Playhouse Theatre v. Indus. Comm'n

• Decision Date: 17 December 1931
• Docket Number: No. 20955.,20955.
• Citation: 346 Ill. 509,179 N.E. 89
• Parties: PLAYHOUSE THEATRE v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

346 Ill. 509

179 N.E. 89

PLAYHOUSE THEATRE

v.INDUSTRIAL COMMISSION et al.

No. 20955.

Supreme Court of Illinois.

Dec. 17, 1931.

Error to Circuit Court, Cook County; H. S. Pomeroy, Judge.

Proceeding under Workmen's Compensation Act by Ida R. Taylor, widow of George C. Taylor, for adjustment of death claim, opposed by the Playhouse Theatre. After hearing before an arbitrator and review by the Industrial Commission, and confirmation by circuit court, on certiorari, of Industrial Commission's finding that claimant should receive balance of award, the Playhouse Theatre brings error.

Judgment of Circuit Court reversed.

McKenna & Harris, of Chicago (James J. McKenna and Abraham W. Brussell, both of Chicago, of counsel), for plaintiff in error.

Adolph Marks, of Chicago, for defendant in error.

HEARD, J.

This cause is here upon writ of error, by leave of this court.

On June 10, 1927, George C. Taylor, the husband of defendant in error, Ida R. Taylor, received an accidental injury in the course of his employment with plaintiff in error, the Playhouse Theatre, and as a result thereof it became necessary to amputate his leg. After the amputation plaintiff in error entered into a settlement contract with Taylor for the loss of his leg for the sum of $2,520, in paymentsof $14 each week. This contract was approved by the Industrial Commission in May, 1928. Weekly payments of $14 were made to Taylor up to September 22, 1928. On September 28, 1928, Taylor died from causes not resulting from the accident in question. Thereafter his widow, defendant in error, filed an application for adjustment of death claim with the Industrial Commission and also a petition to review the settlement contract under paragraph (h) of section 19 of the Workmen's Compensation Act (Smith-Hurd's Rev. St. 1927, c. 48, § 156(h). After hearing before an arbitrator and a review by the Industrial Commission, the circuit court of Cook county, on certiorari, confirmed the finding of the Industrial Commission that Taylor's death had resulted from causes other than the accident in question, but held that under the statute she was entitled to, and should receive, the balance due upon the settlement contract, and entered an award therefor.

The decision in this cause is governed by the rule laid down in Stanswsky v. Industrial Comm., 344 Ill. 436, 176 N. E. 898, where it was held that the rights of an injured employee and the liability of his employer are determined by the law in force...