Ridge Coal Co. v. Indus. Comm'n

Citation298 Ill. 532,131 N.E. 637
Decision Date22 June 1921
Docket NumberNo. 13876.,13876.
PartiesRIDGE COAL CO. v. INDUSTRIAL COMMISSION.
CourtSupreme Court of Illinois

OPINION TEXT STARTS HERE

Error to Circuit Court, Williamson County; D. T. Hartwell, Judge.

Proceedings under the Workmen's Compensation Act by John Shadowens for compensation for injuries, opposed by the Ridge Coal Company, employer. Compensation was awarded by the Industrial Commission, and the award was affirmed by the circuit court, and the employer brings error.

Reversed, and award set aside.

T. W. Quinlan, of Springfield, and Denison & Spiller, of Marion, for plaintiff in error.

A. W. Kerr, of Chicago, and George R. Stone, of Marion, for defendant in error.

DUNN, J.

This writ of error was allowed to review a judgment of the circuit court of Williamson county affirming an award made to John Shadowens under the Workmen's Compensation Act (Hurd's Rev. St. 1919, c. 48, §§ 126-152i) against the Ridge Coal Company. The arbitrator found that the parties were operating under the act; that the employee sustained accidental injuries which arose out of and in the course of his employment; that notice of the accident was not given to the employer, but demand for compensation was made within the time required by the act; that the injured employee is entitled to receive $15 a week for 12 5/7 weeks' temporary total incapacity, and $15 a week for 50 weeks under paragraph (e) of section 8 (section 133) for one-third permanent loss of left hand. The award was reviewed by the Industrial Commission, which sustained the findings and award of the arbitrator, and ordered them to stand as the decision of the commission.

Section 24 of the act (section 149) provides that no proceedings shall be maintained unless notice of the accident has been given to the employer within 30 days. This notice is essential to the jurisdiction of the commission. Bushnell v. Industrial Board, 276 Ill. 262, 114 N. E. 496;Barrett Co. v. Industrial Com., 288 Ill. 39,123 N. E. 29;Ohio Oil Co. v. Industrial Com., 293 Ill. 461, 127 N. E. 743. Counsel for the defendant in error expressly concede that compensation cannot be awarded if no notice of the injury was given, and meet the situation by the statement that the word ‘not’ in the finding of the arbitrator is a clerical error. They sustain their position, not by showing that there actually was a clerical error, but by the argument that the award without the notice would have been erroneous; that arbitrator must therefore have found that there was notice, and the record of his finding that there was not must be regarded as a clerical error. Where there is any controversy in the evidence on the point in question the record cannot be so disregarded. It is presumed to speak the truth as to the finding and action of the tribunal whose record it is, and a reviewing court must act upon the record as certified to it. The case of Centralia Coal Co. v. Industrial Com., 294 Ill. 325, 128 N. E. 554, is an illustration of a clerical error which a reviewing court may take notice of and correct, where all the evidence, without dispute, showed an injury to the left leg, but the commission found that as a result of the accident the applicant had sustained a partial permanent...

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7 cases
  • Schrabauer v. Schneider Engraving Product
    • United States
    • Missouri Court of Appeals
    • 11 Marzo 1930
    ... ... 549; Ohio Oil Co. v ... Ind. Comm., 127 N.E. 743; Ridge Coal Co. v. Ind ... Comm., 131 N.E. 637, 298 Ill. 532; Beech v ... ...
  • Strebing v. Indus. Comm'n
    • United States
    • Illinois Supreme Court
    • 5 Abril 1933
    ... ... E. 298;[351 Ill. 631]Nierman v. Industrial Com., 329 Ill. 623, 161 N. E. 115;Moweaqua Coal Co. v. Industrial Com., 322 Ill. 403, 153 N. E. 678;Central Illinois Public Service Co. v ... [184 N.E. 889]Ridge Coal Co. v. Industrial Com., 298 Ill. 532, 131 N. E. 637. Likewise the record of the circuit court ... ...
  • American Car & Foundry Co. v. Indus. Comm'n
    • United States
    • Illinois Supreme Court
    • 19 Junio 1929
    ...make an objection on the hearing before the arbitrator, before the Industrial Commission or in the circuit court. Ridge Coal Co. v. Industrial Com., 298 Ill. 532, 131 N. E. 637. In cases of this kind the rules with reference to the admission of evidence and the burden of proof are the same ......
  • Railway Exp. Agency v. Industrial Commission
    • United States
    • Illinois Supreme Court
    • 20 Mayo 1953
    ...prescribed period cannot be waived. American Car & Foundry Co. v. Industrial Comm., 335 Ill. 322, 167 N.E. 80; Ridge Coal Co. v. Industrial Comm., 298 Ill. 532, 131 N.E. 637; Bushnell v. Industrial Board, 276 Ill. 262, 114 N.E. 496. The first cases hold only that a failure to comply with se......
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