Slago Coal Co. v. Indus. Comm'n

• Decision Date: 16 June 1920
• Docket Number: No. 13261.,13261.
• Citation: 127 N.E. 751,293 Ill. 271
• Parties: SLAGO COAL CO. v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

293 Ill. 271

127 N.E. 751

SLAGO COAL CO.

v.INDUSTRIAL COMMISSION et al.

No. 13261.

Supreme Court of Illinois.

June 16, 1920.

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

Proceeding for compensation under the Workmen's Compensation Act by Frank Kelley, the employé, opposed by the Slago Coal Company, the employer. Compensation was awarded by the Industrial Commission, the award affirmed by the circuit court, and the employer brings error.

Judgment modified and affirmed.

Denison & Spiller, of Marion (R. H. Davis, of St. Louis, Mo., of counsel), for plaintiff in error.

STONE, J.

Defendant in error was injured while engaged in the occupation of mule driver in plaintiff in error's mine. The defendant in error, according to his testimony, was knocked unconscious, and his right eye, right shoulder, and chest were hurt. There was a gash or cut over the left eye. His eyesight was not injured. The cut over the eye left a bluish scar three-quarters of an inch long. The findings and the award of the arbitrator were affirmed by the Industrial Commission and were as follows: The sum of $12 a week for a period of 3 4/7 weeks for temporary total incapacity; the sum of $7.50 a week for a period of 8 3/7 weeks, under paragraph (d) of section 8 of the Compensation Act (Hurd's Rev. St. 1917, c. 48, § 133), for partial incapacity; the sum of $12 per week for 4 weeks for disfigurement to the face; and the sum of $12 per week for a period of 50 weeks for a 25 per cent. loss of the use of the right arm. The circuit court of Williamson county affirmed the award of the Industrial Commission on review, and the cause comes here on writ of error.

The only contention made by plaintiff in error is that the award is excessive; it being contended that the commission was not authorized, under paragraph (d) of section 8 of the Compensation Act, to make an award for partial incapacity when a further award was given under paragraph (e) of said section for a specific loss of 25 per cent. of the use of the right arm, and that therefore the award of $7.50 per week for a period of 8 3/7 weeks was unauthorized.

Paragraph (d) of section 8 of the act authorizes an award where the employé, by reason of injuries sustained, becomes partially incapacitated, in all cases except those covered by the specific schedule as set forth in paragraph (e) of said section. Clause 17 of paragraph (e) of said section authorizes an award for a permanent partial loss of use of...