Spring Valley Coal Co. v. Indus. Comm'n

• Decision Date: 04 October 1923
• Docket Number: No. 15305.,15305.
• Citation: Spring Valley Coal Co. v. Indus. Comm'n, 309 Ill. 215, 140 N.E. 858 (Ill. 1923)
• Parties: SPRING VALLEY COAL CO. v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

309 Ill. 215

140 N.E. 858

SPRING VALLEY COAL CO.

v.INDUSTRIAL COMMISSION et al.

No. 15305.

Supreme Court of Illinois.

June 20, 1923.

Rehearing Denied Oct. 4, 1923.

Error to Circuit Court, Bureau County; Joe A. Davis, Judge.

Proceeding under the Workmen's Compensation Act by Joe Winslow, claimant, opposed by the Spring Valley Coal Company, employer.Award by the Industrial Commission of life pension was affirmed, and the employer brings error.

Affirmed.

John J. Sherlock, of Chicago, and McDougall & Chapman, and H. H. Bayne, all of Ottawa, for plaintiff in error.

Paul D. Perona, of Ladd, for defendant in error.

CARTER, J.

An application for an adjustment of a claim was filed by defendant in error, Joe Winslow, May 31, 1921, against plaintiff in error, reciting that he was injured on October 2, 1919, by an accident arising out of and in the course of his employment by the Spring Valley Coal Company.An award was entered by the arbitrator in favor of the applicant, wherein it was held that he was entitled to $9.87 per week for 354 weeks and $6.02 for 1 week, and thereafter a pension during life equal to $280 annually.The Industrial Commission confirmed the arbitrator's award, and the circuit court affirmed the award of the Industrial Commission, and the case has been brought here for further review by petition for writ of error.

It appears from the record that the applicant resided at Spring Valley, in Bureau county, and was injured in the plaintiff in error's mine No. 5 at Dalzell while bringing an empty car into his place.While doing so a loaded car ran over him and crushed him, dragging him along the ground for some distance.On the hearing before the arbitrator it was stipulated that the parties were operating under and were subject to the Workmen's Compensation Act(Hurd'sRev. St. 1919, c. 48, §§ 126-152i), and other facts were stipulated, none of which are disputed here, from which it seems clear that the applicant was entitled to an award as to some amount.The only question in dispute here is the nature and extent of the injury, and whether or not there is a permanent total disability resulting from the injury.There is no dispute as to how the injury happened.The applicant was injured in his back, side, and chest.After the injury he was taken by the company to the Spring Valley Hospital and was there 5 weeks and 5 days, receiving treatment under the direction of the plaintiff in error.At the end of that time he was allowed to go to his home in Spring Valley.Shortly thereafter he visited the mine, where he remained for about a day, and then decided, in a talk with the mine authorities, that it way necessary for him to go home, where he went and remained in bed for 3 weeks.After that he was taken, apparently by the plaintiff in error, to the Wesley Hospital, in Chicago, and was there cared for by Dr. Magnuson, who testified for plaintiff in error, remaining there under the care of the physician for 5 months and a few days, being discharged some time in July, 1920.Thereafter he applied to the mine authorities in Spring Valley to be given work, and was told that he would be given a job at trapping when opportunity offered.He testified on the hearing that he felt about the same as he did before he was hurt, but that he could not shovel or do heavy work, because it hurt his shoulders and back; that he tried to dig a little in his garden, but could not do it, because it hurt his back around the spine.He also applied for light work in Kewanee, but could not obtain it, and it does not appear that the Spring Valley Coal Company has ever offered him a job at trapping, or other light work, since he first applied...