Stanswsky v. Indus. Comm'n

• Decision Date: 18 June 1931
• Docket Number: No. 20611.,20611.
• Citation: 176 N.E. 898,344 Ill. 436
• Parties: STANSWSKY v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

344 Ill. 436

176 N.E. 898

STANSWSKY

v.INDUSTRIAL COMMISSION et al.

No. 20611.

Supreme Court of Illinois.

June 18, 1931.

Error to Circuit Court, Christian County; William B. Wright, Judge.

Proceeding under the Workmen's Compensation Act by Eva Stanswsky, as widow of George Stanswsky, deceased employee, opposed by the Pana Coal Company, employer. An order of the Industrial Commission denying the petition was confirmed by the circuit court, and petitioner brings error.

Affirmed.

Joseph A. Londrigan, of Springfield, for plaintiff in error.

W. C. Ropiequet, of East St. Louis (Ropiequet & Freels, of East St. Louis, of counsel), for defendants in error.

ORR, J.

On October 12, 1929, Eva Stanswsky, widow of George Stanswsky, filed a petition with the Industrial Commission asking for the entry of an order that the unpaid balance due Stanswsky under an award entered July 23, 1929, be paid to her in accordance with the provisions of subdivision 19 of paragraph (e) of secton 8 of the Workmen's Compensation Act, which became effective July 1, 1929. A hearing was had upon this petition under an agreed statements of facts. It was agreed that Stanswsky died on September 3, 1929, that the petitioner was the only surviving dependant and beneficiary, and that on July 23, 1929, an arbitrator had entered an order, which became final because no petition for review had been filed, directing the Pana Coal Company, a corporation, to pay Stanswsky $11.94 per week for a period of four weeks for the time he received medical services, and in addition thereto the sum of $11.94 per week for a period of 120 weeks as compensation for the permanent loss of sight of his left eye. The decision further found that this disability was due to an injury which he sustained January 8, 1929, while in the employ of the Pana Coal Company. It was agreed that the sum of $399.42 has been paid, which was full payment of all compensation due up to and including August 31, 1929. Upon these facts the Industrial Commission entered its order upon the petition of Eva Stanswsky on February 27, 1930, denying the petition for the reason that the injury occurred before July 1, 1929. On September 9, 1930, the circuit court of Christian county confirmed the decision of the Industrial Commission, and by this writ of error the case is before us for review.

The facts in this case are not in dispute. Stanswsky, a coal miner, who had previously lost the sight of his right eye, was struck in the left eye by a piece of flying coal on January 8, 1929, resulting in his total blindness, for all practical and industrial purposes. His injury was sustained in the course of his employment by the Pana Coal Company. No award for this injury was made by the arbitrator until July 23, 1929. Prior to this award the Legislature had amended sections 8 and 21 of the Workmen's Compensation Act (Smith-Hurd Rev. St. 1929, c. 48, §§ 145, 158). These amended sections became effective July 1, 1929, and the portions thereof relevant to this case are as follows:

Section 8, par. (e), subd. 19 (Smith-Hurd Rev. St. 1929, c. 48, § 145, par. e, subd. 19): ‘In a case of specific loss under the provisions of this paragraph and the amount of which loss has been determined under the provisions of this Act, and the subsequent death of such injured employee from other causes than such injury, leaving a widow and/or lineal dependents surviving before payment in full for such injury, then and in that event the balance remaining due for such injury shall be payable to such dependents, in the proportion which such dependency bears to total dependency.’

Section 21 (Smith-Hurd Rev. St. 1929, c. 48, § 158): ‘Any right to receive compensation hereunder shall be extinguished by the death of the person or persons entitled thereto, subject to the provisions of this Act relative to compensation for death received in the course of employment, and subject to the provisions of paragraph (e) of Section 8 of this Act relative to specific loss.’

The question presented is whether the above-quoted provisions of section 8, which became effective July 1, 1929, are applicable where the accidental injury upon which compensation was awarded occurred prior to that date. In this case the injury occurred January 8, 1929, the award of the arbitrator was dated July 23, 1929, and the injured died September 3, 1929, from causes unconnected with the injury.

It is urged by plaintiff in error that since the award was not made until July 23, 1929, the provisions of section 8, as amended July 1,...