Superior Mining Co. v. Indus. Comm'n
| Decision Date | 20 October 1923 |
| Docket Number | No. 15396.,15396. |
| Citation | 141 N.E. 165,309 Ill. 339 |
| Parties | SUPERIOR MINING CO. v. INDUSTRIAL COMMISSION et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, St. Clair County; L. E. Bernreuter, Judge.
Proceeding for compensation under the Workmen's Compensation Act by Henry Harszy, employee, opposed by the Superior Mining Company, employer. An award of the Industrial Commission was confirmed by the superior court, and the employer brings error.
Judgment reversed, and decision set aside.
M. C. Young, of St. Louis, Mo. (Burton & Hamilton, of Peoria, of counsel), for plaintiff in error.
W. J. MacDonald, of Chicago, for defendant in error.
While in the employ of the Superior Mining Company, Henry Harszy was knocked down by a fall of slate and received scratches and cuts about his face. He was temporarily incapacitated for two weeks and received compensation for this period. He claims further compensation for a disfigurement over the left eye, and an award amounting to $192 has been made. This writ of error has been prosecutedby leave of court to review the judgment of the circuit court of St. Clair county confirming this award.
Dr. R. E. Niedringhaus testified that when he was standing 10 feet from Harszy he could not see a scar, but that when he moved to within 2 feet of him and lifted up the supra-orbital skin he could see two slight, blue scars, commonly called coal scars; that the smaller one was about a quarter of an inch long, and the larger about three-quarters of an inch long; that these scars are hidden when the eye is open, for the reason that Harszy has a prominent supra-orbital ridge. Samuel C. Crouch, a photographer, testified that when the eyebrow was raised by the hand he could see the blue scars at a distance of 4 1/2 feet. A photograph of Harszy, made when he was sitting about 12 feet from the camera, is in the record.
The object of Workmen's Compensation Laws is to compensate for loss of earning power resulting from industrial accidents. While it is not necessary that there should be a showing of an actual loss of earning power before compensation can be made for a disfigurement (Williams Co. v. Industrial Com., 303 Ill. 352, 135 N. E. 758), the evidence ought to show that the disfigurement for which compensation is sought bears some relation to the capacity to earn and to secure profitable employment. Where a man has suffered serious injuries to his hands, head, or face, it is often true that they are of such a...
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