Zurich Gen. Accident & Liability Ins. Co. v. Indus. Comm'n

• Decision Date: 25 October 1928
• Docket Number: No. 18785.,18785.
• Citation: 331 Ill. 576,163 N.E. 466
• Parties: ZURICH GENERAL ACCIDENT AND LIABILITY INS. CO. et al. v. INDUSTRIAL COMMISSION et al.
• Court: Illinois Supreme Court

331 Ill. 576

163 N.E. 466

ZURICH GENERAL ACCIDENT AND LIABILITY INS. CO. et al.

v.INDUSTRIAL COMMISSION et al.

No. 18785.

Supreme Court of Illinois.

Oct. 25, 1928.

Error to Superior Court, Cook County; Joseph B. David, Judge.

Proceeding under the Occupational Diseases Act by William Walker, employee, opposed by the Union Battery Company, employer, and the Zurich General Accident & Liability Insurance Company, insurer. To review in order confirming an award of the Industrial Commission, the insurer and another bring error.

Affirmed.George A. Schneider, of Chicago, for plaintiffs in error.

Marguerite Raeder Gariepy, of Chicago, for defendant in error.

HEARD, J.

Plaintiffs in error by leave of this court have sued out a writ of error to review the record of an order of the superior court of Cook county confirming an award of the Industrial Commission of Illinois against the Union Battery Company and in favor of William Walker, one of its employees, who claims to come within the provisions of what is known as the Occupational Diseases Act.

The only question argued before the superior court was the constitutionality of section 15 of the above act (Laws of 1923, p. 351), which provides:

‘Sec. 15. (a) For any injury to the health of any employee proximately caused by any willful violation of section 1 of this act, or willful failure to comply with any of the provisions of section 1 of this act, a right of action shall accrue to the party whose health has been so injured, for any direct damages sustained thereby; and in case of the loss of life by reason of such willful violation or willful failure as aforesaid, a right of action shall accrue to the widow of such deceased person, his lineal heirs or adopted children, or to any other person or persons who were, before such loss of life, dependent for support upon such deceased person, for a like recovery of damages for the injury sustained by reason of such loss of life not to exceed the sum of ten thousand dollars: Provided, that every such action for damages in case of death shall be commenced within one year after the death of such employee.

‘(b) 1. If an employee is disabled or dies, and his disability or death is caused by an occupational disease arising out of and in the course of his employment in one or more of the occupations referred to in section 2 of this act, he or his dependents, as the case may be, shall be entitled to compensation, in the same manner and subject to the same terms, conditions and limitations as are now or may hereafter be provided by the Workmen's Compensation act for accidental injuries sustained by employees arising out of and in the course of their employment; and for this purpose the disablement of an employee by reason of an occupational disease, arising out of and in the course of his employment in one or more of the occupations referred to in section 2 of this act, shall be treated as the happening of an accidental injury.

‘2. As used in this subdivision (d) of this section, the word ‘disability’ means the state of being disabled from earning full wages at the work at which the employee was last employed by the employer from whom he claims compensation; the word ‘disablement’ means the act of becoming disabled from earning full wages at the work at which the employee was last employed by the employer from whom he claims compensation; the words ‘occupational disease mean a disease peculiar to and due to the nature of an employment in one or more of the occupations referred to in section 2 of this act; and the word ‘occupations' means and includes each and every process, manufacture, employment, and process of manufacture or labor referred to in section 2 of this act.

‘3. The Industrial Commission shall have jurisdiction over the operation and administration of this subdivision (b) of this section; and it shall have, exercise, perform and discharge the same rights, powers and duties with reference to this subdivision (b) of this section as it shall have, exercise, perform and discharge with reference to the Workmen's Compensation act, or any amendments thereto or modifications thereof. Notice of the disablement shall be given to the employer, and claim for compensation shall be made, in the same manner and within the same periods of time, respectively, as are now or may hereafter be provided in the Workmen's Compensation act concerning accidental injuries sustained by employees arising out of and in the course of their employment. Proceedings for compensation hereunder shall be had and maintained in the same manner as is now or may hereafter be provided by the Workmen's Compensation act with reference to proceedings for compensation for accidental injuries. The procedure and practice provided in the Workmen's Compensation act, and all amendments thereto and modifications thereof, shall apply to all proceedings hereunder.

‘4. This subdivision (b) of this section shall apply automatically and without election to all employees and employers engaged in the occupations referred to in section 2 of this act. No common law or statutory right to recover damages for injury or death sustained by any employee by reason of an...