Citations
- 285 Ill. 647
Full opinion text
Mr. Justice Carter
delivered the opinion of the court:
This cause comes to this court on a writ of error sued out by plaintiff in error to review the judgment of the circuit court of Cook county, that court having certified that the case was one proper to be reviewed here.
On July 24, 1916, while Luke Hallerin was working for the Wells Bros.. Company in a well or caisson at Kinzie and Dearborn streets, in Chicago, about ninety feet below the surface, there was an explosion of gas in the caisson, whereby Hallerin’s head, neck, arms, hands and face were burned. His nose was scarred on both sides and its size diminished at the end, and his upper and lower lips were also scarred in such manner that the shape of the mouth has been altered. As the result of these burns his face and head are seriously and permanently disfigured. His hands and fingers were also burned and disfigured, and it is claimed by counsel, and the evidence tended to show, that he is completely and permanently disabled. It was agreed on the hearing that both parties were under the Workmen’s Compensation act, and that the injuries resulted from an accident which arose out of and in the course of Hallerin’s employment. He was allowed as compensation, under paragraph (c) of section 8 of the Workmen’s Compensation act, for serious and permanent disfigurement $11.56 per week (one-half his weekly wage) for a period of 77 weeks, and was also allowed $6 per week for 314 weeks for permanent partial incapacity resulting from his injuries. On the case being taken to the circuit court the findings of the Industrial Commission were approved.
The only question raised here by counsel for the plaintiff in error is that Hallerin is not entitled to compensation both for disfigurement and for partial disability under paragraph (c) of section 8 of the Workmen’s Compensation act. As amended in 1915 that paragraph reads: “For any serious and permanent disfigurement to the hand, head or -face, the employee shall be entitled to compensation for such disfigurement, the amount to be fixed by agreement or by arbitration in accordance with the provisions of this act, which •amount shall not exceed one-quarter of the amount of the compensation which would have been payable as a death benefit under paragraph (a), section 7. * * * Provided, that no compensation shall be payable under this paragraph where compensation is payable under paragraph (d), (e) or (/) of this section: And, provided, further, that when the disfigurement is to the hand, head or face as a result of an injury, for which injury compensation is not payable under paragraph (d), (