Citations
- 305 Ill. 447
Full opinion text
Mr. Justice Stone
delivered the opinion of the court:
On December 6, 1919, the defendant in error received an injury while in plaintiff in error’s employ. On March 26, 1920, an arbitrator entered an award fixing his compensation at $9.86 per week for a period of 12 weeks for temporary total incapacity for work, as provided by paragraph (b) of section 8 of the Workmen’s Compensation act. No appeal was taken from this award and payments thereunder were made by the plaintiff in error until June 5, 1920, when the defendant in error filed a petition with the Industrial Commission for a review of the award on the ground that the disability due to the injury had increased, as provided for in paragraph (A) of section 19 of said act. The commission heard the petition and entered an award on April 3, 1921, finding that the disability had increased and that such increased disability arose out of the original injury received by the defendant in error, and awarded him $4.86 per week for a period of 404 weeks, beginning with June 5, 1920. On May 10, 1921, the plaintiff in error filed in the circuit court.its prcecipe for certiorari, and upon petition to the Industrial Commission was given thirty days in addition to the time allowed by statute in which to file an agreed statement of facts or stenographic report of the evidence given in support of the award of April 3, 1921. On June 2, 1921, plaintiff in error obtained from the commission a further extension of time for that purpose, and again on August 1, 1921, another extension of time of thirty days. On August 9, 1921, there was filed a stenographic report of the evidence given before the commission on review, which stenographic report was approved by the attorneys for both the applicant and respondent. Scire facias was issued out of the circuit court and served on defendant in error. He entered his appearance in said court, and on his motion the writ was quashed on the ground that the stenographic report of the evidence taken before the Industrial Commission was not filed within the time provided for by that act.
It is contended by the plaintiff in error that it was not necessary, in order to obtain a review of a decision of the Industrial Commission under paragraph (A) of section 19, that it file an agreed statement of facts or stenographic report within twenty days or an additional thirty days granted by the commission, and that the circuit court erred in quashing the writ upon the ground that the same was not filed within the time prescribed by the act. It is further contended that having entered his general appearance in said court the defendant in error has waived the right to urge the failure to file the stenographic report in the time prescribed by the act.
Plaintiff in error argues that there is no limitation fixed by the statute within which a stenographic report or agreed statement of facts of the evidence taken before the Industrial Commission on a hearing under paragraph (h) of section 19 must be filed; that the requirement of paragraph (e) of said section limiting the filing of the agreed statement of facts or stenographic report with the commission to twenty days applies only to those cases where the commission is reviewing or has reviewed the finding of the arbitrator granting or refusing an award in the first instance, and does not apply to a review of the award on the ground that the disability of the employee has recurred, increased, diminished or ended, and that since there is no limitation fixed by the statute, and plaintiff in error having filed the certified stenographic report prior to the return of the commission to the writ of certiorari, such stenographic report was filed in time.
The provisions of the Compensation act regarding a review of the decisions of the Industrial Commission are found in section 19. Paragraph (a) provides for the hearing before the arbitrator. Paragraph (5) provides for a review of his decision, and requires that the petition for review shall be filed with the commission within fifteen days after receipt by the petitioner of a copy of the decision of the arbitrator, and he must file with the commission within twenty days, or within an additional time not exceeding thirty days allowed by the commission, either an agreed statement of facts or stenographic report of the evidence before the arbitrator, properly authenticated. Paragraphs (c) and (d) have no application to the question here under consideration. Paragraph (