Stanswsky v. Industrial Commission (344 Ill. 436, 1931)

Mr. Justice Orr

delivered the opinion of the court:

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 subsection 19 of paragraph (e) of section 8 of the Workmen’s Compensation act, which became effective July 1, 1929. A hearing was had upon this petition under an agreed statement of facts. It was agreed that Stanswsky died on September 3, 1929, that the petitioner was the only surviving dependent 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’s Stat. 1929, chap. 48, pars. 145, 158.) These amended sections became effective July 1, 1929, and the portions thereof relevant to this case are as follows:

Section 8, (par. 145,) paragraph (