General Electric Co. v. Industrial Commission

104 N.E.2d 257, 411 Ill. 401, 1952 Ill. LEXIS 256
Illinois Supreme Court·Decided January 24, 1952·No. No. 32127·Published·Cited by 4 cases

Opinion

Mr. Justice Crampton

delivered the opinion of the court:

Earl Drullinger, an employee of General Electric Company, filed with the Industrial Commission an application for compensation, charging that on March 25, 1949, a particle of some kind struck him in the left eye while he was cleaning the face of a drill press. The arbitrator denied compensation. On further hearing before the commission an award was made of compensation at the rate of $19.50 per week for 19% weeks, the period of temporary total incapacity for work. The employer was also ordered to pay the additional sum of $664.15 for medical, surgical and hospital expenses, and the further sum of $75 for the cost of an artificial eye. This decision was confirmed on certiorari by the circuit court of Vermilion County, and the cause is here for further review on writ of error heretofore granted by this court. It is alleged (1) that error was committed in granting an allowance for medical, surgical and hospital services; and (2) that the decision finding the disability to be a result of the accident is against the manifest weight of the evidence.

The evidence discloses that in 1925 the employee, while in the employ of another employer, had sustained an injury when a piece of steel from a cold chisel penetrated his left eye. He thereafter received compensation therefor, and at the time of the alleged accident in the present case the eye was industrially blind. On March 25, 1949, the employee was cleaning the face of a drill press when a foreign object, the nature of which he does not know, struck him in the left eye. The next day it became painful. He subsequently consulted several physicians and received medical treatment. The eye continued to trouble him, however, and on June 1, 1949, it was removed by surgery. He was thereafter supplied with an artificial eye and noticed no further discomfort.

He was examined after the supposed injury of March 25 by three eye specialists, including the surgeon who performed the enucleation. The latter testified, on the employee’s behalf, that when he first examined him on May 3 the eye was inflamed; that there was an old scar on the cornea; and that the acute inflammation could have been caused either by the old condition or by the accident of March 25. Dr. S. G. Baldwin testified he examined the employee on March 29, and found him suffering from a superficial ulcer of the cornea, which may ordinarily be caused by getting-dust in the eyes or brushing them with a handkerchief; that he treated him at a hospital from March 29 to April 3; and that on the latter date the ulcer was completely healed. He further testified he examined the employee again on May 7 and found he had a glaucoma of the eye; that there was a scar on the cornea, which was an old one with iris adhesions, but no ulcer of the cornea; that there was no indication of a recent foreign particle in the eye; and that the pathology which later made removal of the eye necessary was caused by a piece of steel still embedded in the eye, probably from the injury of 1925. Dr. H. E. Baldwin, father of the specialist who testified as related, also testified as an eye specialist that he examined the employee’s eye in May, and conferred with the surgeon concerning its removal; and that in his opinion the glaucoma which required its removal was not influenced by the occurrence of March 25. The employee himself testified that on April 3, when he was discharged from the hospital as having been cured of the ulcer, the eye continued to give him pain until he returned to the hospital, and that between 1925 and March 25, 1949, he had had no pain whatever in the eye and had none when he went to work that day.

The employer’s contention that the removal of the eyeball was not a result of the injury and that, therefore, the judgment should be reversed cannot be sustained. We believe the record sufficiently shows a causal relationship between the accident of March 25 and the subsequent removal of the eye. It is not seriously disputed that the employee sustained an accidental injury to the eye on that date, and he testified to the effect that for the first time since the 1925 injury it then began to pain him and continued to do so until the eye was enucleated. His' testimony, considered alone, would have justified the award, and some corroboration is found in the surgeon’s opinion that the inflammation or glaucoma making it necessary to remove the eye could have been brought on or accelerated by the accident of March 25. It was a controverted question whether the disability was due entirely to the preexisting condition. In determining that question it was the duty of the commission to consider all the testimony and give it such weight as it was entitled to under all the circumstances. While the other two doctors testified that in their opinion the accident in question had no effect upon the glaucoma which necessitated the operation, it cannot be said that their expert testimony must be held to conclusively overcome the testimony of the employee himself. (See Aladdin Coal and Mining Co. v. Industrial Com. 308 Ill. 35.) In view of this record we cannot say that the commission was bound to find there was no causal connection, or that the award was clearly contrary to the evidence.

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General Electric Co. v. Industrial Commission, 104 N.E.2d 257, 411 Ill. 401, 1952 Ill. LEXIS 256 (Ill. 1952).

104 N.E.2d 257 (General Electric Co. v. Industrial Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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