Harrisburg Coal Mining Co. v. Industrial Commission

146 N.E. 543, 315 Ill. 377
CourtIllinois Supreme Court
DecidedFebruary 17, 1925
DocketNo. 16439
StatusPublished
Cited by6 cases

This text of 146 N.E. 543 (Harrisburg Coal Mining Co. v. Industrial Commission) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harrisburg Coal Mining Co. v. Industrial Commission, 146 N.E. 543, 315 Ill. 377 (Ill. 1925).

Opinion

Mr. Justice Farmer

delivered the opinion of the court:

Eddie Miller, employed in the coal mine of plaintiff in error, while engaged in the line of his employment received an electric shock October 28, 1921, for which he filed a claim for compensation. The claim was heard by an arbitrator in March, 1922, who made an award of $12 for one week and $16 per week for 265 weeks under paragraph (/) of section 8 of the Compensation act, aggregating $4252, for the reason that the injury caused complete disability and rendered him permanently incapable of work. Upon a review on the petition of plaintiff in error the Industrial Commission sustained the award made by the arbitrator. The cause was removed to the circuit court by certiorari, where the award was set aside and the cause remanded to the commission for further proceedings. The cause was reheard by that body in January, 1924, and an award made under paragraph (d) of section 8 of the act of $10.20 per week for the period of 416 weeks, aggregating $4243.50. That award was confirmed by the circuit court, and this court granted a writ of error to review the decision.

Plaintiff in error says in its brief that the only questions in the case are “whether the present conditions of the claimant are the proximate results of the electric shock, and the nature and extent of the injury, if any.”

At the time of his injury Miller was thirty-two years old. He testified on the hearing before the arbitrator that he was working on a machine undercutting coal, operated by an alternating current of electricity of 250 volts. He had gloves on and caught hold of a cable where the insulao tion was worn and imperfect and held it two or three minutes while the current passed through his body. He was in a damp entry and his feet were wet. It dazed him at the time and the sweat “popped” out on him. He continued to work a little while after the accident, then left the mine and went home. He testified since the injury his eyes have been affected; that the light hurts them and he has to use glasses to read. His nervous system and heart were affected. He had not been able to work since and had not attempted to. He had no strength, could not sleep well, and a little exercise disturbed his nervous system. He had no heart trouble before the accident. He had a listless feeling and no ambition. The symptoms he described began a few days after the injury. He consulted Dr. Davidson on November 4, and had been examined by Dr. Hick, Dr. Moore and Dr. McSparin. He said he had a nervous breakdown January 17. Up to that time he had been walking around and had visited neighboring towns.

The other evidence heard before the arbitrator was the testimony of doctors. There were no physical signs of the shock left on the body of Miller. Dr. Davidson, his family physician, treated him after the accident, and testified he had low blood pressure, complained of fatigue and nervousness and said the light hurt his eyes. The doctor never before treated a patient suffering from electric shock and knew nothing about the effects, except that if severe enough it would affect the nervous system. In January, 1922, the witness and Dr. McSparin both treated Miller. He described his symptoms, said he did not have flu, and he could not say whether his condition was permanent or not. Dr. McSparin testified that in January, 1922, Miller had the flu, ran a temperature of 103, had a sore throat, his eyes were very sensitive to light, and he was in a semi-comatose condition. The doctor was informed of Miller’s electric shock, but said he saw no connection between that and his then condition. He could not state whether Miller was able to perform labor. He testified a high voltage electric current would have immediate effect, which would be noticeable within from twenty-four to forty-eight hours. Dr. Moore saw and examined Miller on December 14, 1921. He described his general appearance as being that of a man in a reasonably good physical condition, with no organic trouble. His blood pressure was normal, and he detected no muscle spasms or anything else of a disabling nature which would render him incapable of work. He testified the effects of an electric shock were immediate and would last but a short time. He said a man could have resultant hysteria from an electric shock, which would leave no sign but would disable a man from work as completely as a physical impediment. He said that kind of a case was a very bad case for treatment, so far as disability was concerned. Dr. Hick examined Miller on December 28, 1921, and so far as he could see, his physical condition was normal and his blood pressure normal. The only objective findings were bad teeth, and the doctor thought Miller was able to work. He said he found nothing to indicate Miller was malingering.

This is, we believe, a brief summary of the material part of the testimony heard by the arbitrator. On review before the Industrial Commission additional testimony was introduced. J. L. Mason, an electrician of fifteen years’ experience, testified the voltage where Miller was working was a 210 alternating current. The witness has had much experience with electric shocks and said the effect was immediate. Some men are more sensitive to electric currents than others. Dr. McSparin testified again that Miller had influenza in January, 1922; that he treated him in connection with Dr. Davidson, and that was the agreed diagnosis. Dr. Roberts testified he examined Miller on June 10, 1922, and that Miller gave him a complete history of receiving the electric shock and what he did immediately following it. Miller told the doctor he left the mine, washed, changed his clothes unassisted and rode to his home in an automobile, a distance of four miles; that he was confined to his bed three days following the accident and had been treated by Dr. Davidson ever since. His complaint was of a nervous condition and insomnia; headaches all the time, sometimes becoming severe; pains in the region of the heart, which were intermittent; a general weakness and impairment of vision. The doctor found his blood pressure normal, and no disease or impairment, as far as he could discover, of any of his organs. He said he did not think there was any permanent disability; that the effects of an electric shock are immediate and not remote. He testified the symptoms Miller complained of might be the result of influenza. He further testified he believed Miller had hystero-neurasthenia, which he said is a common result of an electric condition. It incapacitates a man from work while it lasts and sometimes is never cured. That condition might result from influenza. Miller again testifled and said he had been in bed a good deal of the time since the hearing before the arbitrator; that his nervous condition was worse; that he had a pain in the region of the heart, headaches all the time, and was unable to do any physical work.

On the hearing before the commission after the cause was remanded, Miller testified he was weak and unable to work,-short of breath, nervous, could not control himself, and had not the strength to perform labor. He tried to work in a restaurant and after five days had to quit and go to bed. Later he worked five weeks in the post-office, got sick, had a nervous breakdown and had to quit work. He testified he was weaker than he was at the time of the hearing before the arbitrator. Dr.

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146 N.E. 543, 315 Ill. 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrisburg-coal-mining-co-v-industrial-commission-ill-1925.