Peoples Gas Light & Coke Co. v. Industrial Commission
Docket: No. 31206
Court: Illinois Supreme Court; January 18, 1950; Illinois; State Supreme Court
An application for adjustment of claim was filed by George Pasternak on September 28, 1944, with the Industrial Commission, alleging injuries from an accident on October 2, 1943, during his employment with The Peoples Gas Light and Coke Company, which denied liability. The arbitrator found that while proper notice was given and medical care provided, the injuries did not arise in the course of employment. The Industrial Commission upheld this decision. Subsequently, the Cook County circuit court ruled that an award should be made for a 50% permanent loss of use of Pasternak's left hand, remanding the case to the Industrial Commission for further evidence. Upon review, the Commission awarded compensation under the Workmen’s Compensation Act, set at $18.80 per week for 85 weeks. This award was affirmed by the superior court on April 28, 1949. The key legal issue is whether Pasternak's injury arose out of and in the course of his employment. The company does not dispute the 50% loss of use but contests the claim based on the assertion that Pasternak was not acting within the scope of his employment at the time of his injury. Pasternak had over 22 years of employment with the company in various labor roles. On the day of the accident, he was assigned to pull ashes and help wash air ducts but voluntarily climbed to the top of a cupola to clean dust from conveyor belts without reporting back to his foreman, which was against established procedure. Claimant was injured while attempting to operate conveyor belts at a plant, contrary to his foreman's instructions. He was told to check the fuel bin for 'Breeze', which did not require belt operation and could be done from the stairway. Despite having operated the belts before, he lacked the authority to do so without explicit direction on that day. His actions were deemed voluntary and outside the scope of his employment, as established by precedent that an employee is not covered for injuries resulting from risks not related to their work duties. The Industrial Commission and arbitrator concluded the injury was not compensable. On appeal, the circuit court's decision was found to reflect the Industrial Commission's findings. Consequently, the Cook County Superior Court's judgment was reversed, and the compensation award was set aside.