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• Title: Downey v. Industrial Com.
• Author : Supreme Court of Illinois
• Release Date : January 26, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

The two appeals consolidated here concern an award under the Workmen's Compensation Act to Joseph Downey for an employment-related
injury. The arbitrator originally denied compensation; that decision was affirmed by the Industrial Commission and later reversed
by the circuit court of Winnebago County as against the manifest weight of the evidence. Pursuant to a remanding order, the
Commission then awarded compensation which was affirmed on appeal to the circuit court. Both actions of the circuit court
are challenged here in separate appeals by J.I. Case Company, the employer. The first appeal, from the circuit court order remanding the case to the Commission to fix an award, is improper and must
be dismissed. The remanding order was interlocutory and is not in itself appealable. (Joyce Bros. Storage and Van Co. v. Industrial
Com., 399 Ill. 456, 458; see Mayrath Co. v. Industrial Com., 33 Ill.2d 224, 225; see also Metropolitan Sanitary District of
Greater Chicago v. Industrial Com., 37 Ill.2d 447, 449-50; South Chicago Community Hospital v. Industrial Com., No. 41670.)
However, the circuit court's final judgment confirming the Commission's award, made pursuant to the remand, is properly presented
for appeal. The entire record is before this court in the present appeal, and the correctness of the circuit court's initial
decision to reverse and remand may now be reviewed within the context of the court's final judgment. (ACF Industries, Inc.
v. Industrial Com., 8 Ill.2d 552, 554; Northwestern University v. Industrial Com., 8 Ill.2d 552, 554; Northwestern University
v. Industrial Com., 409 Ill. 216, 219; American Manganese Steel Co. v. Industrial Com., 399 Ill. 272, 274-75.) It is therefore
proper for this court to review the evidence upon which the arbitrator and the Commission based the original decision to deny
compensation, and we must determine whether the circuit court was correct in finding that decision to be against the manifest
weight of the evidence. Gray Knox Marble Co. v. Industrial Com., 363 Ill. 210.

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