Newgard v. Industrial Com‪.‬

Claimant, Tilman Newgard, sought workmen's compensation for an injury purportedly sustained while he was working at Chrysler Corporation on September 6, 1969. The arbitrator entered an award for complete disability, finding that claimant was wholly and permanently incapable of work. After additional evidence was presented on review before the Industrial Commission, the arbitrator's award was set aside because claimant had failed to prove that he sustained accidental injuries arising out of and in the course of his employment. On certiorari to the circuit court of Winnebago County, the Industrial Commission's decision was reversed and the arbitrator's award reinstated. Chrysler appeals contending that the Industrial Commission's determination was not contrary to the manifest weight of the evidence and that the circuit court erred in its evidentiary evaluation. 50 Ill.2d R. 302(a). At the hearing before the arbitrator conducted on May 15, 1972, claimant testified that he commenced his employment at Chrysler in June, 1969. He had previously worked for a chemical company as a janitor. In November, 1968, he was shaking a mat at the chemical company when he experienced a pain in his back about four inches above the belt line. He consulted Dr. Donald Lyddon, who administered a series of heat treatments and placed him in traction. Claimant did not see Dr. Lyddon for several months prior to the alleged accident at Chrysler.