Howard v. Industrial Com‪.‬

The claimant, Charles Howard, filed a petition under section 19(h) of the Workmen's Compensation Act (Ill. Rev. Stat. 1977, ch. 48, par. 138.19(h)), alleging an increase in disability since an earlier decision of the Industrial Commission dated September 30, 1976. The Industrial Commission denied this latest petition on March 5, 1979. The circuit court of Morgan County confirmed the decision of the Industrial Commission on December 4, 1980. The claimant has appealed to this court pursuant to Rule 302(a) (73 Ill.2d R. 302(a)). This is the second time that this petitioner has appealed to this court seeking an increase in disability. In the original action before an arbitrator of the Industrial Commission the petitioner received an award of compensation for 64 weeks of temporary total disability and compensation for a 20% loss in the use of his right leg, as well as 10% loss in the use of his left leg. The first decision of the Industrial Commission affirmed the decision of the arbitrator. While that first decision of the Commission was being appealed, the claimant filed a petition under section 19(h) of the Act alleging an increase in disability. That petition was denied and was consolidated with the original case. The circuit court of Morgan County confirmed both decisions of the Industrial Commission. On direct appeal we affirmed the circuit court of Morgan County. Howard v. Industrial Com. (1980), 81 Ill.2d 50.