154 N.E. 412 | Ill. | 1926
Defendant in error, Paul Molner, an employee of plaintiff in error, filed his claim under the Workmen's Compensation act with the Industrial Commission for compensation *90 on account of injuries received by him arising out of and in the course of his employment. A hearing was had before an arbitrator, who awarded compensation in the sum of $17 per week for 31-3/7 weeks for the period of temporary total incapacity. Plaintiff in error within the time prescribed by law filed its petition for a review, and a hearing was set by the Industrial Commission for February 19, 1925. On January 14, 1925, plaintiff in error filed a written motion with the commission to dismiss its petition for review, and on February 19, 1925, upon a hearing before the commission, before any other proceedings were had, renewed its motion to dismiss its petition. It was stipulated upon the hearing of this motion that Molner did not know, within the statutory period within which a petition for review might be filed, whether or not plaintiff in error had filed a petition for review; that Molner had not filed a petition for review and that he was in no way influenced by the action of plaintiff in error in filing a petition for review. The commission, after overruling plaintiff in error's motion to dismiss its petition for review, proceeded to a hearing, plaintiff in error not participating, and then entered an award for permanent total disability in the sum of $17 per week for 250 weeks and thereafter a pension for life in the sum of $28.33 per month. Upon certiorari the circuit court affirmed the award of the Industrial Commission, and by leave of this court the record is now here for review upon writ of error.
The material question involved in this case is whether or not plaintiff in error had a legal right to dismiss its petition for review upon the filing of the written motion to dismiss prior to the hearing on review, and upon the renewal of the motion at the hearing before any other proceedings were had, where it appeared that its action in filing its petition for review did not in any way prejudice or influence defendant in error or cause him to not file a petition for review. *91
While the Industrial Commission is not a judicial body and performs no judicial functions, (Savoy Hotel Co. v. IndustrialBoard,
The judgment of the circuit court is reversed and the cause remanded to the Industrial Commission, with directions to dismiss the petition for review.
Reversed and remanded, with directions. *93