*1 (No. 4846 7 IRRIGATION, INC.,

ILLINOIS VALLEY Appellant, al.—(Lois et THE COMMISSION be INDUSTRIAL Bam rger, Appellee.)

Opinion April filed *2 CLARK, J., dissenting. Ñoetzel, of

Bayler Mitchell, Peoria E. of (John for counsel), appellant. Grosboll, Tice, Becker & of

Knuppel', Petersburg L. Grosboll, E. (John Knuppel for counsel), John appellees.

MR. CHIEF WARD delivered JUSTICE the court:

In Lois petitioner, Bamberger, behalf of children, herself and two minor filed a claim under the Workmen’s Act Rev. Stat. Compensation (Ill. ch. 138.1 et with par. seq.) husband, to recover for the death of her John K. who had been Bamberger, employed by respondent, Illinois record Valley does not Irrigation Corporation. (The disclose the reasons for the unusual in the delay comple tion of to this An proceedings prior appeal court.) arbitrator’s decision her claim was reversed denying Commission, and the circuit court of Peoria confirmed the Commission’s County award. respond ent has to this court under our appealed directly Rule R. 302(a)(2). 302 (a)(2). 25, 1970, and a co- Monday, May

worker drove from Havana to a in Woodstock. jobsite *3 had been They a section of under- assigned replace iron with and to ground plastic irrigation pipe pipe on an replace pivot drove points irrigation system. They trucks, 8-inch-diameter, loaded with separate pickup 12- iron which foot. gauge pipe, weighed pounds per running Four 20-foot this were on a rack lengths pipe hung trucks, above the bed of the feet above 6V2 approximately Other 10-foot sections of and four ground. pipe pivot each 60 to 90 were on the points, weighing beds pounds, of the trucks. The two men arrived at at the 12:30 p.m. farm where the work was to be done and unloaded the materials hand. It was a and the sunny day temperature was in the low 80’s. It took them 1 hour and 15 minutes to unload the trucks.

After materials two went to the unloading motel in where Woodstock were washed and they staying, then went out and nine holes of After played golf. playing, of “not too and of Bamberger complained good” chair, That he in a “indigestion.” night slept complaining he could not down because of the sleep lying “indiges- tion.”

On and his went Tuesday morning Bamberger partner to the farm to install the and in a trench pipe pivot points 4 feet below the While the co-worker was in the ground.

trench, would lower the and Bamberger pipes pivot points into it. He would then enter the trench and help align the materials. was also and adjusting operating various valves and on the sprinklers irrigation system.

Twice in and once the afternoon he during morning rested and for brief complained indigestion periods. in a chair

slept again night. On assisted his co-worker in Wednesday, Bamberger and materials in the trenches and aligning worked pipes the valves on the He also drove to system. another farm 8-inch, picked up pieces 12-gauge pipe brought them to the work site. During again complained several times of and several times he had to “indigestion” sit down and rest.

That night, May Bamberger experienced difficulty in and went to Memorial Woodstock, breathing Hospital where he was admitted to the intensive care unit. He told there, Dr. that he physician had been in Ray Pensinger, excellent health until he had a shortness of developed breath on the course two earlier. The initial golf days infarction, was a diagnosis myocardial but after numerous tests were conducted the on his from diagnosis discharge was heart cause, disease of hospital unknown mani- fested heart failure. There was congestive also a of ventricular diagnosis or extrasystolies, premature additional contractions of the heart. 14, discharged

Memorial and came under the care of Dr. Donald *4 Stehr, his family Dr. Stehr physician.

examined him and found no abnormal He later symptoms. referred to a Dr. Warren, cardiologist, Harry who no abnormalities reported ventricular except However, “I’m not concluded:

extrasystolies. report feel that he must had. I would what this man really sure as such.” and I would treat him have had a mild coronary duties in his did not any perform physical from Memorial the date of discharge employment He was in the office a the date of his death. calls and did hours a and made telephone couple he died suddenly work. On clerical July The cause of a baseball little league game. announcing due to acute as edema pulmonary reported failure. myocardial Dr. the arbitrator

At before Pensinger hearing could have been that there testified for the petitioner work on relation irrigation between Bamberger’s at of ill Memorial and his condition Hospital. being system a causal relation also could be He stated that Dr. death on Stehr and his between the work July Dr. same effect. to the testified substantially have that he not Bamberger’s Stehr stated approved might such a baseball activity, as an announcer at game, serving a heart condition said, was not likely bring both On cross-examination an one. existing aggravate testified that exertion was doctors required condition, that of heart but about bring Bamberger’s type have to it. contributed certainly may Parker, for the Dr. as witness respondent, George that in his to a testified in response hypothetical question there was no causal Bamberger’s death. heart which resulted condition arterio- had suffered from stated that Bamberger arteries and that his work had sclerosis of coronary the disease. to the unrelated been development that the decision of Indus- contends Respondent out of and that death arose trial to the manifest in the course of is contrary employment contention it In of this of the evidence. support arbitrator’s decision an should be argues given

239 the Commission where especially denying compensation, here. evidence, as was the case new does not consider an arbitrator the Commis a decision of In reviewing and is exercises and not jurisdiction sion appellate original v. Industrial the not bound arbitrator’s by findings. (Wirth the Com., 237, is true whether or not Ill. This 63 2d 241.) on review. As evidence Commission considers additional v. & was stated in American Refining Corp. Smelting 275, Com., “The arbitrator Industrial 13 Ill. 279-80: 2d the Commission drew and Industrial diametrically opposite the medical inferences and conclusions from testimony. hears the of whether commission testimony

Regardless arbitrator, it exercises an to that heard the additional by and is in no bound way original jurisdiction the arbitrator and the Com arbitrator’s When findings.” conclusions, a court will not mission reach different unless it is to overturn Commission’s decision contrary v. of the evidence. Industrial Esposito Com., 305, Ill. 12 2d failed to respondent argues petitioner a causal relation between

prove work on the It that his death while says irrigation system. than a baseball which occurred more

announcing game, five weeks after he was from the hospital, discharged unrelated to his totally employment.

Whether an arises out of and in the course of injury is a of fact to be determined by employment question Commission, Industrial which is make reasonable the evidence. inferences and draw conclusions Com., Ill. 61 2d (Warren 376.) review, a court inferences drawn will reject permissible inferences Commission because different might drawn, its have been nor will substitute reasonably for that of the Commission unless findings judgment of the evidence. Health are manifest Cook County & Governing Hospitals Com., not die until two months after That did the cardiac incident does not reversal of the require if it be inferred Commission’s decision could reasonably stress that there was a Line of his and the In Sohio Co. v. injury. Pipe Com., the claimant suffered a heart attack on his off. On the he had day previous bad” in strenuous work just engaged “got time. In the Commission’s award before affirming quitting *6 the ultimate this court stated: fact that manifesta “[T]he the is of the does not occur1while tion employee injury his duties does not in the of actually engaged performance he was a that the began finding impairment preclude 147, 152; accord, v. at Ill. Andronaco work.” 63 2d Com., 50 Ill. 2d Too, have had an arteriosclerotic that Bamberger may condition or even cardiac condition May prior itself an award of would of compen preclude that the This court has held that evidence sation. employee not render an have a heart condition does may preexisting the award of manifest against weight compensation evidence, have where the Commission may legitimately the evidence that occupa inferred from employee’s in his a causative factor tional was accelerating activity 33, 37; Com., 57 Ill. death. Cossident 2d 123, 127; Com., v. Industrial Board Education 2d Com., 37 Ill. v. Industrial Rock Road Construction Co. 123, 127-28. cardiac first manifested

Here symptoms in He had been strenuous work in warm weather. following two to that time. health During following good prior ill and several times of of work he days complained Then he had an forced to rest. emergency hospitaliza- was a heart that he had had was tion and the diagnosis normal activities. Two resumed his condition. never testified that there had treated who physicians work, as we have be could

241 described, his illness and death. respond Although that in his witness testified ent’s physician relation, clear our make was no causal holdings as to medical where there was testimony conflicting which causation, to determine it was for Co. to be was testimony accepted. Pathfinder Com., 556, 567-68; Moore v. Industrial Com., Ill. 2d we that the Commis-

Based on this record conclude strenu- have found that Bamberger’s sion could reasonably We a causative factor his death. ous work activities were cannot that its say finding against evidence.

For reasons of the circuit given, judgment court is of Peoria affirmed. County

Judgment affirmed.

MR. CLARK, dissenting: JUSTICE

I would reverse. The Industrial Commission’s over of the turning arbitrator’s decision was to the manifest of the evidence. it is true that the Commission is not bound an arbitrator’s findings, an “arbitrator’s decision is not without effect and can legal *7 be relied to reverse upon” the Commission when its decision is “against of the evidence.” (Lewandowski Com. 204, (1969), See 206-07. Quick Industrial Com. (1972), The reason for 46.) this is that the arbitrator is “in a better to position evaluate” a than is petitioner Commission or the 204, court. 44 Ill. 2d

The evidence does not establish that clearly decedent’s death arose within the course of his employ- ment with Illinois It is Valley. at best. ambiguous Decedent as the showed, coroner’s Bamberger, suffered from report coronary artery the medical insufficiency. testi- indicated mony that exact causes of coronary congestion such as suffered are known, was

no emphatic unequivocal support given petition- from within er’s that the death resulted injuries argument Indeed, two doctors who scope employment. wife, for testified the decedent’s said only petitioner, could have resulted activities within the injuries Illinois respondent Valley’s employment; scope medicine, witness, internal medical testified specialist was unrelated his work. that decdent n well after of not only Bamberger complained 25, 1970, on and was two days game May hospitalized golf later, the later. weeks two Upon discharge, diagnosis that he had or additional contractions of the premature his death his release from heart. Between hospital he activities at no July performed advice of his announced a work. physician, Against little died announcing. league game. and the affirmation of the

The decision the arbitrator’s were the circuit court the evidence in and the manifest my decision death and view. A causal connection between Bamberger’s has not been established. (No. 4858 1 v. CHARLES LAWRENCE

CALVIN JOHNSON, Appellee, JOHN Aid, of Public LYN Department ( CH.— Appellant.)

Opinion April filed