{
  "id": 3114789,
  "name": "QUINCY BROWN, Appellant, v. THE INDUSTRIAL COMMISSION et al. (Ferris Steel Company, Appellee)",
  "name_abbreviation": "Brown v. Industrial Commission",
  "decision_date": "1983-05-18",
  "docket_number": "No. 56902",
  "first_page": "228",
  "last_page": "231",
  "citations": [
    {
      "type": "official",
      "cite": "96 Ill. 2d 228"
    }
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  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
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  "jurisdiction": {
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    "name_long": "Illinois",
    "name": "Ill."
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  "cites_to": [
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      "cite": "95 Ill. 2d 297",
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      "reporter": "Ill. 2d",
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      "category": "reporters:state",
      "reporter": "Ill. 2d",
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  "last_updated": "2023-07-14T20:31:41.894296+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "QUINCY BROWN, Appellant, v. THE INDUSTRIAL COMMISSION et al. (Ferris Steel Company, Appellee)."
    ],
    "opinions": [
      {
        "text": "JUSTICE GOLDENHERSH\ndelivered the opinion of the court:\nThe Industrial Commission awarded petitioner, Quincy Brown, compensation for the permanent loss of the use of 15% of his left foot for injuries sustained while in the employ of respondent, Ferris Steel Company. Petitioner subsequently filed a petition for review of the award under section 19(h) of the Workmen\u2019s Compensation Act (Ill. Rev. Stat. 1973, ch. 48, par. 138.19(h)), and the Industrial Commission found that petitioner had permanently lost 25% of the use of his left leg. Petitioner filed a second 19(h) petition, and following a hearing the Industrial Commission increased the award to 55%. On certiorari to the circuit court of Cook County, the Commission\u2019s decision was confirmed. Petitioner appealed to this court. 87 Ill. 2d R. 302(a).\nThe medical testimony adduced at the hearing on the second 19(h) petition was conflicting, and pursuant to section 19(c) of the Act (Ill. Rev. Stat. 1973, ch. 48, par. 138.19(c)), the Commission ordered an impartial medical examination. Dr. Irwin Rich examined petitioner, and in his evidence deposition testified concerning findings made during his examination.\nAlthough there is no such statement in Dr. Rich\u2019s deposition and the record contains no report from him, the Commission\u2019s decision states:\n\u201cDr. Rich\u2019s impression was that Petitioner had a non-functioning triceps muscle of the left calf following laceration of the achilles tendon, with secondary atrophy of calf muscles, stiffness of ankle, and reflex sympathetic dystrophy of the left foot. Dr. Rich stated Petitioner was permanently disabled from work requiring anything but minimal standing and walking, and that Petitioner cannot climb, squat, kneel, run, or walk briskly.\u201d\nThe Industrial Commission found that petitioner\u2019s disability in his left ankle had increased to 55%. The Commission, citing A.M.T.C. of Illinois, Inc. v. Industrial Com. (1979), 77 Ill. 2d 482, ruled that since petitioner admitted that he had not looked for work and had failed to demonstrate that work was not available for someone with his disability, petitioner \u201cfailed to prove he was unable to return to work.\u201d Noting that Dr. Rich had indicated that petitioner could perform some type of sedentary labor, the Commission declined to award petitioner permanent and total disability.\nPetitioner\u2019s pro se brief is somewhat unusual in form. Petitioner presents the issues for review as follows:\n\u201cComplete industrial loss of left foot.\nDisfigurement of left leg.\nTriple benefits.\u201d\nAlthough these issues, as presented, are somewhat vague, reference to the record in this case, and particularly petitioner\u2019s pro se arguments before the circuit court, clarifies the legal arguments which petitioner is apparently attempting to present to this court.\nPetitioner\u2019s notice of appeal indicates that petitioner wishes to be excepted from \u201cmaking a reasonable effort of looking for work for which I may be able to do.\u201d The notice of appeal also indicates that petitioner is seeking an award for the \u201ccomplete industrial loss of left foot.\u201d The report of proceedings before the circuit court indicates that petitioner is not contending that the finding that he had lost 55% of the use of his left leg was against the manifest weight of the evidence. Rather, petitioner\u2019s contention is that a laborer who is 55% disabled should be classified as unemployable. The problem, however, as noted by the Industrial Commission, is not whether petitioner is able to find work as a laborer, but whether petitioner proved that \u201cno employment is available for a person with his disability.\u201d (Intercraft Industries Corp. v. Industrial Com. (1983), 95 Ill. 2d 297, 300.) The only situation where a petitioner is excused from showing his unemployability is where it is obvious that the claimant\u2019s injury renders him unemployable. (95 Ill. 2d 297, 300.) This record does not demonstrate petitioner\u2019s obvious unemployability.\nPetitioner also asks for \u201ctriple benefits.\u201d Petitioner cites no statutory authority providing for \u201ctriple benefits,\u201d and we are not aware of any such remedy. Also, we are unable to determine how any issue concerning \u201cdisfigurement\u201d arises from the facts of this case.\nThe judgment of the circuit court of Cook County is affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "JUSTICE GOLDENHERSH"
      }
    ],
    "attorneys": [
      "Quincy Brown, of Chicago, pro se.",
      "Van Duzer, Gershon, Jordan & Petersen, of Chicago (Horace W. Jordan and Garry J. Giertuga, of counsel), for appellee."
    ],
    "corrections": "",
    "head_matter": "(No. 56902.\nQUINCY BROWN, Appellant, v. THE INDUSTRIAL COMMISSION et al. (Ferris Steel Company, Appellee).\nOpinion filed May 18, 1983.\nQuincy Brown, of Chicago, pro se.\nVan Duzer, Gershon, Jordan & Petersen, of Chicago (Horace W. Jordan and Garry J. Giertuga, of counsel), for appellee."
  },
  "file_name": "0228-01",
  "first_page_order": 240,
  "last_page_order": 243
}