Appeal from the Circuit Court of Cook County; the Hon. Arthur
L. Dunne, Judge, presiding.
MR. CHIEF JUSTICE WARD DELIVERED THE OPINION OF THE COURT:
The only questions on this appeal are whether the Industrial Commission's findings that the petitioner-claimant, Manuel Gallegos, suffered an accidental injury arising out of and in the course of his employment traceable to a definite time, place and cause and that the claimant notified his employer of the accident within 45 days of its occurrence were contrary to the manifest weight of the evidence. The arbitrator denied the claim, but the Commission, after hearing further evidence, reversed his decision. The circuit court of Cook County affirmed the Commission's finding, and the respondent-employer, Thrall Car Manufacturing Co., appealed directly to this court. Ill. Rev. Stat. 1973, ch. 110A, par. 302(a).
The claimant is Spanish speaking, and it is apparent from the record that he has difficulty understanding and speaking English. He testified that in October of 1972 he was employed by Thrall as a machine operator and that it was his job to pass a 140- to 160-pound piece of steel through a machine which punched the steel into one-inch pieces. He stated that on October 25, 1972, he injured his left knee while handling a piece of steel.
"[MR. FLAVIN (counsel for claimant)]:
Q. What were you doing then?
A. Oh, this piece too long, and I hold it this way and coming back to this piece, I got the piece on the floor and I throw it this way. I don't like to lose this piece of steel, so was throwing two pieces, and coming back.
A. Well, too hard on me, and then I go to report it to the nurse, because it come hard on my knee.
When you were stepping back with this piece of steel, tell us what happened?
A. Well, it coming this way, coming back and rolled to my knee, the piece (indicating).
Q. What were you doing with the ...