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FENIX-SCISSON CONST. v. INDUSTRIAL COM.

No. 37319.

27 Ill.2d 354 (1963)

189 N.E.2d 268

FENIX-SCISSON CONSTRUCTION COMPANY, Plaintiff in Error, v. THE INDUSTRIAL COMMISSION et al. — (CECIL BIRT, Defendant in Error.)

Supreme Court of Illinois.

Opinion filed March 22, 1963.

Attorney(s) appearing for the Case

WALKER & WILLIAMS, of East St. Louis, (DAVID B. STUTSMAN, of counsel,) for plaintiff in error.

MALCOLM D. DURR, of Alton, for defendant in error.

Reversed; award set aside.

Mr. JUSTICE HOUSE delivered the opinion of the court:

The sole issue here is whether notice of the alleged accident was given to the employer within the 45-day period prescribed by statute.

The facts regarding notice are very brief and largely undisputed. Claimant's great toe was struck on Monday, November 9, 1959, by a heavy board which fell a distance of seven feet. The toe became sore the following Saturday and Sunday...

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