SHELLY KELLY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant was injured while clearing a state road with a tractor and snow plow. The court found the injury arose out of and in the course of employment in extra hazardous work and awarded $1,100.00 under the Workmen's Compensation Act.

Claim type: Personal Injury Negligence

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON AND CARL I. DIETZ, Assistants Attorney General, for respondent.

PERSONAL INJURY-when award will be made-Workmen's Compensation Act. Where it appears claimant's injury arose out of and in the course of his employment while engaged in work declared to be extra hazardous, an award will be made under the provisions of the Workmen's Compensation Act. FRANK J. AND JAMES T. BURNS, for claimant.

MR. JUSTICE THOMAS delivered the opinion of the court:

On December 24, 1929, claimant was engaged in clearing State Bond Issue Route No. 49 near Kankakee with a tractor and snow plow. His left foot was caught in the machinery and severely injured. As a result of the injury he was required to expend $98.00 for surgical and medical services and to pay a hospital bill of $10.00. He was totally incapacitated for 13 weeks, and partially incapacitated for 135 weeks. His average weekly earnings were $33.00. His injury arose out and in the course of his employment, and he was engaged in work declared extra hazardous by the provisions of the Workmen's Compensation Act. As that Act applies to the State when it is engaged in work declared to be extra hazardous claimant is entitled to recover. Under the evidence in this case he is entitled to an award of $1,100.00. It is therefore ordered that claimant be and he is allowed an award of $1,100.00.