PERCY WOLFF, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought reinstatement of a previously awarded claim for hospital, doctor, and nurse bills. The court denied the motion, holding that the prior adjudication was final and res judicata, and noting that claimant had already received substantial payments and remained on the state payroll.
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Headnotes
- RES ADJUDICATA-when motion to reinstate claim will be denied. Where
RES ADJUDICATA-when motion to reinstate claim will be denied. Where it clearly appears that claim was fully heard and fairly decided and an award made by the court, such adjudication is final and claim will not again be considered and motion to reinstate will be denied. Per Curiam:
This matter coming on to be heard before the court on a motion to reinstate the claim.
From the files it appears that on May 14, 1931, an opinion was rendered by this court wherein an award in the sum of $2,416.94 for the payment of hospital bills, doctor bills, and nurses bills, was allowed.
Prior to that time claimant had received $1,472.85 in addition for such purposes, making a total of $3,889.79.
The rule of res adjudicata will apply. This is not a harsh rule, particularly in this case, because it appears from the records of the Division of Highways, Department of Public Works and Buildings, that the claimant actually received $175.00 per month from December 1, 1928, the date of his [*9] injuries, to February 13, 1933, and then continued on the State payroll at a salary of $100.00 per month from then until April 17, 1933. The motion for leave to reinstate, will, therefore, be denied.