EDWARD J. KELLEY, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought workers' compensation for an injury sustained while employed by the Illinois Emergency Relief Commission, alleging negligent medical treatment led to amputation of his leg. The court sustained the demurrer and dismissed the case, holding that the complaint failed to state a claim under the Workmen's Compensation Act and that the State is immune from liability for negligence in operating a charitable agency as a governmental function.
Statutes cited: Cahill's Revised Statutes, 1933, Chapter 23, Sections 463-467
Cases cited: Hinschsliff vs. State of Illinois, 2 C. C. R. 159; Derby vs. State of Illinois, 7 C. C. R. 145; Hollenbeck, Admx. vs. Winnebago County, 95 Ill. 148; Mincar vs. State Board of Agriculture, 259 Ill. 549; 25 R. C. L., p. 407, sec. 43
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Headnotes
- WORKMEN'S COMPENSATION ACT-claim under-what must be shown. In order to recover compensation it is necessary that the injury complained of be accidental, that it arise out of and in the course of the employment, and that claimant be engaged in employment which is extra hazardous in fact or declared to be under the Act.
- ILLINOIS EMERGENCY RELIEF COMMISSION-a State charitable agency-State not liable for negligence of servants and agents of. Where employee of Illinois Emergency Relief Commission, a State charitable agency suffered loss of limb, alleged to have been caused by negligence of employee of infirmary conducted under its supervision, in administering a chemical, an award will be denied as the State is not liable for the careless or negligent acts of its servants and agents in the performance of governmental functions.
Claimant filed his complaint herein on May 1, 1933 and alleged therein that on the 6th day of July, 1932, he was employed by the Illinois Emergency Relief Commission; that such Commission was created by the Governor and the legislative branch of the State government for the purpose of administering relief; that while so employed by the Illinois Emergency Relief Commission at one of its relief stations, said claimant in the course of his employment became troubled with varicose veins and was sent to the infirmary conducted under the supervision of such Illinois Emergency Relief Commission; that an incompetent employee without any medical training was placed in charge of said infirmary by a Dr. Louis D. Joseph, Medical Supervisor of such Illinois Emergency Relief Commission; that said employee acting under the direction and authority of said Dr. Louis D. Joseph attempted to administer a chemical into the vein of the [*30] claimant, but being unskilled as aforesaid, the chemical was injected into the tissue, and an infection resulted, whereby it became and was necessary to amputate the left leg of the claimant above the knee.
The complaint further alleges that application for adjustment of claim is now pending before the Illinois Industrial Commission, and claimant seeks to recover compensation for sixty-four (64) weeks' temporary total disability, and 190 weeks specific loss, on account of the loss of the use of the left leg, as provided by the Compensation Act.
The Attorney General has filed a general demurrer to the complaint, and the matter now comes before the court on the question as to the sufficiency of such complaint.
Claimant apparently bases his claim upon the provisions of the Workmen's Compensation Act of this State. In order to recover under such Act, it is necessary that the injury in question be an accidental injury; that it arise out of and in the course of his employment; and that he be engaged in some department of a business or enterprise which is declared to be extra-hazardous by Section Three (3) of the Compensation Act.
The complaint alleges that the claimant "in the course of his employment became troubled with varicose veins", but fails to set forth any facts showing an accidental injury or showing that the injury in question arose out of his employment, or that the business or enterprise in which he was engaged was one which is classed as extra-hazardous by Section three (3) of the Compensation Act. It follows, therefore, that the complaint does not state a right of action under the Workmen's Compensation Act.
Furthermore, the Illinois Emergency Relief Commission is a State charitable agency, created by an Act of the General Assembly approved and in force February 6, 1932, Cahill's Revised Statutes, 1933, Chapter 23, Sections 463-467, for the purpose of providing "relief to residents of the State of Illinois, who, by reason of unemployment or otherwise, are destitute and in necessitous circumstances".
In operating and maintaining charitable institutions, the State is exercising a governmental function, and there is no liability on the part of the State for the careless or negligent acts of its servants and agents in the performance of governmental functions. (Hinschsliff vs. State of Illinois, 2 C. C. R. [*31] 159; Derby vs. State of Illinois, 7 C. C. R. 145; Hollenbeck, Admx. vs. Winnebago County, 95 Ill. 148; Mincar vs. State Board of Agriculture, 259 Ill. 549; 25 R. C. L., p. 407, sec. 43.)
It is THEREFORE ORDERED that the demurrer to the complaint be sustained, and for the reasons last above stated, the case is dismissed.