JAMES S. WHITEHEAD, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought $1,500 for injuries sustained when attacked by an inmate while working as an attendant at Alton State Hospital. The court dismissed the claim for lack of jurisdiction because the claim was not filed within the time limits required by the Workmen's Compensation Act.
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Headnotes
- WORKMEN'S COMPENSATION ACT-when motion to dismiss claim under will be dismissed. Making demand for compensation and filing application for same within the time provided by Act is a condition precedent, without which the court is without jurisdiction to proceed with hearing and motion to dismiss will be sustained.
This is a claim filed by petitioner under representation that he was employed as an attendant at the Alton State Hospital, Alton, Illinois on the 12th day of April, 1931; that while so employed, at said date, he was injured by one of the inmates who attacked claimant with a knife, inflicting various wounds. Claimant was confined for six and onehalf days at the Alton State Hospital, and was given medical attention during that time by the State. He continued in the employ of the State and was still so employed at the filing of his petition on June 6, 1932.
The claim as now filed is for extreme suffering incurred during the attack and while claimant was recuperating there[*49]from, and because of the disfigurement of claimant's face, all in the amount of Fifteen Hundred Dollars ($1,500.00).
Motion was filed by the Attorney General to dismiss the claim for want of jurisdiction of this court, the grounds of such motion being that the declaration fails to show any demand having been made for compensation within six months after the date of injury, and that the application for compensation was not filed within one year from the date thereof. The claim, if any, under the facts stated, would be under the Workmen's Compensation Act, and the motion of the Attorney General to the jurisdiction under said Act being well pleaded, such motion is allowed and the claim denied.
Case dismissed.