ALVINA BARTH, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
The claimant, widow of Louis Barth, sought workers' compensation benefits after her husband was killed in a work-related accident while employed by the State of Illinois. The court awarded a lump sum of $3,532.48, computed from the total compensation of $3,840.00.
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Headnotes
- WORKMEN'S COMPENSATION ACT-when award may be made under. Where it is undisputed that State employee sustained accidental injuries, causing his death, arising out of and in the course of his employment, while engaged in extra-hazardous employment, an award for compensation may be made to his dependents under provisions of the Act.
Prior to and on the 21st day of July, A. D. 1934, one Louis Barth was employed by the respondent in the maintenance and repair of S. B. I. Route No. 11, in Madison County, Illinois. On the last mentioned date, while working on said road, he was struck by an automobile and thereby sustained accidental injuries which arose out of and in the course of his employment, and which resulted in his death on the same date. [*510]
DEALERS' TRANSPORT COMPANY, A CORPORATION v.
STATE OF ILLINOIS.
Said decedent left him surviving the claimant, his widow, but left no child or children.
Notice of the accident was given and claim for compensation made according to law. Said employee had been in the service of the respondent less than a year, and the average annual earnings of persons in the same class in the same employment and location was Nine Hundred Sixty Dollars ($960.00), per year.
Under the provisions of Section 7-n of the Workmen's Compensation Act, the claimant, as widow of said decedent, is entitled to compensation in the total amount of Thirty-eight Hundred Forty Dollars ($3,840.00), which compensation is payable in weekly installments of Nine Dollars and Twentythree Cents ($9.23), commencing on July 22, 1934. Payment by the respondent in weekly installments, however, is not practicable under existing laws, and it is to the best interests of all parties concerned that the compensation to be paid as aforesaid be commuted to an equivalent lump sum in accordance with the provisions of Section 9 of the Workmen's Compensation Act.
As we compute it, the total amount of compensation to be paid as aforesaid, after commutation to an equivalent lump sum, is Thirty-five Hundred Thirty-two Dollars and Fortyeight Cents ($3,532.48).
It is THEREFORE ORDERED that an award be and the same is hereby entered in favor of the claimant, Albina Barth, for the sum of Thirty-five Hundred Thirty-two Dollars and Fortyeight Cents ($3,532.48).