Lutyens v. State of Illinois — 8 Ill. Ct. Cl. 569

DR. G. B. LUTYENS, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The claimant, a physician, sought payment for medical services rendered to a National Guard private. The court found the services were proper but the bill was submitted after the appropriation had lapsed; nevertheless, an award was recommended based on precedent.

Claim type: Lapsed Appropriation

Cases cited: Meyer vs. State, 5 C. C. R. 330

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

Headnotes

MEDICAL SERVICES RENDERED TO MEMBER OF ILLINOIS NATIONAL GUARD-when award may be made for. Where claimant rendered medical services to member of Illinois National Guard, bill for which is certified by Adjutant General as being correct an award may be made for same.

JOHN M. PFEIFER, for claimant. OTTO KERNER, Attorney General, JOHN KASSERMAN, Assistant Attorney General, for respondent.

MR. JUSTICE LANSCOrr delivered the opinion of the court:

This is a claim filed for medical services rendered to one Everett Poff, a private in Machine Gun Troop, 106th Cavalry, Illinois National Guard, on or about February, 1931, who, while a private in said Machine Gun Troop, was suffering from an injury to the periosteum of the os calcis, and a tenesynovitis.

This claimant is a physician and surgeon and was called to treat private Everett Poff by one Mark Plaisted, Jr., Troop Commander of this Machine Gun Troop.

This claim is for thirteen office calls of $2.00 each, and seven hospital and residence calls of $3.00 each, or a total of $47.00 In a letter dated July 7, 1932 from the Adjutant General it is stated that the statement from the doctor is correct, but that the bill was not submitted until February 9, 1932. Owing to the fact that appropriations are made for biennial periods, the appropriation for the two year period, which included the time during which this service was rendered, expired June 30, 1931 and lapsed as of September 30, 1931. Claims of one biennial period cannot be paid from funds of another period.

It has been held that an award will be made for medical services furnished to a member of the Illinois National Guard while on duty.

Meyer vs. State, 5 C. C. R. 330.

While the declaration does not aver that this private was on duty at the time of the injury, nor does it aver the circumstances under which the injury was sustained, the Adj u[*550]tant General certifies that the statement of the claimant is correct.

We, therefore, recommend an award in the sum of Fortyseven Dollars ($47.00), payable to Dr. G. B. Latyens.