NED ODOM, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought compensation under the Workmen's Compensation Act for accidental injuries to his ankle. The court dismissed the claim because the complaint lacked allegations and proof that the employment was extra-hazardous or that the claim was timely filed.

Claim type: Personal Injury Negligence

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

Headnotes

WORKMEN'S COMPENSATION ACT-pleading-what must be shown. Before a claimant is entitled to an award for compensation he must show, among other things that he is engaged in some department of an enterprise which is extra-hazardous in fact or which is so declared by the Act, and, if no compensation has been received for the injury claimed, that he made claim for same within the time provided by the Act and if complaint fails to contain such allegations claim must be dismissed.

JEROME R. FINKLE, for claimant. OTTO KERNER, Attorney General; JOHN KASSERMAN, Assistant Attorney General, for respondent.

Mr. CHIEF JUSTICE HOLLAND delivered the opinion of the court:

[*533] Prior to and on the 16th day of October, A. D. 1932 claimant was employed by respondent as a poultryman at the Lincoln State School and Colony at Lincoln, Illinois. On the last mentioned date he sustained accidental injuries which he claims arose out of and in the course of his duties, and which he claims resulted in the permanent loss of 35% of the use of the right ankle or foot. Claim is made for compensation under the terms and provisions of the Workmen's Compensation Act.

Before a claimant is entitled to an award under such Act, he must show, among other things, that he is engaged in some department of an enterprise or business which is extra-hazardous in fact, or which is declared to be extra-hazardous by the provisions of Section 3 of the Workmen's Compensation Act, and must also show a compliance with the requirements of Section 24 of such Act relative to making claim for compensation within six months after the accident.

The complaint filed by the claimant does not contain any allegations with reference to such matters, and there is no proof in the record concerning the same.

Under the present state of the record, the case must be dismissed.