Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 1.

Payment of $33.00 Advised.

SAM MORRISON, Claimant vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed June 8, 1936.

STATEMENT OF FACTS.

Sam Morrison, Sr., 3513 Marion Avenue, Belleville, Illinois, claims to have sustained an injury on January 7, 1935, to the fourth finger on his left hand while working as a laborer on Project No. 281-B15-25. The project consisted of cleaning sewers, grading and filling flying fields, repairing fences, roads and drainage ditches. Work was to begin on July 15, 1934, and be completed by December 1, 1935. The project completed cost $32,876; of this sum, $25,748.03 was furnished by the Illinois Emergency Relief Commission, the remaining sum was supplied by the United States Army. The project was approved by A. R. Lord, State's Administrator of Work Relief, who represented the Illinois Emergency Relief Commission, and Lieutenant Colonel Frank M. Kennedy, who was commanding officer at Scott Field.

Sam Morrison, Sr., informed Mr. L. Woombacher, superintendent at Scott Field, on January 8, 1935, that he had sustained an injury to his fourth finger on the left hand while he was using his axe to clear away some of the under-growth and shrubbery which had grown along the fence. His axe became tangled in the branches of a small tree and as are[*547]sult he was pitched forward and struck his left hand on a fence post.

Mr. Herman Schmidt, 12 East C Street, Belleville, Illinois, a co-worker, witnessed the accident; in fact, Mr.

Schmidt suggested that Mr. Morrison, Sr. go to the infirmary for first aid. A statement of what Mr. Schmidt witnessed is attached to this file. (See Exhibit No. 1.)

Examination of the medical records at Scott Field was made. The record shows that on January 7, 1935, the claimant was given first aid treatment for his injury by Captain Goyle; further, that an X-ray picture was taken of the left hand on the day aforesaid. The X-ray picture failed to show any injury to the bones of said hand, although the X-ray picture did show that the claimant was suffering from an arthritis condition. This condition had been present for sometime prior to the accident. After the first aid treatment was administered, the claimant returned to work and continued to work until his work relief assignment was completed. (See

Exhibit No. 2.)

Dr. Zipin, Belleville, Illinois, was interviewed because he had rendered what medical care was deemed necessary in the case after first aid treatment had been rendered. Dr. Zipin stated that the treatment consisted of infra red ray lamp treatments; further, that at this time he felt that the claimant had a permanent disability of about 15 per cent. (See

Exhibit No. 3.)

The claimant was taken to Dr. A. B. McQuillan's office at the First National Bank, East St. Louis, Illinois. At this time an examination was made of the fourth finger of the left hand. A copy of the medical examination is attached. Dr.

McQuillan also found a 15 per cent total disability of the little finger of the left hand. (See Exhibit No. 4.)

The claimant was also taken to Dr. Wendall Stewart, Murphy Building, East St. Louis, Illinois. X-ray pictures were taken of the left hand. A copy of Dr. Stewart's report is attached. (See Exhibit No. 5.)

The St. Clair County Emergency Relief Committee's records were examined. The records show that for the month of January, 1935, Mr. Morrison, Sr., was assigned to work six hours per day for four days at sixty cents per hour. This particular assignment which the claimant was working on [*548] when injured was completed on January 8 so the claimant lost no time as the result of his injury. (See Exhibit No. 6.)

The accident which has heretofore been described was in the course of and arose out of Mr. Morrison's employment.

Section 8, Sub-section 5, Workmen's Compensation Act of the State of Illinois: "For the loss of the fourth finger, commonly called the little finger, or the permanent and complete loss of its use, fifty per centum of the average wage during twenty weeks."

The medical examination and doctor's reports show that Sam Morrison, Sr. has a 15 per cent permanent and complete loss of the fourth finger; further, at the time of the accident, Sam Morrison, Sr. had one child under sixteen years of age.

ADVISORY OPINION.

Per Curiam: Based upon the foregoing statement of facts, and pursuant to the provisions of the Workmen's Compensation Act of this State, we are of the opinion that the claimant is entitled to receive the sum of Thirty Three Dollars ($33.00) from any funds held by the Illinois Emergency Relief Commission for the payment of such claims.