ILLINOIS EMERGENCY RELIEF COMMISSION, No. 5. Payment of $130.76 advised. FAYE WILLERTON BROCKSON, Claimant, v. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.
Case summary
Claimant, a caseworker for the Champaign County Emergency Relief Committee, injured her left ankle while investigating a relief recipient's eviction. The court found the accident arose out of and in the course of employment under the Workmen's Compensation Act and awarded $130.70 for medical expenses.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
ILLINOIS EMERGENCY RELIEF COMMISSION, No. 5.
Payment of $130.76 advised.
FAYE WILLERTON BROCKSON, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.
Opinion filed January 13, 1937.
STATEMENT OF FACTS.
Faye Willerton Brockson, 306 South Washington Street, Farmer City, Illinois, formerly of Champaign, Illinois, claims that on the 23rd day of October, 1934, she sustained an injury to her left ankle while investigating the needs of a relief recipient for the Champaign County Emergency Relief Committee. Said relief committee was under the jurisdiction and control of the Illinois Emergency Relief Commission.
Mrs. Brockson was employed by the Champaign County Emergency Relief Committee as a caseworker. The duties of a caseworker are to contact families and investigate their needs as to health, employment, and the use of work relief [*561] money, and also to investigate the receipts and expenditures of drought relief loans, finding pastures for government cattle, delivering clothing and surplus commodities. Claimant, on the day heretofore mentioned, was directed by Frances Gugenheim, her superior, who was also employed by the Champaign County Emergency Relief Committee, to go to the residence of one William H. Reinhold, at 902 East Illinois Street, Urbana, Illinois, for the purpose of rendering assistance to the said William H. Reinhold and his family, information having been received by the relief office that the said William H. Reinhold and his family were being evicted from the dwelling house they then occupied. At the direction of said Frances Gugenheim, the claimant, at about 10:30 o'clock in the forenoon, went to the residence of the said William H. Reinhold, and at the time of her arrival, one R. M. Neely, a constable of Champaign County, Illinois, was attempting to evict the said William H. Reinhold and his family from said dwelling house. Claimant was on the back porch of the dwelling house and was conversing with the said William H. Reinhold, who was then inside the dwelling house and was facing the claimant through the door opening, only the screen door being closed. Said William H. Reinhold then held a butcher knife in his hand and made threatening motions toward the claimant. Said R. M. Neely, constable, during such conversation or attempted conversation, grappled with the said William H. Reinhold from behind. Both the said Mr. Neely and the said Mr. Reinhold fell through the screen door and were wrestling upon the porch. The said Mr. Neely called to the claimant to jump or get off the porch. Claimant being unable to get to the entrance of the porch because of being blocked by the heretofore mentioned men jumped or vaulted over the railing around the porch and upon striking the ground injured her left ankle.
Claimant's injury became exceedingly painful so she was taken to Dr. Opal E. Coffey in Champaign, Illinois, for examination and treatment. Statement from Dr. Coffey has been secured (see Exhibit 1). Claimant was taken to the Burnham Hospital, Champaign, Illinois, for X-rays and later treated by the following doctors: Dr. H. M. Sheaff, Oak Park, Illinois; Dr. H. E. Swantz, Oak Park, Illinois; and Dr. R. I. French, Chicago, Illinois. Claimant also received care at the [*561] 362 BROOKSON v. ILLINOIS EMERGENCY RELIEF COMMISSION.
Carle Hospital Clinic, Champaign, Illinois, and the West Suburban Hospital, Oak Park, Illinois.
Constable Robert Neely, 402 South Johnson Street, Urbana, Illinois, was interviewed. He stated that he was merely carrying out the duties that were assigned to him in evicting the said William H. Reinhold (see Exhibit 2).
Mr. Ralph Nesmith, 310 North Carson Street, Champaign, Illinois, formerly employed by the Champaign County Emergency Relief Committee, stated that he was present when the altercation took place between Constable Neely and Mr. Reinhold and further witnessed the accident which claimant sustained (see Exhibit 3).
William H. Reinhold, formerly of 105 Cottage Grove, Urbana, Illinois stated that on the 23rd day of October, 1934, he was being evicted by the said Constable Robert Neely when claimant and Mr. Ralph Nesmith appeared at the rear door of his house (see Exhibit 4).
Section 3 of the Workmen's Compensation Act of the State of Illinois provides: "The provisions of this Act hereinafter following shall apply automatically and without election to the State, county, city, town, township, incorporated village or school district, body politic or municipal corporation, and to all employers and all their employees, engaged in any department of the following enterprises or businesses which are declared to be extra hazardous, namely * * *" Section 3, subsection 8, of the Workmen's Compensation Act of the State of Illinois provides: "In any enterprise in which statutory or municipal ordinance regulations are now or shall hereafter be imposed for the regulating, guarding, use or the placing of machinery or appliances or for the protection and safeguarding of the employees or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra hazardous * * *" Records of the Illinois Emergency Relief Commission show that from September, 1933, to and inclusive of September, 1936, there have been 344 disorderly conduct and assault and battery cases involving caseworkers in the employment of the Illinois Emergency Relief Commission. Said assaults were perpetrated by relief recipients while investigators were trying to investigate whether or not these individuals were eligible for relief. Of the above number, 328 were prosecuted in the criminal courts throughout the State. Of said number, 215 were found guilty of the charges heretofore alleged and [*563] :35 of said number were found not guilty; 43 of said number were dismissed and 31 of said number were dismissed for want of prosecution; 3 of said number were discharged and then sent to psychopathic hospitals and one individual was committed directly to a psychopathic hospital.
Section 8, subsection (a), of the Workmen's Compensation Act of the State of Illinois provides: "The employer shall provide the necessary first aid medical and surgical services, and all necessary medical, surgical and hospital services therefor, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury * * *" As a result of the accident, the claimant was obliged to pay the following amounts: 10/23/34-Dr. Opal E. Coffey, Champaign-Treatment and dressing $2.00 10/26/34-Dr. Opal E. Coffey, Champaign-Treatment and dressing -home ..................................................... 2.50 10/29/34-Dr. Opal E. Coffey, Champaign-Treatment and dressing 2.00 11/1/34-Dr. Opal E. Coffey, Champaign-Treatment and dressing 2.00 11/5/34-Dr. Opal E. Coffey, Champaign-Treatment and dressing 2.00 11/8/34-Dr. Opal E. Coffey, Champaign-Treatment and dressing 2.00 11/13/34-Dr. Opal E. Coffey, Champaign-Treatment and dressing 2.00 11/17/34-Dr. Opal E. Coffey, Champaign-Treatment and dressing 2.00 11/23/34-Dr. Opal E. Coffey, Champaign-Treatment and dressing 2.00 12/1/34-Dr. Opal E. Coffey, Champaign-Treatment and dressing 2.00 -Drayage on crutches ..................................... .50 1/3/35-Burnham Hospital, Champaign-X-rays................ 3.50 1/9/35-Dr. H. M. Sheaff, Oak Park-House call............. 6.00 1/16/35-Dr. R. L. French, Chicago-X-rays................. 5.00 1/17/35-Dr. H. M. Sheaff, Oak Park-Office call........... 5.00 1/24/35-Dr. H. M. Sheaff, Oak Park-Office call........... 3.00 1/27/35-Dr. H. M. Sheaff, Oak Park-Office call........... 3.00 1/29/35-Dr. H. M. Sheaff, Oak Park-Office call........... 3.00 2/2/35-Carle Hospital Clinic, Champaign-General examination and X-rays ............................................... 35.00 2/5/35-Carle Hospital Clinic, Champaign-Crutches and cane.. 5.50 2/8/35-Sholem Shoe Store-2 pairs shoes................... 10.20 2/27/35-Carle Hospital Clinic, Champaign-Office call...... 2.00 2/29/35-Carle Hospital Clinic, Champaign-Office call...... 2.00 3/2/35-Carle Hospital Clinic, Champaign-Office call....... 2.00 4/10/35-Carle Hospital Clinic, Champaign-Office call...... 2.00 4/30/35-Carle Hospital Clinic, Champaign-Physiotherapy.... 2.00 7/1/35-West Suburban Hospital, Oak Park-X-rays........... 7.50 7/1/35-Dr. H. E. Swantz, Oak Park-Office call............ 3.00 7/3/35-Carle Hospital Clinic, Champaign-Office call....... 2.00 7/8/35-Carle Hospital Clinic, Champaign-Office call....... 2.00 Total .................................................... $130.70 [*564] Notice of claimant's accident was received by Frances Gingenheim the same day it happened. Demand for compensation was made by filing a claim in the Court of Claims within six months after the accident. Accident arose out of, and was in the course of, claimant's employment. Said claim is known as Faye Willerton Brookson vs. State of Illinois, No. 2586.
Claimant has agreed to dismiss the claim now pending before the Court of Claims upon the payment of medical bills.
There is no demand for temporary total or permanent total disability. Hospital, medical and doctors' bills have been examined and found to be reasonable for the services rendered.
Claimant has filed a petition in the Court of Claims asking that the case of Faye Willerton Brookson vs. State of Illinois, No. 2586, be dismissed.
AMENDMENT TO STATEMENT OF FACTS.
Illinois Legislators on or about the 6th day of February, 1932 created the Illinois Emergency Relief Commission.
Chapter 23, Section 464 of the Illinois Revised Statutes, 1935 edition sets out the duties of said Commission which are as follows:
"It shall be the duty of the commission until (March 1, 1937), to provide relief to residents of the State of Illinois, who, by reason of unemployment or otherwise, are destitute and in necessitous circumstances. Such relief shall be provided by distributing funds or supplies and by any other means deemed desirable by the commission. For the purpose of carrying out the provisions of this Act, the commission may make use of and cooperate with counties, townships, and any other municipal corporations charged by law with the duty of poor relief and with other local relief agencies."
The Illinois Emergency Relief Commission has created many Departments within itself since its creation, through which relief is administered, such as Maintenance Departments, furniture shops, mattress factories, canneries and work relief divisions, and other Divisions or Departments too numerous to mention. Said Maintenance Department has charge of maintenance work in all buildings operated by the Illinois Emergency Relief Commission. Said work includes carpentering, plumbing, janitor service, engineering and fireman work. Said furniture shop manufactures furniture which is used in relief offices throughout the State. Said mattress factories manufacture mattresses for relief recipi[*565]outs and for shelters operated by the Illinois Emergency Relief Commission. Said canneries preserve vegetables and fruits which have been grown by relief recipients on Illinois Emergency Relief Commission soil. Said work relief divisions furnish men to the State Highway Department, counties, townships, cities and parks for general maintenance work. All the above enterprises use sharp-edged cutting tools such as saws, chisels, mattocks and axes. Said buildings operate electrical motors, elevators and boilers which are governed by municipal ordinances.
Advisory Opinion.
Per Curiam: Pursuant to your request for an advisory opinion, based upon the foregoing statement of facts and the amendment thereto, submitted by you in the matter of the claim of Faye Willer ton Brockson against the Illinois Emergency Relief Commission, we beg to submit the following opinion, based upon the aforementioned statement and amended statement to wit: At the time of the accident in question both employer and employee were operating under and bound by the provisions of the Workmen's Compensation Act; that the accident in question arose out of and in the course of such employment; that under the provisions of Section 8A of the Workmen's Compensation Act, the Illinois Emergency Relief Commission is liable for the necessary first aid, medical and surgical services, and all necessary medical, surgical and hospital services thereafter, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury; and that claimant is therefore entitled to be reimbursed the amount paid by her for medical, surgical and hospital services as aforesaid, to wit, the sum of One Hundred Thirty Dollars and Seventy Cents ($130.70).
We are further of the opinion that payment of such claim should be subject to the following conditions, to wit: 1. That the case of said Faye Willerton Brockson against the State of Illinois, being No. 2586, now pending in this court, be dismissed. 2. That payment of said claim be made by the Illinois Emergency Relief Commission out of any funds held by it and allocated for the payment of such claims. [*566]
ILLINOIS EMERGENCY RELIEF COMMISSION. No. 6.
Settlement of claim for $534.00 and balance due for hospital services rendered employee, amounting to $54.00, advised