Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 10.

Payment of $78.00 advised.

ELMER GROVES, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed April 13, 1937.

STATEMENT OF FACTS.

Elmer Groves, 3056 Addison Street, Chicago, Illinois, claims to have sustained an injury on the 27th day of February, 1935, to his left hand while working as a maintenance man on Project No. S1-B4-398. Said project was maintenance and construction work which provided for personnel for maintenance and construction department at headquarters of the Illinois Emergency Relief Commission, 1319 South Michigan Avenue, Chicago Illinois, and at the Chase Park Relief office, 4410 Ravenswood Avenue, Chicago, Illinois. Said Department took care of alteration and repair work for the following relief agencies: Main office at 1319 South Michigan Avenue, Chicago, Illinois; Personnel office at 1222 South Michigan Avenue, Chicago, Illinois; Unemployment Relief Service in Cook County; Cook County Bureau of Public Welfare in Cook [*586] ILLINOIS EMERGENCY RELIEF COMMISSION.

County; Shelters in Cook County; Transient Homes in Cook County; Mattress and Comforters Factory; Tool Department in Cook County; Warehouses in Cook County; furniture in all relief offices in the State; also the building of furniture for nursery schools. Said project was instituted on or about the 16th day of October, 1934, and was completed on or about the 30th day of June, 1936. The total cost of said project was $674,721.51. Said amount included labor and materials. All monies for said project were furnished by the Illinois Emergency Relief Commission. This project was requested by the Illinois Emergency Relief Commission for maintenance and construction work and was approved by Leo M. Lyons, Administrator of Cook County, and A. R. Lord, Illinois Emergency Relief Commission State Administrator of Work Relief.

The General Assembly of the State of Illinois 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: "Powers and duties. 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 co-operate 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 Department; Furniture Shops; Mattress Factories, Canneries, Work Relief Divisions and other divisions or departments too numerous to mention. Said Maintenance Department has charge of maintenance work in all buildings operated and occupied by the Illinois Emergency Relief Commission. Said work includes carpentry, plumbing, janitor work, engineering, and general repair work. Said furniture shops manufacture furniture which is used in relief offices throughout the State.

Said mattress factories manufacture mattresses for relief recipients and for shelters operated by the Illinois Emergency [*586] GROVES v. ILLINOIS EMERGENCY RELIEF COMMISSION. 387 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 of the above enterprises or projects use sharp-edged cutting tools, such as saws, chisels, mattocks, and axes. Said buildings operate electric motors, elevators, and boilers, all of which are governed by municipal ordinances.

Claimant was assigned to work on said project on or about the 17th day of October, 1934. Claimant had been assigned to other projects similar to the one heretofore mentioned since October, 1932. Claimant worked approximately 30 hours per week, five days each week for a full month, and for his services received $66.00 per month.

On February 27, 1935, claimant was working at the Chase Park Carpenter Shop, 4410 Ravenswood Avenue, Chicago, Illinois, on one of the carpenter benches when he struck his left hand against a piece of wood, which had been nailed against the wall. As a result of his striking his hand against the piece of wood, he fractured the fifth finger of his left hand. Claimant did not complain about his injury at this time because he thought it was merely a bruise. In fact, claimant continued to work until the fifth day of March, 1935, before he reported his accident to Donald R. Yates, timekeeper on said project. As soon as said accident was reported, claimant was taken to St. Elizabeth's Hospital, Chicago, Illinois, where an X-ray picture of his hand was made. At this time, it was discovered that the fifth finger of his left hand was fractured. His hand was immediately placed in a cast and claimant left the hospital on the same day (See Exhibit I).

There were no witnesses to claimant's accident. The only knowledge the Illinois Emergency Relief Commission has is a report made by timekeeper Donald R. Yates on the fifth day of March, 1935 (See Exhibit II).

In the course of claimant's work, sharp-edged cutting tools were used, such as chisels and saws and other tools which are used by carpenters. There were also elevators, boilers and electric engines operated in said building.

Dr. W. O. Hammond examined claimant on the 24th day of February, 1936 (See Exhibit III). [*588]

Claimant's medical bills and hospital bills have been paid by the Illinois Emergency Relief Commission.

Claimant's accident was in the course of, and arose out of, his employment. Further, the Illinois Emergency Relief Commission had notice of the accident and demand for compensation was made on his employer within six months after the accident.

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 occupation, enterprises or businesses are hereby declared to be extra hazardous * * *" 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 thereafter, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury * * *" Section 8, subsection (e), of the Workmen's Compensation Act of the State of Illinois provides: "For injuries in the following schedule, the employee shall receive compensation for the period of temporary total incapacity for work resulting from such injury, in accordance with the provisions of Paragraphs (a) and (b) of this section, for a period not to exceed sixty-four weeks, and shall receive in addition thereto compensation for a further period subject to limitations as to amounts as in this section provided, for the specific loss herein mentioned, as follows, but shall not receive any compensation for such injuries under any other provisions of this Act."

Claimant claims that for seven years previous to the date of his injury, he has been a carpenter, also an independent contractor, and that during this period he has earned approximately $45.00 per week.

At the time of the accident, claimant had three children under sixteen years of age, namely, Loren, Bernart, and Eileen.

Section 8, subsection (d), of the Workmen's Compensation Act of the State of Illinois provides: "If, after the injury has been sustained, the employee as a result thereof becomes partially incapacitated from pursuing his usual and customary line of employment, he shall, except in the cases covered by the specific schedule set forth in Paragraph (e) of this section, receive compensation, subject to the limitations as to time and maximum amounts fixed in Paragraphs (b) and (h) of this section, equal to fifty per centum of the difference [*589] between the average amount which he earned before the accident and the average amount which he is earning or is able to earn in some suitable employment or business after the accident."

Medical examinations and doctor's report show that claimant had no permanent total disability.

Claimant has filed a petition in the Court of Claims which is known as Elmer Groves vs. State of Illinois, No. 2698.

Said case is now pending before the court.

A release and waiver has been filed in the Court of Claims and also a stipulation to dismiss the above entitled cause.

Claimant and his attorney have agreed to accept $78.00 as full settlement for his injuries.

ADVISORY OPINION BY MR. JUSTICE YANTIS.

Pursuant to your request for an advisory opinion, based upon the foregoing statement of facts submitted by you in the matter of the claim of Elmer Groves vs. Illinois Emergency Relief Commission, the following opinion is submitted, based upon the aforementioned statement: We find that at the time of the accident in question, both employer and employee were operating under and bound by the provisions of the Illinois Workmen's Compensation Act; that said accident arose out of and in the course of such employment; that by virtue of the provisions of Sections 8 (b) and 8 (j) of said Act said Commission is liable for the payment of compensation for temporary total disability for sixty-five (65) per cent of his average weekly wage; said wages appearing to have been at the rate of Sixty Six ($66.00) Dollars per month and claimant being the father of three children under sixteen years of age at the time of said accident. All medical bills appear to have been paid. Claimant is therefore entitled, upon said attached statement, to receive payment of compensation at the rate of Thirteen ($13.00) Dollars per week for six weeks, or Seventy Eight ($78.00) Dollars.

We are further of the opinion that payment of such claim should be subject; First, to a dismissal of the claim of said Elmer Groves vs. Court of Claims, No. 2698, now pending in this court, and second, 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. -30 [*30] 590 RUBY v. ILLINOIS EMERGENCY RELIEF COMMISSION.

ILLINOIS EMERGENCY RELIEF COMMISSION. No. 11.

Payment of $888.75 advised.