Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 12.

Payment of $125.00 advised.

DOMINICK FICARROTTA, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed April 13, 1937.

STATEMENT OF FACTS.

Dominick Ficarrotta, 2126 West LeMoyne Avenue, Chicago, Illinois, claims to have sustained an injury to his face and nose on the 24th day of February, 1936, while working as a laborer on Project S51-B4-1090. Said project was maintenance and construction work which provided for personnel for maintenance and construction departments 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 [*595] 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 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 15th day of March, 1935, and was completed on or about the 30th day of June, 1936. The total cost of said project was $53,272.50. 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 W. E. Hipsley, Work Relief Superintendent.

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 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 by the Illinois Emergency Relief Commission. Said work includes plumbing, carpentry, janitor work, engineering, and general repair work. Said furniture shops manufacture furniture which is used in relief offices throughout the State. Said [*595] 506 FIORETTA v. ILLINOIS EMERGENCY RELIEF COMMISSION. mattress factories manufacture mattresses for relief recipients 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 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 for the Maintenance Department on or about the 10th day of April, 1932. Claimant has continued to work on different projects up to and including present date. Claimant was assigned to work on the above mentioned project on or about the 23rd day of November, 1935. Claimant worked approximately forty (40) hours a week and for his services, he received the sum of $22.50.

On the 24th day of February, 1936, claimant was directed by Vincent Margiotta, foreman at the Chase Park Carpenter Shop at 4410 Ravenswood Avenue, Chicago, Illinois, to go to the roof of said building and assist in repairing a water tank.

Claimant was aided by Mr. Margiotta and Harry Blake. As said men were in the process of making repairs, a block of wood about 1x3x2 feet was placed between the upper and lower sections of said water tank. This block became loose and fell, striking the claimant on the face, and as a result, claimant received lacerations on his nose and face. As a result of said injury, claimant has a deep, irregular scar on his nose extending from the middle to the right side of his nose.

Claimant was immediately taken to Dr. William J. Michael, 3959 Lincoln Avenue, Chicago, Illinois, after the accident and six stitches were taken in his nose. Claimant was given medical care after the accident for a period of three weeks (See Exhibit I).

Claimant's accident was witnessed by Vincent Margiotta, formerly of 835 Bishop Street, Chicago, Illinois, and Harry Blake, formerly of 2148 North Halsted Street, Chicago, Illinois. It was impossible to secure statements from either one of the parties heretofore mentioned because by the time a [*597] departmental report of said accident was filed, these persons had moved without leaving forwarding addresses, although departmental records show that said parties made oral statements at the time of the accident (See Exhibit II).

Claimant was taken before Arbitrator Harry Kagan of the Industrial Commission, 205 Wacker Drive, Chicago, Illinois, on the 26th day of February, 1937. At that time, Arbitrator Kagan stated that he was of the opinion that claimant had a permanent scar on his nose and face and that under the rules and regulations of the Industrial Commission, a person in the claimant's walk of life would be entitled to $125.00 as a result of said scar.

At the time of the accident, claimant had three children under sixteen years of age, they being Angelina, Peter, and Vincent.

Payment of medical bills has been made 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 date of 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 occupations, 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 [*597] 593 NIELSEN v. ILLINOIS EMERGENCY RELIEF COMMISSION. 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 provision of this Act."

A release and waiver has been executed by claimant and he has agreed to accept $125.00 in full settlement for his injuries.

ADVISORY OPINION BY MR. JUSTICE YANTIS.

To the Illinois Emergency Relief Commission: 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 Dominick Ficarrotta 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 under the provisions of Section 8 (c) of said Act, said commission is liable for serious and permanent disfigurement suffered by claimant on the 24th day of February, 1936 consisting of a permanent scar extending across the bridge of claimant's nose and to the left side thereof which, under the usual rules applied by the Industrial Commission in such matters, as appears from the record, would warrant an award of One Hundred Twenty Five ($125.00) Dollars; to which sum claimant is therefore entitled; the payment of such sum to be made by the Illinois Emergency Relief Commission out of any funds held by it and allocated for the payment of such claims.

ILLINOIS EMERGENCY RELIEF COMMISSION. No. 13.

Payment of $1000.00 advised.