Niels Nielsen v. Illinois Emergency Relief Commission — 9 Ill. Ct. Cl. 598

NIELS NIELSEN, Claimant, v. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Case summary

Claimant, a vocational advisor at a relief station, was shot by a relief client and sought compensation for permanent partial loss of use of his right leg. The court found the Commission liable under the Workmen's Compensation Act and approved a lump-sum settlement of $1,000, subject to dismissal of a pending claim.

Claim type: Personal Injury Negligence

Statutes cited: Chapter 23, Section 464, Illinois Revised Statutes 1935; Section 8(e), Subsections 15 and 17, Illinois Workmen's Compensation Act

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

STATEMENT OF FACTS. Niels Nielsen, 3932 Osgood Avenue, Chicago, Illinois, claims that on the 25th day of January, 1935, he was shot in the right leg by a relief client while employed at the Lincoln Park Relief Station. Said relief station was under the jurisdiction and control of the Illinois Emergency Relief Commission. 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 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 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 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 clients and for shelters operated by the Illinois Emergency Relief Commission. Said canneries preserve vegetables and fruits which have been grown by relief clients 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 employed at the Lincoln Park Relief Station as vocational advisor. His duties were to interview and investigate relief clients assigned to work relief; also to interview and investigate all clients who applied for Civilian Conservation Corps assignments; also contact employers and examine industrial payrolls. On the day heretofore mentioned, claimant was working on the second floor of the relief station when Henry Arden and his mother, Mrs. Ruth Watson Arden, both relief clients of said station, appeared on that floor and demanded to see the supervisor. After a short talk with the supervisor, both Henry Arden and Mrs. Ruth Watson Arden were ordered to return to the first floor where relief clients were interviewed. Following this order, Henry Arden took a revolver from his pocket and shot the supervisor through the abdomen. At the same time, Mrs. Ruth Watson Arden took a revolver from her purse and shot at random. Claimant, who was at this time about four or five feet from Henry Arden, made a gesture and Henry Arden shot claimant through the right thigh. Henry Arden then shot and killed his mother, Mrs. Ruth Watson Arden, and committed suicide. Claimant was immediately taken to St. Luke's Hospital, where he remained until January 9, 1936. While in the hospital, he was under the care of Dr. William Hazlett, 122 South Michigan Avenue, Chicago, Illinois. All medical and hospital bills were paid by the Illinois Emergency Relief Commission (See Exhibit I). There was a Kewanee boiler and electric motors operated by the Illinois Emergency Relief Commission at the Lincoln Park Relief Station on the date heretofore mentioned. 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 * * *" 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 and investigators in the employment of the Illinois Emergency Relief Commission. Said assaults were perpetrated by relief clients 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 35 of said number were found not guilty; 43 of said number were discharged 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 thereafter, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury * * *" Mr. R. M. Hilliard, an employee of the Illinois Emergency Relief Commission, made an investigation of said shooting shortly after it occurred and a departmental report was made of his findings (See Exhibit II). Notice of claimant's accident was received by the Illinois Emergency Relief Commission the same day it happened. Demand for compensation was made by the claimant within six months after the accident. Claimant's accident arose out of, and was in the course of, his employment. Claimant is not entitled to temporary total disability as the Illinois Emergency Relief Commission paid him his full salary in the sum of $100.00 per month during the time of his disability and after he had recovered sufficiently from his injury, he was immediately placed back at work. Claimant was examined by Dr. Nathan Adams on February 22, 1936. At that time, Dr. Adams stated that there was only ten to fifteen degrees motion in the right thigh and that claimant had lost the industrial use of his right leg (See Exhibit III). Claimant was requested by the Illinois Emergency Relief Commission to submit himself to an examination by Dr. William Hazlett. Said examination was made on the 28th day of April, 1936. At this time, Dr. Hazlett found a permanent disability of the right knee joint due to loss of from seventy-five to eighty per cent of its range of flexion and that it was reasonable to expect that after a few months there would no longer be any swelling of the tissues of the leg (See Exhibit IV.) Claimant has filed a petition in the Court of Claims which is known as Niels Nielsen vs. State of Illinois, No. 2791. Said case is now pending before the court. A release and waiver has been secured and a stipulation to dismiss the above entitled cause has been filed in the Court of Claims. Claimant and his attorney have agreed to accept One Thousand Dollars ($1,000.00) in 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 Niels Nielsen 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 by virtue of the provisions of Section 8 (e), Subsections 15 and 17 of said Act said Commission is liable for the payment of compensation for permanent partial loss of the use of claimant's right leg; that said percentage of disability is not less than forty-six (46) per cent, and that payment of One Thousand ($1,000) Dollars in full adjustment with claimant for his injuries under a stipulated agreement by claimant and his attorney with said Commission, is fully justified by the record. It further appears that all hospital and medical bills have been paid, the former in the sum of Four Thousand Six Hundred Ninety-one and 55/100 ($4,691.55) Dollars and the latter in the sum of Nine Hundred Fifty ($950.00) Dollars. We, therefore, find that claimant is entitled, upon said attached statement of fact, to receive payment of compensation in a lump sum of One Thousand ($1,000.00) Dollars. We are further of the opinion that payment of such claim should be subject: First, to a dismissal of the claim of said Niels Nielsen vs. State, C. of C. No. 2791, now pending in this court, and second, that payment of said sum shall be made by the Illinois Emergency Relief Commission out of any funds held by it and allocated for the payment of such claims.

NIELS NIELSEN, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed April 13, 1937.

STATEMENT OF FACTS.

Niels Nielsen, 3932 Osgood Avenue, Chicago, Illinois, claims that on the 25th day of January, 1935, he was shot in [*599] the right leg by a relief client while employed at the Lincoln Park Relief Station. Said relief station was under the jurisdiction and control of the Illinois Emergency Relief Commission.

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 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 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 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 clients and for shelters operated by the Illinois Emergency Relief Commission. Said canneries preserve vegetables and fruits which have been grown by relief clients 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 employed at the Lincoln Park Relief Station as vocational advisor. His duties were to interview and [*600] investigate relief clients assigned to work relief; also to interview and investigate all clients who applied for Civilian Conservation Corps assignments; also contact employers and examine industrial payrolls. On the day heretofore mentioned, claimant was working on the second floor of the relief station when Henry Arden and his mother, Mrs. Ruth Watson Arden, both relief clients of said station, appeared on that floor and demanded to see the supervisor. After a short talk with the supervisor, both Henry Arden and Mrs.

Ruth Watson Arden were ordered to return to the first floor where relief clients were interviewed. Following this order, Henry Arden took a revolver from his pocket and shot the supervisor through the abdomen. At the same time, Mrs.

Ruth Watson Arden took a revolver from her purse and shot at random. Claimant, who was at this time about four or five feet from Henry Arden, made a gesture and Henry Arden shot claimant through the right thigh. Henry Arden then shot and killed his mother, Mrs. Ruth Watson Arden, and committed suicide.

Claimant was immediately taken to St. Luke's Hospital, where he remained until January 9, 1936. While in the hospital, he was under the care of Dr. William Hazlett, 122 South Michigan Avenue, Chicago, Illinois. All medical and hospital bills were paid by the Illinois Emergency Relief Commission (See Exhibit I).

There was a Kewanee boiler and electric motors operated by the Illinois Emergency Relief Commission at the Lincoln Park Relief Station on the date heretofore mentioned.

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 * * *" 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 * * *" [*601] 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 and investigators in the employment of the Illinois Emergency Relief Commission.

Said assaults were perpetrated by relief clients 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 35 of said number were found not guilty; 43 of said number were discharged 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 thereafter, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury * * *" Mr. R. M. Hilliard, an employee of the Illinois Emergency Relief Commission, made an investigation of said shooting shortly after it occurred and a departmental report was made of his findings (See Exhibit II).

Notice of claimant's accident was received by the Illinois Emergency Relief Commission the same day it happened. Demand for compensation was made by the claimant within six months after the accident.

Claimant's accident arose out of, and was in the course of, his employment.

Claimant is not entitled to temporary total disability as the Illinois Emergency Relief Commission paid him his full salary in the sum of $100.00 per month during the time of his disability and after he had recovered sufficiently from his injury, he was immediately placed back at work.

Claimant was examined by Dr. Nathan Adams on February 22, 1936. At that time, Dr. Adams stated that there was only ten to fifteen degrees motion in the right thigh and that claimant had lost the industrial use of his right leg (See Exhibit III). [*602]

Claimant was requested by the Illinois Emergency Relief Commission to submit himself to an examination by Dr.

William Hazlett. Said examination was made on the 28th day of April, 1936. At this time, Dr. Hazlett found a permanent disability of the right knee joint due to loss of from seventy-five to eighty per cent of its range of flexion and that it was reasonable to expect that after a few months there would no longer be any swelling of the tissues of the leg (See

Exhibit IV.)

Claimant has filed a petition in the Court of Claims which is known as Niels Nielsen vs. State of Illinois, No. 2791. Said case is now pending before the court.

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

Claimant and his attorney have agreed to accept One Thousand Dollars ($1,000.00) in 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 Niels Nielsen 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 by virtue of the provisions of Section 8 (e), Subsections 15 and 17 of said Act said Commission is liable for the payment of compensation for permanent partial loss of the use of claimant's right leg; that said percentage of disability is not less than forty-six (46) per cent, and that payment of One Thousand ($1,000) Dollars in full adjustment with claimant for his injuries under a stipulated agreement by claimant and his attorney with said Commission, is fully justified by the record. It further appears that all hospital and medical bills have been paid, the former in the sum of Four Thousand Six Hundred Ninety-one and 55/100 ($4,691.55) Dollars and the latter in the sum of Nine Hundred Fifty ($950.00) Dollars. We, therefore, find that claimant is entitled, upon [*603] said attached statement of fact, to receive payment of compensation in a lump sum of One Thousand ($1,000.00) Dollars.

We are further of the opinion that payment of such claim should be subject: First, to a dismissal of the claim of said Niels Nielsen vs. State, C. of C. No. 2791, now pending in this court, and second, that payment of said sum shall be made by the Illinois Emergency Relief Commission out of any funds held by it and allocated for the payment of such claims.