Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 17.

Payment made of $46.00 found to be authorized and payment of $100.00 in settlement advised.

GEORGE REESE, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed June 3, 1937.

STATEMENT OF FACTS.

George Reese, Route No. 1, Mundelein, Illinois, claims to have sustained an injury to his right eye on the 25th day of [*615] 646 REPORTS ILLINOIS EMERGENCY RELIEF COMMISSION.

September, 1934, while working on Project S248-D4-32. Said project was for preparation of a convalescent women's camp at Doddridge Farm, which is located three miles north of Libertyville, Illinois. The work of said project consisted of cultivating several acres for gardens, taking out dead trees, weeds and bad bushes; trimming and grading all roads and painting buildings, steps and porches. Said project was instituted on the 31st day of May, 1934, and work was completed on or about March 30, 1935. The total cost of said project was $2,590.06. 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 a camp for convalescent women who were recipients of relief in the Chicago area. Said project was approved by Mary G. Moon, Director of Women's Activities for the Illinois Emergency Relief Commission and by A. R. Lord, State Administrator of Work Relief.

The Illinois Emergency Relief Commission was created by an Act of the General Assembly of the State of Illinois effective February 6, 1932. Chapter 23, Section 464, of the Illinois State Bar Statutes, 1935, 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 by the Illinois Emergency Relief Commission. Said work includes plumbing, carpentry, janitor work, engineering, and general repair work. Said furniture shops manufacture furniture [*617] 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 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.

The Illinois Emergency Relief Commission and the trustees of the Doddridge Farm, Libertyville, Illinois, entered into an agreement on or about the 1st day of June, 1934, which provided that the Illinois Emergency Relief Commission occupy said farm, also buildings and appurtenances thereto and further provided that all labor and materials necessary to keep the premises in a good state of repair were to be furnished by the Illinois Emergency Relief Commission. Doddridge Farm was a camp which was operated by trustees of the Catherine Budd Foundation. Said camp has for many years been used by the charities in Chicago for a vacation place for children whose families were on relief. All expenses in the operation of this camp were covered by the trustees.

Said farm was donated to the Illinois Emergency Relief Commission for the period of this project by the trustees free of charge.

Claimant was assigned to work on said project on or about the 30th day of June, 1934, and continued to work on same until the day of the accident. Claimant had been assigned on other work relief projects previous to the date heretofore mentioned. Claimant worked approximately 35 hours per week at fifty cents per hour and worked every other week during the month, so his total earnings were ThirtyFive Dollars ($35.00) per month.

On the day of the accident, Wilmer A. McLean, superintendent of Doddridge Farm, instructed claimant to caulk a Tabasco boiler which had become out of repair. Mr. Jess Scott was also instructed to assist in the repair work. Claimant claims that as the repairs were being made one of the [*617] 618 FIRST ILLINOIS EMERGENCY RELIEF COMMISSION. rivets on the boiler chipped off and struck him in his right eye. Claimant continued to work throughout the day so that he could complete his work relief assignment for that period.

His eye became progressively worse, so it was necessary to consult Dr. Charles N. Stephens, Libertyville, Illinois, on October 2, 1934. Dr. Stephens treated claimant from October 2, 1934, to November 24, 1934 (See Exhibit I).

Mr. Wilmer A. McLean stated that shortly after the accident occurred, he examined claimant's eye and saw that there was inflammation but was under the impression at that time that it was only dirt. Claimant was not taken to a doctor at this time (See Exhibit II).

Mr. Jess Scott, who was working with claimant at the time of the accident, stated that a piece of steel flew in claimant's eye as repairs were being made on the boiler (See Exhibit III).

Claimant was asked to submit to an examination on February 24, 1936. On that date, he was examined by Dr. W. C. Hammond, who reported to the Illinois Emergency Relief Commission that at this time there was no connection between claimant's present inability to see with the accident he claimed to have sustained while working for the Illinois Emergency Relief Commission (See Exhibit IV).

Dr. Charles N. Stephens rendered a bill for his services in the sum of Forty-Six Dollars ($46.00), which has been paid by the Illinois Emergency Relief Commission.

Claimant's accident was in the course of, and arose out of, his employment. Further, sharp-edged cutting tools were used in the course of his work such as chisels and saws. The Illinois Emergency Relief Commission had notice of the accident and demand for compensation was made within six months after the accident.

At the time of the accident, claimant had two children under sixteen years of age, Earl George and Ernest, ages 10 and 8 respectively.

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 * * *" [*619] 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 provision of this Act."

As a result of the accident, claimant was not able to work for approximately four and a half months.

Claimant has filed a petition in the Court of Claims which is known as George Reese vs. State of Illinois, No. 2581. Said cause is now pending in the Court of Claims although claimant has filed a stipulation to dismiss the above entitled cause.

A release and waiver have been secured from the claimant by the Illinois Emergency Relief Commission in which claimant has agreed to dismiss the case now pending in the Court of Claims upon the payment of One Hundred Dollars ($100.00). Said agreement has been sanctioned by claimant's attorney.

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 George Reese 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 the injury to claimant's right eye arose out of and in the course of his employment and that under the provisions of Section 8 (a) of the Workmen's Compensation Act the Illinois Emergency Relief Commission is liable for the neces[*620]sary first-aid medical and surgical services, and for such necessary medical, surgical and hospital services thereafter as may be reasonably required to cure or relieve the employee from the effects of said injury; that the payment therefor, of the bill of Dr. Charles N. Stephens for services rendered claimant, as shown by the record, in the sum of Forty Six ($46.00) Dollars was justified and legally proper.

It further appears that as a result of the accident, claimant was unable to work for approximately four and one-half months; that claimant is entitled to compensation for temporary total incapacity for such period; that a settlement has been agreed upon between claimant and said Commission in full settlement of his rights to compensation for said accidental injury in the sum of One Hundred ($100.00) Dollars; that such agreement has been sanctioned by claimant's attorney and that said sum is within the amount fixed under the terms of the Workmen's Compensation Act. We are therefore of the opinion that such settlement is properly made by said Commission, and that the following conditions should be observed in connection therewith.

First: That the claim of George Reese vs. State of Illinois, Court of Claims No. 2581, now pending, should be dismissed.

Second: That payment of the above compensation shall 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. 18

Payment of $313.50 advised.