Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 19.

Payment of $2,000.00 advised.

CHARLES HANKUS, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed June 30, 1937.

STATEMENT OF FACTS.

Charles Hankus, 1239 North Wood Street, Chicago, Illinois, claims to have sustained an injury on the 8th day of October, 1934, to both of his legs while working as a laborer for the Illinois Emergency Relief Commission on Project S1-B2-1, Schedule No. 34905, Division 8, Division of Highways.

Said project was requested by the State Highway Department, 35 East Wacker Drive, Chicago, Illinois, for work as follows: "Work to be embraced in this project shall include widening and construction at shoulders, reconstructing ditches, flattening slopes, daylighting intersections and curves, quarrying flagstone, constructing stone gutters, [*626] stone retaining walls and head walls, rip-rapping steep slopes, preparing grounds for planting, planting and caring for trees and shrubs, trimming trees, removing stumps, laying sod, sowing grass seed, constructing stone and cinder sidewalks, constructing fences, constructing and painting guard fences, patching and maintaining pavement, laying tile, constructing and repairing catch basins and culverts, painting bridges, maintaining roadway signs, mowing roadsides, unloading and handling materials to be used on various State roads in Cook County, dressing and maintaining tools to be used for work as listed, and keeping accurate costs, records and distribution of all work."

The above mentioned project was requested by the State of Illinois, Division of Highways, by Kendrick Harger, district engineer, and the provisions were that the Illinois Emergency Relief Commission was to furnish $196,040.00 for labor, and the Division of Highways was to supply $67,498.05 for materials and supplies. The total cost of said project was $263,538.05. Said project was sanctioned by A. R. Lord, Illinois Emergency Relief Commission State Administrator of Work Relief. Said project was approved the 1st day of August, 1934, and was to be completed by the 23rd day of March, 1935.

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 [*627] 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 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 the above project on the 26th day of September, 1934, and was to report to work to Andrew Ludwig, 111th and Western Avenues, Chicago, Illinois, on October 1, 1934, and work the days of October 1, 2, 3, 8, 9, and 10. His rate of pay was Fifty Cents ($.50) per hour and he was to work a total of forty-two (42) hours during this period.

Claimant was directed by Andrew Ludwig, on October 8, 1934, to go to the warehouse at 1731 North Elston Avenue, Chicago, Illinois, and assist other employees in loading a truck with cement. As claimant was in the process of working around the warehouse, a pile of cement bags collapsed and fell on his legs. As a result of this accident, claimant sustained a fracture of both legs.

E. F. Dickson, employee of the State of Illinois, Division of Highways, stated that he was in charge of the warehouse at 1731 Elston Avenue on the 8th day of October, 1934, when Charles Hankus sustained his injuries while working in and around the warehouse; that shortly after the accident occurred, he was notified by other employees in the warehouse as to how Charles Hankus was injured and that he was taken directly to Dr. H. W. Mullins' office for first aid treatment. (See Exhibit I.) Adam Glass, 11653 Yale Avenue, Chicago, Illinois, stated that on the 8th day of October, 1934, he was directed by Andrew Ludwig, foreman on the project at 111th and Western Avenues to go with Charles Hankus and other employees to the warehouse at 1731 Elston Avenue and assist in loading [*628] a truck with cement. As the men were in the process of loading the truck, one of the piles of cement collapsed and as a result, claimant broke both of his legs. E. F. Dickson, who was in charge of the warehouse, was notified of the accident. (See Exhibit II.)

At the time of the accident, sharp-edged cutting tools were used, such as saws, chisels, pneumatic hammers and gasoline driven cement mixers.

The records of Alexian Brothers Hospital, Chicago, Illinois, show that claimant was brought to the hospital on the 8th day of October, 1934, and released the 16th day of February, 1935. During this period, claimant was under the care of Dr. H. W. Mullins.

Dr. H. W. Mullins, 1859 Elston Avenue, Chicago, Illinois, stated that claimant sustained a complete transverse fracture, middle third, right tibin with forward displacement and overriding proximal phalanx; comminuted fracture, middle third, right fibula; linear fracture incomplete upper end of tibia.

Left fracture upper third running through to joint with fracture of spine of tibia; comminuted fracture upper third of fibula. (See Exhibit III.)

Dr. Mullins treated claimant from the 8th day of October, 1934, to the 16th day of September, 1935. Dr. Mullins stated on the 27th day of February, 1936, that he was of the opinion that claimant could never do any kind of laboring work again as a result of the injuries he sustained on October 8, 1934, because the muscles, nerves and tendons were injured and there was some restriction of action in the muscles of the legs and knees. Dr. Mullins claims that there was temporary total disability for a period of 64 weeks and 75 per cent permanent total disability of both legs.

Dr. William Hazlett, 122 South Michigan Avenue, Chicago, Illinois, testified on behalf of the respondent as to the disability of Charles Hankus. An examination was made by Dr. Hazlett on the 23rd day of April, 1936. At this time Dr. Hazlett found that there was a disability in both legs and the disability was so great that it would impair his physical condition sufficiently so that he could not do heavy manual work. (See Exhibit IV.)

Claimant's hospital bill has been paid by the Illinois Emergency Relief Commission. Claimant's bill from Dr. H. [*629] W. Mullins in the sum of $226.00 has not been paid. The Illinois Emergency Relief Commission has agreed to pay the above amount. Said amount has been found to be reasonable for the services rendered.

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 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 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."

Section 8, Subsection (e), paragraph 16, of the Workmen's Compensation Act of the State of Illinois provides: "For the loss of a leg, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during one hundred and ninety weeks."

Section 8, Subsection (e), paragraph 18, of the Workmen's Compensation Act of the State of Illinois provides: "The specific cases of loss of both hands, or both arms, or both feet, or both legs, or both eyes, or of any two thereof, suffered in the accident, or the permanent and complete loss of use thereof, suffered in one accident, shall constitute total and permanent disability, to be compensated according to the compensation fixed by paragraph (f) of this section * * *" [*630] At the time of the accident, claimant had three children under sixteen years of age; Stanley, born in 1922; Thaddeus, born in 1923; and Mitchell, born in 1926.

Claimant has filed a petition in the Court of Claims which is known as Charles Hankus vs. State of Illinois, No. 2732.

Stipulation to dismiss the cause has been filed in the Court of Claims.

A release and waiver has been secured by the Illinois Emergency Relief Commission and claimant and his attorney have agreed to accept Two Thousand Dollars ($2,000.00) in full settlement for his injuries. The Illinois Emergency Relief Commission has agreed to pay Dr. H. W. Mullins Two Hundred Twenty-Six Dollars ($226.00) for professional services rendered Charles Hankus.

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 Charles Hankus vs. Illinois Emergency Relief Commission, the following opinion is rendered, 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.

Claimant herein appears to have sustained an injury on the 8th day of October, 1934 while employed as a laborer by the Illinois Emergency Relief Commission. At the time of said accident he was working in a warehouse when a pile of cement bags fell on him, resulting in a fracture of both legs.

The record discloses substantial hospital treatment, the bill for which has been paid by the Relief Commission, and medical services rendered by Dr. H. W. Mullins for which the Commission states it is ready to pay, in the sum of Two Hundred Twenty-six ($226.00) Dollars. At the time of the accident claimant had three children under sixteen years of age: Stanley, born in 1922; Thaddeus, born in 1923 and Mitchell, born in 1926.

Claimant is shown to have been in the hospital from October 8, 1934 to the 16th day of February, 1935. It appears that his wages were Fifty Cents (50c) per hour for forty[*631]two (42) hours per week. The record discloses that claimant has suffered a permanent disability and that he would be entitled to an award for temporary total disability while in said hospital, and a permanent partial disability for the condition resulting from the injuries to his two legs. We further find that a settlement of Two Thousand ($2,000.00) Dollars, in addition to the hospital and medical bills paid or assumed by the Commission, payable to claimant under a stipulated agreement between him and his counsel and the Commission, is fully justified by the record. We are further of the opinion that payment of such claim should be subject: First, to a dismissal of the claims of Charles Hankus vs. State of Illinois, Court of Claims Nos. 2732 and 2736 now pending in this court.

Second, the payment of such sum shall be made by the Illinois Emergency Relief Commission out of any funds held by it and allocated for such purpose.