Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, NO. 20.

Payment of $2,000.00 advised.

STELLA McGEE, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion Filed June 30, 1937.

STATEMENT OF FACTS.

Stella McGee, Breese, Illinois, wife of Joseph J. McGee, deceased, claims that on the 8th day of August, 1934, Joseph J. McGee was employed as a laborer by the Illinois Emergency Relief Commission on Project S-214-B16-8 in Clinton County, at Carlyle, Illinois. Said project was requested by the State of Illinois, Department of Conservation, by C. F. Thompson, Acting Director, for landscaping and reconditioning of the building at the fish hatchery at Carlyle, Illinois.

Work consisted of: "Dig out pond, build levee, rip-rap embankments, install pumping equipment for water supply and shelter for same, set up holding tanks, install bug lights, paint buildings, build tables and benches on Fish Hatchery ground east of Carlyle."

The Illinois Emergency Relief Commission was to furnish $11,727.00 for labor and the State of Illinois was to [*632] furnish $3,068.75 for materials and equipment. The total cost of said project was $14,795.75. This project was approved June 27, 1934, and completed about October 20, 1934. Said project was approved 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 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.

Joseph J. McGee, deceased, was directed by the Clinton County Emergency Relief Commission, which is a division of [*633] the Illinois Emergency Relief Commission, to report to C. R. Miller, foreman and superintendent at the fish hatchery, Carlyle, Illinois, on or about the first day of August, 1934, and to work August 8th and 9th for six hours each day and was to receive Fifty Cents ($.50) an hour for his services.

Joseph J. McGee was taken by a truck which was operated by the State of Illinois with a group of other men on the day heretofore mentioned to the State Fish Hatchery at Carlyle, Illinois, to work as a laborer at maintenance and construction work at the fish hatchery. The work consisted of excavating in order to lay a certain drain pipe which was to supply the State Fish Hatchery with water from the City of Carlyle water works. On the day heretofore mentioned, the temperature on or about 1:00 p. m. was 100 degrees, and C. R. Miller, foreman and superintendent, directed that all men working in the ditch were to work for ten-minute periods so that none of them would suffer sunstroke or heat prostration. While Joseph J. McGee was working in and around the ditch, he was overcome by the sun and was removed from the ditch to the shade. He was told to remain there the rest of the day but he failed to comply with the command of the foreman, and after a short time returned to his work and continued to work until 5:00 o'clock in the afternoon of said day. After Joseph J. McGee resumed work and from that time on until about 9:30 p. m. on the day heretofore mentioned, he became progressively worse and Dr. J. B. Warren of Breese, Illinois, was called in to attend him. Mr. McGee became worse and on the following day Dr. Warren ordered that he be removed to St. Joseph's Hospital, Breese, Illinois.

His condition became steadily worse and he died on the 20th day of August, 1934.

C. R. Miller, superintendent and foreman, employee of the State of Illinois, Department of Conservation, stated that Joseph J. McGee had been assigned to him through the Clinton County Emergency Relief Commission as a laborer for the days of August 8th and 9th for six hours each day. That during the day of August 8th, the temperature was about 105 degrees in the shade. (See Exhibit I.) Mr. S. H. Brink, Centralia, Illinois, stated that on August 8, 1934, he was employed by the State Department of Conservation at Carlyle, Illinois, at the fish hatchery as foreman. That on said date, Joseph McGee had been assigned [*634] to work on Project S-214-B16-8 as a laborer. That during the course of the day, Mr. McGee was stricken with a sunstroke. (See Exhibit II.)

John Ayres, Beckmeyer, Illinois, stated that on the 8th day of August, 1934, there were about 75 men working in and around the fish hatchery at Carlyle, Illinois. That Joseph J. McGee was assigned to work in the ditch (four feet deep and one and one-half feet wide) in the preparation of laying a drain pipe from one pond to the other. The ground on which these men were working was very soft so that shovels were all that were needed to remove the dirt. That because of the excessive heat on this day, the men were working in tenminute shifts. That about one o'clock Joseph McGee complained of the excessive heat and was told to rest in the shade. (See Exhibit III.)

Dr. H. B. Warren was called to Joseph McGee's home on August 8, 1934, at about 9:30 p. m. At this time, Dr. Warren found that Joseph McGee had suffered from sunstroke during the day. The following morning Dr. Warren returned to the home and at this time found that Mr. McGee needed hospital care, so he ordered him to be taken to St. Joseph's Hospital, where he remained until his death. (See Exhibit IV.)

The records of St. Joseph's Hospital were examined and they show that Joseph McGee's condition was caused by working in the hot sun and excessive heat and that death was caused by sunstroke which had been suffered by the deceased on August 8, 1934. (See Exhibit V.) All medical and hospital bills have been paid by the Illinois Emergency Relief Commission.

Joseph McGee's death was in the course of, and arose out of, his employment. The Illinois Emergency Relief Commission had notice of his death and demand for compensation was made by claimant on his employer within six months after the death.

Sharp-edged cutting tools such as saws, chisels, picks and mattocks were used in the course of Joseph McGee's work.

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." [*635]

Section 7, Subsection (c) of the Workmen's Compensation Act of the State of Illinois provides: "If no amount is payable under paragraphs (a), (b) or (c) of this section and the employee leaves any grandparent, grandchild or grandchildren or collateral heirs dependent at the time of the injury to the employee upon his earnings to the extent of fifty per centum or more of total dependency, then such proportion of a sum equal to four times the average annual earnings of the employees as such dependency bears to total dependency, but not less in any event then one thousand dollars and not more in any event than three thousand seven hundred fifty dollars. Any compensation payments other than necessary medical, surgical or hospital fees or services shall be deducted in ascertaining the amounts payable on death."

Stella McGee claims that Joseph J. McGee, deceased, was her sole support and also was the sole support of Ennis McGee, a grandchild.

Claimant has filed a petition in the Court of Claims which is known as Stella McGee vs. State of Illinois, No. 2559. Stipulation to dismiss the above 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 her attorney have agreed to accept Two Thousand Dollars ($2,000.00) in full settlement of her claim.

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 Stella McGee 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.

The facts submitted in such statement show that Joseph J. McGee was employed with a crew of men on the 8th day of August, 1934 in laying a drain pipe at the fish hatchery at Carlyle, Illinois; that the temperature was from 104 degrees to 105 degrees, and that because of the excessive heat, the men were working in ten-minute shifts; that Joseph J. McGee was working in a ditch four feet deep and one and one-half feet wide, removing loose dirt with a shovel; that he suffered a [*636] sunstroke on the afternoon of that date; he was taken to a hospital the next morning and there remained until his death on August 20, 1934; that his wages were on the basis of a sixhour day, 50¢ per hour, under irregular employment; that he left surviving, his wife, claimant, Stella McGee and a grandchild, Ennis McGee, who was dependent upon him for such grandchild's sole support; that claimant, by and with the advice of counsel, has agreed to accept Two Thousand ($2,000.00) Dollars in full settlement of her claim.

An applicant in a heat prostration case must as in all other cases, prove by competent and sufficient evidence that the accident arose out of and in the course of the employment.

The mere fact that the sunstroke occurred while employee was in the discharge of his regular duties is insufficient unless it also appears that such prostration arose out of the employment. Such accident cannot be said to arise out of the employment unless there is competent proof that the employee was subjected to an unusual and special hazard from the heat greater than that to which the public generally, and other workmen in the same vicinity, were subjected. The statement of facts submitted in this claim shows that Joseph J. McGee and those working with him down in the ditch were in fact subjected to a special degree of exposure to the sun's rays and extreme and unusual heat, and a lack of air enjoyed by others not engaged in such work. It therefore appears from the said statement of facts that an award is properly allowable under the provisions of the Workmen's Compensation Act, and that the payments heretofore made by the Commission for medical and hospital charges were properly paid, and that a settlement with claimant, as the widow of Joseph J. McGee, in full for the death of the latter, in the sum of Two Thousand ($2,000.00) Dollars, is within the limits of liability under Section 7 (a) of the Workmen's Compensation Act and is a proper settlement with claimant, it appearing that she is duly advised by counsel. (Brown vs. State, 8 C.

C. R. 442.)

Payment of such claim should be subject, first, to a dismissal of the claim of Stella McGee vs. State of Illinois, Court of Claims No. 2559, now pending; and 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.