Harry K. Steelman v. Illinois Emergency Relief Commission

HARRY K. STEELMAN, Claimant vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed July 1, 1937.

STATEMENT OF FACTS.

Harry K. Steelman, 827 South Illinois Street, Springfield, Illinois, claims that on or about the 1st day of February, 1935, he contracted spinal meningitis while working for the Illinois Emergency Relief Commission as a music and dramatic teacher on Project No. 1513. Said project was inaugurated by the Illinois Emergency Relief Commission under Civil Works Educational Service. Said project employed four teachers, each at Seventy-Five Dollars ($75.00) per month.

They directed and supervised the work of 650 transient men who were housed in the Springfield Service Bureau. Classes were held from 9:00 A. M. to 12:00 A. M. and from 1:00 P. M. to 4:00 P. M. from Monday to Friday of each week. This proj[*745]STEELMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. 715 ject was approved by Albert Schlipf, director of the Sangamon County Emergency Relief Committee; also by James E. Maxwell and Frank T. Barey, superintendent of the public schools of Springfield, Illinois; also by Wilfred S. Reynolds, executive director of the Illinois Emergency Relief Commission, and by F. G. Blair, State superintendent of public instruction. Said project was approved by the above mentioned parties on or about February 1, 1934, and was to run indefinitely.

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, ele[*746]vators and boilers, all of which are governed by municipal ordinances.

Claimant was assigned to work on said project on or about the 1st day of August, 1934. He worked approximately thirty (30) hours per week and received Seventy-Five Dollars ($75.00) for his services per month.

Claimant was directed by Watson Dickerman, who was the superintendent at the Transient Bureau, on or about February 1, 1935, to prepare and direct a dramatic play for the transient men. On this day about thirty-five (35) transient men took part in the festivities. During the course of the entertainment, one of the entertainers, name unknown, went into the audience and conducted part of his work. While he was in the course of his work, he coughed a great deal, and shortly after the play, he left the shelter for places unknown.

The following day five people were stricken with spinal meningitis, and it has been the consensus of opinion and also of Dr. W. H. Tucker, coordinating epidemiologist of the State Department of Health, that this man was a carrier of spinal meningitis.

Claimant became seriously ill on February 2, 1935, and Dr. Franklin Maurer, Springfield, directed that he be taken immediately to St. John's Hospital in Springfield for care.

Claimant remained in the isolation ward from the day heretofore mentioned until the 28th day of February. After this day, he was taken to his home where he was bedridden for the next six weeks.

Dr. W. T. Tucker was interviewed and he was of the opinion that the spinal meningitis which had appeared in Springfield at this time could be considered an epidemic. See Exhibit I. The records of the State Health Department at Springfield, Illinois, were examined and the following report was obtained. See Exhibit II.

Claimant was under the care of Dr. Franklin Maurer from February 2, 1935, until December of 1935. Although he was able to be about with the assistance of a cane, he was not able to carry on his usual work. During the months from February to June, 1935, he received Fifteen Dollars ($15.00) per week from the First Methodist Episcopal Church in Springfield for directing the church choir. Although during this period he was not able to carry on his duties, the church [*747] STEELMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. 717 continued to pay him his salary. His work was taken over by a Miss Marilla McCoy during this time.

In the course of claimant's work, there were electrically driven motors and boilers in the building in which he worked.

Said building was occupied by approximately 650 transient men for living quarters.

Dr. Franklin Maurer stated that claimant's temporary disability terminated on or about December 1, 1935, although a person stricken with spinal meningitis can never recover completely because the disease destroys part of the nervous system.

Payment of medical and hospital 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 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 ordinations 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 (c), 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."

At the time of the accident, claimant had one child under sixteen years of age-Beverly, fifteen years of age. [*748] 18 STEELMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION.

Claimant claims that before he was stricken with spinal meningitis, he was employed by the First Methodist Episcopal Church as a choir director receiving Fifteen Dollars ($15.00) per week from September 1st to June 1st, and that he had taught music during the day and received approximately Thirty-Five Dollars ($35.00) a week for his services. Claimant is now employed by the Old Age Assistance Service at $160.00 per month. At this time he is doing clerical work.

Claimant filed a petition in the Court of Claims which is known as Harry K. Steelman vs. State of Illinois, No. 2744. Stipulation to dismiss the the above entitled cause has been filed in the Court of Claims and a release and waiver has been secured from the claimant. Claimant and his attorney have agreed to accept Five Hundred and Eighty-Five Dollars ($585.00) in full settlement of his claim against the State of Illinois.

COPY.

STATE OF ILLINOIS

DEPARTMENT OF PUBLIC HEALTH

Springfield

July 14, 1936

SPECIFIC-Epidemic Cerebrospinal Meningitis. (In reply refer to C. D.) Mr. Glenn Trevor, Assistant Attorney General, Supreme Court Building, Springfield, Illinois.

DEAR MR. TREVOR: In response to your request of a few weeks ago, I am enclosing a copy of the report of my investigation of Epidemic Cerebrospinal Meningitis which occurred in Springfield in the late winter and early spring of 1935. This report has not been changed in any way since it was written 16 months ago, and it presents an unbiased statement of the results of my investigations.

At the time that meningitis appeared in Springfield in February, 1935, there were outbreaks of the same disease in several cities throughout the country in which transient camps were maintained. Mr. Harry Hopkins of Washington, D. C. requested the United States Public Health Service to draw up a list of regulations which could be put into effect in the transient shelters to prevent the further spread of the disease. Accordingly, it is general knowledge that the transient shelters were the sources of several outbreaks of meningitis during the early months of 1935.

If I can be of further service to you in this connection, please feel free to call upon us.

By direction of the Director, Yours very truly, W. H. TUCKER, M. D., Coordinating Epidemiologist. [*749]

Exhibit I. COPY.

To: Frank J. Jirka, M. D., Director of Public Health.

From: W. H. Tucker, M. D. Assistant Epidemiologist.

State Department of Public Health, Springfield, Illinois, Division of Communicable Diseases.

EPIDEMIC CEREBROSPINAL MENINGITIS IN THE SPRINGFIELD AREA.

April 2, 1935.

Since the first week of February, 1935, there has been an outbreak of epidemic meningitis in Springfield and in some of the surrounding towns which is causing a certain degree of apprehension among the residents of this community.

Indications are that the first three residents of Springfield who developed epidemic meningitis received their infection from a common source, which must have been a carrier, for no cases of the disease were reported in Springfield during the past November, December and January. These cases occurred during the first week of February, 1935, when three persons suddenly became ill at approximately the same time. The simultaneous appearance of these three cases was so unusual that it was felt that an investigation should be made for the purpose of learning whether or not there was a common source of infection. Accordingly, Dr. Frank J. Jirka, Director of the State Department of Public Health, assigned me to make an investigation of the outbreak in cooperation with the Board of Health of the city of Springfield.

Investigation revealed that these three persons, Mrs. Mary L. Morrison, Miss Margaret Frantz and Mr. Harry Steelman, had attended an entertainment on Friday, January 26, given by inmates of the Federal transient shelters maintained in this city. The program was first presented to approximately 500 transients on Thursday, January 25, and was repeated the following evening for approximately 200 Springfield residents who are interested in social work. Aside from the members of the cast, there were only about 10 transients in the audience that evening.

On careful questioning it was found that an itinerant magician was one of the entertainers on the program. During the course of the program this man left the stage, came down into the auditorium and climbed a post along the aisle near a large group of spectators. From his position on this post, he carried on an animated conversation and discussion with some one on the stage. In this manner it was easily possible for him to shower the persons in the audience near him droplets of the excretions from his nose and throat.

Two of the persons who became ill sat next to the post which the entertainer climbed. This man also had a great deal of contact backstage with the gentleman, Mr. Harry Steelman, who was directing the entertainment, who later became the third victim of the disease. It is assumed, therefore, that the magician was a carrier of the germ which causes epidemic meningitis, although this has not been proven conclusively. As is the habit of transients, the magician and his family left Springfield a few days following the enter[*750]tainment. He told friends he was going to the southern part of Illinois or Missouri, and was traveling in his own truck. A dragnet was immediately put on throughout the state for the purpose of finding him to determine definitely whether or not he was a carrier of this disease. The state health authorities in Missouri and Kentucky were also notified to be on the lookout for this man, but up to the present time no trace of him has been found.

When the investigation was first started, we were not sure that anyone in connection with the transient bureau had anything to do with the outbreak, but subsequent developments indicated that someone in the shelter most likely was the source of the first cases. The state and local directors of the transient bureau extended their fullest cooperation in this investigation and did everything in their power to help clear up the situation. Nine days following the appearance of the three cases heretofore mentioned, a man (Charles Barr) in one of the Springfield transient shelters became acutely ill with epidemic meningitis. This man had been sleeping in one shelter and taking his meals in another. It was decided that immediate quarantine measures would have to be instituted in order to prevent further spread of the disease. Therefore it became necessary to quarantine more than 300 men who occupied these two shelters and had come in contact with the sick man.

Studies of extensive outbreaks of epidemic meningitis in the past have shown that healthy carriers of the disease are generally involved. It was decided to make cultures from the throats of the 300 men in quarantine in order to determine if any of them were carriers of the germs. Dr. Howard J. Shaughnessy, Director of the Division of Laboratories, supervised this work, and four of the transients were found to be carriers of these germs.

No carriers were found in a group of more than 100 townspeople who attended the program. The carriers were isolated and immediately placed under medical treatment, with the result that their carrier condition was overcome in one week. Soon after the quarantine was instituted a second case of epidemic meningitis (John Shaw) occurred at Camp Schrader, a work camp maintained for transients by the Springfield transient bureau in Mason County near Kilbourne. Men from the transient shelter in this city had been sent to Camp Schrader regularly up until the time that quarantine was in force. Apparently some of the men had been carriers for some time past, and had gone to Camp Schrader before the shelters in Springfield were quarantined. One of the men from Camp Schrader returned to his home in Girard in Macoupin County, and a few days later his brother (James Vanausdole) was brought to St. John's Hospital suffering from epidemic meningitis. This makes a total of six cases, three in townspeople and three in connection with transients, all of which were traced to contacts with persons in the transient shelters. Of these persons, death occurred in only one instance (Charles Barr). The quarantine of the two shelters in Springfield and of Camp Schrader, and the isolation of the carriers was effective in checking the outbreak in the Federal transient bureau. No new cases have appeared in the shelters since that time.

Exhibit 1. [*751]

COPY.

To: File.

From: R. C. Eardley.

March 4, 1936.

Re: Harry Steelman vs. State of Illinois.

The records of the State Health Department were examined at Springfield, Illinois, and it was found that under Dr. C. W. Milligan, who was then Health Physician, in 1921 there were no cases of meningitis reported to the Health office.

In 1922, two cases of meningitis were reported.

In 1923, two cases of meningitis were reported.

In 1924, three cases of meningitis were reported.

In 1925, one case of meningitis was reported.

In 1926, no cases of meningitis were reported.

In 1927, two cases of meningitis were reported.

In 1928, three cases of meningitis were reported.

In 1929, three cases of meningitis were reported.

In 1930, five cases of meningitis were reported.

In 1931, ten cases of meningitis were reported.

In 1932, two cases of meningitis were reported.

In 1933, three cases of meningitis were reported.

In 1934, two cases and two deaths of meningitis were reported.

In 1935, twenty-six cases and eight deaths of meningitis were reported.

In 1936, seven cases of meningitis, up to March 6, were reported; also six cases of meningitis in neighboring towns.

Dr. H. H. Tuttle, who is now Health Commissioner for Springfield, stated that the twenty-six cases of meningitis, which were reported in 1935, could not be considered an epidemic.

Exhibit 11.

Advisory Opinion by Mr. Justice Yantis.

To the Illinois Emergency Relief Commission: Pursuant to your request for an Advisory Opinion, based upon the attached statement of facts submitted by you in the matter of the claim of Harry K. Steelman vs. Illinois Emergency Relief Commission, the following Opinion is rendered, based upon the aforementioned statement. From same it appears that claimant resides in Springfield, Illinois and was employed to work as a music and dramatic teacher on Project No. 1513, inaugurated by the Illinois Emergency Relief Commission as a part of the Civil Works Educational Service. In connection with his activities, he with three other teachers, directed and supervised the work of six hundred fifty (650) [*752] 152 STEELMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. transient men who were housed in the Springfield Service Bureau. Classes were held twice a day from Monday to Friday of each week. On February 1, 1935 claimant, under instructions from his Superintendent, was engaged in directing a dramatic play for the transient men. About thirty-five transients took part in the festivities. One of the entertainers, name unknown, coughed a great deal. A few days after the entertainment he and his family left Springfield and although the State Health Department attempted to locate him throughout Missouri, Kentucky and Illinois, no later trace of him has been found.

The next day after the entertainment two residents of Springfield who had sat near the unknown transient and the claimant herein, Harry K. Steelman, were all stricken with spinal meningitis.

The statement discloses that prior to that date spinal meningitis carriers had been brought to the camp, and claimant predicates his claim upon the theory that these people and the unknown transient were carriers of spinal meningitis germs, and that these germs were communicated to the later victims from droplets of excretions from the nose and throat of such persons. The following appears from the statement of Dr. W. H. Tucker, Assistant Epidemiologist, in a report to Dr. Jirka, Director of Public Health: "When the investigation was first started we were not sure that anyone in connection with the Transient Bureau had anything to do with the outbreak, but subsequent developments indicated that some one in the shelter most likely was the source of the first cases * * * when cultures were made from the throats of three hundred men who were thereafter quarantined in the transient camps at Springfield it was found that four of them were carriers of these germs. No carriers were found in a group of more than one hundred townspeople who had attended the program. The carriers were isolated and placed under medical treatment, and their carrier condition was overcome in one week * * * The quarantine of the two shelter and the isolation of the carriers was effective in checking the outbreak in the Federal Transient Bureau and no new cases have appeared in the shelters since that time."

This is decidedly a borderline case. The claimant herein was in attendance at such camp because of his duties. Claimant and respondent at the time of the former's employment were both within the terms of the Workmen's Compensation Act and bound thereby. Do the facts disclose "an injury resulting from an accident which arose out of and in the course of plaintiff's employment?" No accident in the common [*753] acceptance of the term is shown to have occurred, but under certain circumstances spinal meningitis, incurred in the course of the performance of one's employment, has been held to constitute an accidental injury.

In the case of Arquin vs. Ind. Comm., 349 Ill. 220, we find that Dr. Arquin, while on duty as an interne in the Contagious Ward of the Cook County Hospital, contracted epidemic meningitis which caused his death. In submitting a claim in that case the widow contended that epidemic meningitis was an accidental injury for which compensation should be allowed. It was there said, "The evidence is undisputed that epidemic meningitis is highly contagious and that Arquin was continuously engaged in the treatment of patients suffering from that disease, from December 1st to December 6th, when he himself contracted the disease. The origin of his illness and death arose while he was performing his duties in the regular course of his employment. The infection constituted his injury * * * The specific time when the meningitis germ entered his body is unascertainable, but since he was in constant contact with this dreaded disease for six days until he himself was stricken, the evidence seems reasonably sufficient to support a finding that he died as a result of an accidental injury which arose out of and in the course of his employment * * * The proof clearly shows his death was the proximate result of the infection with meningitis a few days prior. This case is therefore to be distinguished from those cases where the connection between the death and accidental injury is remote and difficult to trace as to time and place of origin."

The following views were expressed in Rissman and Son vs. Ind. Comm., 323 Ill. 459; "Typhoid fever has been regarded as accidental if the disease is contracted by accidental means; that an accident may be said to be 'an unforeseen or unexpected event of which the party's own misconduct is not the natural and proximate cause,' and that the result ordinarily and naturally flowing from the conduct of the party cannot be said to be accidental."

From the foregoing decisions it appears that meningitis, contracted under certain conditions may be said to constitute an accidental injury, as used in the Workmen's Compensation Act.

As the statement herein submitted however discloses as a positive fact that carriers of the spinal meningitis germs were found to be present in the group of men among whom claimant worked in the course of his employment, and as tests made of more than one hundred townspeople who were not residents of such Transient Camps, disclosed no meningitis car[*754]554 STEEDMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. rier among them, we believe the record sufficiently shows that claimant contracted the disease in the course of his duties and that same constituted an accidental injury which arose out of and in the course of his employment.

Plaintiff's wages appear to have been Seventy-five ($75.00) Dollars per month at the time of his injury, or on the basis of Seventeen and 30/100 ($17.30) Dollars per week, of which Fifty Per Cent (50%) would be Eight and 65/100 ($8.65) Dollars. He remained in the hospital from January 26, 1935 until the 28th day of February, 1935 and was thereafter taken to his home, where he was bedridden for the following six weeks. While he was employed to some extent thereafter, the statement of Dr. Franklin Maurer, appearing in the record, states that claimant's temporary disability terminated on or about December 1, 1935. An allowance at the rate of Eleven Dollars per week for forty-four (44) weeks to December 1, 1935 based upon 50% plus allowance on account of one child under sixteen years, would amount to Four Hundred Eighty-four ($484.00) Dollars. The record discloses that claimant is now employed by the Old Age Assistance Service at One Hundred Sixty ($160.00) Dollars per month, which is more than double the wages he was receiving at the time of his injury, and no award can be justified for any permanent disability. The only award that appears to be possibly justified is the allowance for temporary total disability, in an amount not to exceed Four Hundred Eightyfour ($484.00) Dollars. Your Commission would apparently be justified in paying such latter sum to claimant, but not in paying claimant the sum of Five Hundred Eighty-five ($585.00) Dollars, indicated in your statement as being the amount which claimant and his attorney have offered to accept in full settlement of his claim.

As it appears that the claim now under consideration is the same as that now filed in the Court of Claims under the title of Harry K. Steedman vs. State of Illinois, No. 2744, any settlement of the present claim should be conditional upon the dismissing of the latter entitled cause, and settlement should be made from any funds now held by the Illinois Emergency Relief Commission and allocated for the payment of such claims. [*755]

ILLINOIS EMERGENCY RELIEF COMMISSION. No. 24.

Payment of $600.00 advised.