Juls Lock v. Illinois Emergency Relief Commission

JULS LOCK, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed July 21, 1937.

STATEMENT OF FACTS.

Juls Lock, 2508 West Lake Street, Chicago, Illinois, claims to have sustained an injury on the 23rd day of August, 1934, to his head while working as a laborer for the Illinois Emergency Relief Commission on Project No. 81-B2-1. Said project provided for the following work: "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, stone retaining walls and head walls, riprapping 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 cost records and distribution on all work."

Said project was instituted on or about the 19th day of July, 1934, and was continued until work was completed on November 12, 1934. The total cost of said project was $263,- 538.05. This amount included labor and materials. Of this amount, $196,040.00 was provided by the Illinois Emergency Relief Commission and the remainder was furnished by the Division of Highways of the State of Illinois. Said project requested by Kendrick Harger, District Engineer, Division of Highways of the State of Illinois, and was sanctioned by him and A. R. Lord, Illinois Emergency Relief Commission 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. The duties of the Illinois Emergency Relief Commission under this said Act at the time of the claimant's alleged injury and prior to July 1, 1936, were specified to be 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 [*556] LOCK v. ILLINOIS EMERGENCY RELIEF COMMISSION. 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 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.

Claimant was assigned to work on said project on or about the 7th day of May, 1934, as a laborer. Claimant worked approximately forty-two (42) hours a month and received Twenty-one Dollars ($21.00) for his services. On this particular assignment, claimant was assigned to work on August 19, 1934, for forty-two (42) hours. Said work was to terminate August 23, 1934.

Claimant was directed by R. H. Jones, timekeeper on said project, to assist other men in hauling material from one section of the project to another. On the day heretofore mentioned, claimant and three other men were riding on a State of Illinois Department of Highways truck and at the corner of Division and Harlem Avenues the truck turned to the right and claimant lost his balance. As a result, claimant [*757] was pitched to the pavement, striking the left side of his head. Immediately after the accident, claimant was taken to the State Hospital at Dunning and attended by Dr. Kilgour, who rendered first aid treatment. The tentative diagnosis at this time was possible skull fracture. Dr. Kilgour recommended complete rest. About two hours after the treatment was rendered, claimant was removed to his home by a police ambulance. See Exhibit I. Dr. Michael S. Corbett, 1380 West Lake Street, Chicago, Illinois, informed the Illinois Emergency Relief Commission that he had treated claimant for approximately six months for dizziness and headaches he claims were the result of an injury he sustained on August 23, 1934, when he fell from a truck while working for the Illinois Emergency Relief Commission. X-rays were taken and diagnosis was that claimant was suffering from a right stellate fracture of the frontal skull. Claimant also received treatment at the Cook County Hospital, Chicago, Illinois, where records of claimant are not available.

Claimant was requested to submit to a medical examination on May 7, 1937. Dr. George M. Hall, outstanding neurologist in the City of Chicago, examined claimant and found that he was suffering from cerebral commotion with post-traumatic headache and dizziness. See Exhibit II.

Claimant's accident was witnessed by Herman Wusterbarth, who was working with him at the time of the accident.

It was impossible to secure a statement from Mr. Wusterbarth since he could not be located.

All medical and hospital bills have been paid 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 within six months after the accident on his employer.

In the course of claimant's work, sharp-edged cutting tools were used such as saws, picks, mattocks, pneumatic hammers and gasoline driven cement mixers.

At the time of the accident, claimant had no children under sixteen years of age.

Section 3, paragraph 8, of the Workmen's Compensation Act of the State of Illinois provides: [*758] 258 LOCK v. ILLINOIS EMERGENCY RELIEF COMMISSION.

"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, paragraph (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, paragraph (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."

Juls Lock claims that he has been a laborer all of his life and that as a result of the accident he has not been able to work as a laborer; that from 1927 to 1929 he received Seven Dollars ($7.00) a day as wages for his services but that for the past five years he has been receiving relief and working only on his assignments; that since the alleged accident he has been assigned on two different occasions but was unable to fulfill the assignments because of dizzy spells and severe headaches he suffers upon exertion.

Section 8, paragraph (d), of the Workmen's Compensation Act of the State of Illinois provides:

"If, after the injury has been sustained, the employee as a result thereof becomes partially incapacitated from pursuing his usual and customary line of employment, he shall, except in the cases covered by the specific schedule set forth in paragraph (e) of this section, receive compensation, subject to the limitations as to time and maximum amounts fixed in paragraphs (b) and (h) of this section, equal to fifty per centum of the difference between the average amount which he earned before the accident and the average amount which he is earning or is able to earn in some suitable employment or business after the accident" Medical examinations and doctors' reports show that Juls Lock still has a minor disability as a result of the accident and is not able to do heavy work.

Claimant filed a petition in the Court of Claims which is known as Juls Lock vs. State of Illinois, No. 2674. Said [*759] cause is now pending before the court. A stipulation to dismiss the above entitled cause has been filed in the Court of Claims.

A release and waiver has been secured from the claimant and he and his attorney have agreed to accept Six Hundred Dollars ($600.00) in full settlement of his injuries.

ILLINOIS EMERGENCY RELIEF COMMISSION.

MEDICAL SERVICE REPORT OF WORK RELIEF INJURED AND ILLNESS.

Date August 27, 1934.

Patient's Name-Lock Juls; Project-12th and Austin Gang on Highway, Melrose Park.

Wife's Name ....................................................

Address-2122 Fulton St.

Patient's Complaint-Fell off truck, hurt head on 23rd, given first aid at Melrose Park Hospital. Severe headache, small linear fracture right temple region.

Has patient seen a physician? Yes. Name of physician-Dr. Corbett. Address of physician-1880 W. Lake St., Monroe 0029. Should be kept quiet week or two. Should be seen.

District from which client receives relief-Main Source of Report................................................

Time Received ...................by...........................

Social Service Exchange:........................................

Report from District-Will have case worker check and follow thru.

Action taken by Medical Relief Service-Dr. Corbett called to report pt. came to his office this morning complaining of severe headache. Doctor took stereoscope of skull and discovered a small linear fracture, right temple.

Main

8/24-9/6 Proj. 1 Schedule 25528 8/27/6-M LT Form 533 M.

Exhibit 1

ILLINOIS EMERGENCY RELIEF COMMISSION.

PRELIMINARY REPORT OF ACCIDENT.

Report immediately in duplicate to Workmen's Protection Dept., 1319 S. Michigan Ave., Chicago, Ill.

Local Government Unit: State of Illinois, Div. of Hwy.

Proj. No. B-21.

Office Address: Street and No.-35 E. Wacker Drive; County-Cook; City or Village-Chicago.

Employer, Nature of Work-Maintenance Service Roads.

Place and Time Location of place where accident happened, Street and No.-Harlem Ave. and Division St.; County-Cook; City or Village-Chicago.

Date of Accident-August 23rd, 1934. Hour of Day 8:30 A. M. [*760] 560 LOCK v. ILLINOIS EMERGENCY RELIEF COMMISSION.

Name of Employer-Lock Jule; Address-2122 Fulton St.; Age-; Sex-Male; Speak English-Yes.

Nationality-American; Colored.

Identification No.-; Single; Married.

Occupation when injured-Laborer.

Was this regular occupation? Relief work.

Injured Worker Wages or average earnings per day-$3.50.

Working hours per day-7; Working hours per week -21; Per month-$1; Average weekly wages-$10.50.

How long employed?

How many children under 16 years of age has injured?; Give age of each.

Did injury cause loss of any member or part of member?

If injured under sixteen years have you his school certificate on file?

Cause Describe in full how accident happened-At Division st (Use back of form Harlem this man lost his balance and fell off truck. if more space is Name and addresses of witnesses to the accident needed) Wusterbarth, Herman, 3512 N. Leavitt St., Chicago.

Name of machine, tool or appliance in connection with which accident occurred-Truck No. 1049; by what power driven-gas, hand feed or mechanical feed. part on which accident occurred-Rear End.

State exactly part of person injured and nature of injury-Laceration of left ear (Dr. Kilgour is on his vacation. The Drs. on duty at State Hospital, would not issue any information regarding this man.

Nature and Ex- Did injury cause loss of any member or part of memtent of Injury ber-No.

If so, describe exactly Attending physician or hospital where sent Dr. Kilgour; Name and address-State Hospital, Dunning.

Has injured employee returned to work? No. If so, at date; Has any relief or other medical assistance been given? Amount Lost Time Amount paid for hospital or medical services, if any $.

If Fatal-Date of employee's death: Length of disability before death.

Single or married.

Name and P. O. Address of a relative friend of the deceased Date of this report: August 30th, 1934. Made out by R. H. Jones.

Title: Timekeeper.

Exhibit I

[*761] LOCK F. ILLINOIS EMERGENCY RELIEF COMMISSION. 561 DR. GEORGE W. HALL.

DR. R. P. MACKAY.

WILLOUGHBY TOWER

8 So. MICHIGAN AVE.

Chicago

May 7, 1937.

M: R. C. Eardley

Ill. Emergency Relief Comm.

Chicago, Ill.

Re: Jules Lock

DR. MR. EARDLEY: I wish to give the following report of my examination of Jules Lock of 2508 W. Lake Street whom you referred to me today.

This patient is 34 years of age and gave a history that he received an injury to his head on August 23, 1934. At that time he was working on a relief job in Franklin Park. He stated that he was riding on the back end of a truck and the truck took a turn to the right with the result that he was jolted off the truck and struck his head on the pavement. He stated that he could remember falling and that the right side of his head struck the ground.

Although he was rendered unconscious by the fall he maintained that he could remember the blow. He thought he was unconscious for about twenty minutes, but could not remember having been carried by his companions on the truck to the first aid station where he regained consciousness. He stated that there was no scalp wound. Some policemen came and took him home in a car following his recovery of consciousness. He remained sitting on the front steps of his house for about an hour and then took a street car alone to a physician's office. He had to walk about two blocks on this trip. The physician made an x-ray of the skull which revealed a fracture. He later went to the Cook County Hospital Outpatient Department where another x-ray was made which revealed the same findings. He received medication at the clinic which gave him some relief from a pain which he had in his head. At the present time the patient complains of a headache on the right side of his head. This headache comes on only occasionally and is apt to occur following any exertion, sudden bending over, etc. He also complains of dizziness which is likewise made worse by bending over, turning suddenly or attempting to work. This dizziness is described as a feeling of impending collapse or faintness and is apparently not a rotary vertigo. He stated that he had no other complaints other than headache and dizziness.

Neurological Examination revealed no objective abnormalities. The cranial nerves were all intact. The pupils reacted well to light and in accommodation. The optic fundi were normal as were the visual fields. There was no paralysis of the face. His hearing was within normal limits, although there was a slight reduction on the right. There was no abnormality of speech, swallowing. The motor system was normal throughout the whole body, as regards power, tone and speed. There was no atrophy. All tendon reflexes, as well as superficial reflexes were normal, and there was no disturbance of any form of sensation to be found. His gait and station were normal. The Romberg sign was negative, even when performed on one foot.

I could detect no emotional abnormalities which would indicate the presence [*762] 362 LOCK v. ILLINOIS EMERGENCY RELIEF COMMISSION. of a neurosis and no tendency to exaggerate his symptoms, such as one finds in cases of malingering or neurosis.

Diagnosis in my opinion, is cerebral commotion with post-traumatic head ache and dizziness. The symptoms as described by the patient are quite typical of these seen in other cases and are generally accepted as being due to the effects of the blow rather than to emotional or nervous factors. The prognosis is good, although these patients some times require a long time to recover. It would be wise to have his physician give him ammonium chloride, grains 15, t. i. d. and to restrict his intake of salt to a minimum It is better for this patient to do as much work as possible short of increasing his disability, and he should be encouraged as to the outcome.

Very truly yours, Signed: R. P. MACKAY.

EXHIBIT II.

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 Juls Lock 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 the statement show that Juls Lock was employed as a laborer on a project in which the I. E. R. C. was an interested party; that on August 23, 1934 he was engaged in hauling material, and while riding on an Illinois Department of Highways truck at the corner of Division and Harlem Avenue in the City of Chicago, he lost his balance and fell, striking the left side of his head on the pavement.

He was immediately taken to the State Hospital at Dunning, where he was found to have a slight skull fracture. He thereafter received X-ray examinations and treatment at the Cook County Hospital, and on May 7, 1937 was examined by Dr.

George M. Hall of Chicago. From your statement it appears that all of his medical and hospital bills have been paid by the I. E. R. C.; that claimant was unable to work for a consider[*763]able period following his accident, and is still suffering from the results thereof, having occasional headaches and a dizziness when bending over or suddenly turning. Dr. R. F. Mackey states that it is better for the patient to do as much work as possible, insofar as same does not increase his disability.

Your statement further shows that this is the same claim as that involved in the case of Juls Lock vs. State of Illinois, now pending in the Court of Claims under No. 2674; that claimant has been duly advised by his attorney, and that they have agreed to accept Six Hundred ($600.00) Dollars in full settlement of any rights which he may have, growing out of said accident.

While no sufficient showing as to present earning capacity appears, from which an accurate determination may be made as to the difference between what claimant was able to earn before the accident and the average amount which he is earning or is able to earn in some suitable employment since such accident, yet the facts are sufficient to show that both for the time lost by claimant following the accident and his present condition, such allowance would not be less than the Six Hundred ($600.00) Dollars which your report shows claimant and his attorney are willing to accept in full satisfaction.

We therefore find, that under the terms of the Workmen's Compensation Act claimant would be entitled to the sum of at least Six Hundred ($600.00) Dollars for injuries and loss of time resulting from said accident, and that a payment of said sum by the Illinois Emergency Relief Commission in full settlement is fully authorized under the terms of the Workmen's Compensation Act.

Payment of such claim should be subject: First, to a dismissal of the claim of Juls Lock vs. State of Illinois, No. 2674, now pending in the Court of Claims; 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. [*764] 364 DAN DUNBAR v. ILLINOIS EMERGENCY RELIEF COMMISSION.

ILLINOIS EMERGENCY RELIEF COMMISSION. No. 25.

Settlement of claim for $131.25, upon certain showing, advised.