Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 27.

Settlement of claim for $850.00 Justified and found advisable.

FRANCES ALLEN, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed October 12, 1937.

STATEMENT OF FACTS.

Frances Allen, 2256 Fifth Avenue, Fort Worth, Texas, claims to have sustained injuries on the 12th day of May, A. D. 1934, to the right side of her nose, cheek and neck and to her right forearm and middle finger of her right hand as a result of an attack by one Andrew Guerriero, a relief recipient, at the Stanford Park relief office, 1701 String Street, Chicago, Illinois.

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 claimant's alleged injuries 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 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." [*784] 281 ALLEN v. ILLINOIS EMERGENCY RELIEF COMMISSION.

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. Said buildings all of which are governed by municipal ordinances.

Records of the Illinois Emergency Relief Commission show that from September, 1933, to and inclusive of September, 1936, there have been 344 disorderly conduct and assault and battery cases involving caseworkers in the employment of the Illinois Emergency Relief Commission. Said assaults were perpetrated by relief recipients while investigators were trying to investigate whether or not these individuals were eligible for relief. Of the above number, 328 were prosecuted in the Criminal Courts throughout the State. Of said number, 215 were found guilty of the charges heretofore alleged and 35 of said number were found not guilty; 43 of said number were dismissed and 31 of said number were dismissed for want of prosecution; 3 of said number were discharged and then sent to psychopathic hospitals, and one individual was committed directly to a psychopathic hospital.

Claimant was employed as a caseworker by the Illinois Emergency Relief Commission at the Stanford Park relief office, 1701 String Street, Chicago, Illinois. The duties of a caseworker are to contact families in the relief office and in[*785]ALLEN v. ILLINOIS EMERGENCY RELIEF COMMISSION. 185 their homes and investigate their needs as to health, employment and the use of work relief money.

Claimant arrived at said relief office at approximately 8:30 A. M. on the day heretofore mentioned. She held the door for another worker to pass and then entered the building. Andrew Guerriero approached claimant from the rear and struck her with a razor across her neck, causing a deep laceration of the back of the neck eight inches long, penetrating the muscles down to the bone; a severe laceration of the nose, piercing through the nostrils, the septum of the nose and laying the nose almost backward up on the forehead; a laceration of the right cheek about three and a half inches long running transversely across the level of the angle of the mouth; a deep laceration of the flexor aspect of the right forearm about two and a half inches in length running transversely about four inches above the wrist; longitudinal laceration of the ring finger of the right hand almost splitting the skin of the finger along the mid line of its entire length. Immediately after the assault, claimant was removed to the Presbyterian Hospital, Chicago, Illinois, where she was under the care of Dr. Edwin M. Miller, an outstanding surgeon, and Dr. Frederick B. Moorehead, an outstanding plastic surgeon of Chicago. See Exhibit 1. Claimant was under the care of the above mentioned doctors for eight months.

Immediately after the attack, Andrew Guerriero ran from the relief office into the street where he was pursued by many relief clients who were in the office. He was finally apprehended by the police in a saloon a short distance from the relief office. When he was searched by the police, it was found that he carried a rusty razor having many nicks, and an ice pick. Andrew Guerriero was brought to trial in the Criminal Court of Cook County, Illinois, and found guilty of assault with intent to kill and sentenced from one to fourteen years in the penitentiary.

Claimant's salary at the time of the assault was One Hundred Forty Dollars ($140.00) per month. The records of the Payroll Department of the Illinois Emergency Relief Commission show that she received full salary from May 1, 1934, to and inclusive of February 9, 1936.

Dr. Edwin M. Miller and Dr. Frederick B. Moorehead submitted a bill to the Illinois Emergency Relief Commission in the sum of Three Hundred Fifty Dollars ($350.00) for [*786] professional services rendered claimant. Said bill was paid on or about June 30, 1934. See Exhibit II.

The Presbyterian Hospital submitted bills to the Illinois Emergency Relief Commission in the amount of Two Hundred Two Dollars and Eighty-five Cents ($202.85). Said bills were paid by the Illinois Emergency Relief Commission.

Said amount included hospital care, X-rays and dressings.

All medical and hospital expenditures have been investigated and found to be reasonable.

Claimant was under the care of Dr. E. P. Hall, Fort Worth, Texas, from February 22, 1935, to May 31, 1937. Dr.

Hall has rendered Frances Allen a bill for professional services in the sum of One Hundred Dollars ($100.00). Said bill was paid by Frances Allen on or about the 31st day of May, 1937. See Exhibit III.

Claimant was asked by the Illinois Emergency Relief Commission to have photographs taken of her face, neck and right arm. Said photographs were taken by Dr. Tom B. Bond at Fort Worth, Texas, on or about the 19th day of September, 1935. Claimant's pictures were taken before Arbitrators Anton Johannsen and Joseph L. Lisack of the Industrial Commission of the State of Illinois, 205 West Wacker Drive, Chicago, Illinois, on or about the 8th day of July, 1937. At that time, Arbitrators Johannsen and Lisack stated that they were of the opinion that claimant had permanent scars on her neck, chin and cheek and that under the rules and regulations of the Industrial Commission, a person in claimant's walk of life would be entitled to Two Hundred Fifty Dollars ($250.00) as a result of said scars.

Frances Allen claims a twenty (20) per cent permanent and complete loss of the use of her right arm. Claimant is not asking for temporary total disability as she received her full salary during her period of disability.

Claimant's assault was witnessed by Miss Katherine Stuart, a co-worker at the Stanford Park relief office. See Exhibit IV.

Claimant's accident was in the course of, and arose out of, her employment. Further, the Illinois Emergency Relief Commission had notice of the accident and demand for compensation was made on her employer within six months after the accident. [*787]

In the course of claimant's work, electrically driven motors were operating in said relief office. There was also steam boilers operating in the basement of said building.

At the time of the accident, claimant was unmarried.

Section 3, paragraph 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, 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 (c), of the Workmen's Compensation Act of the State of Illinois provides: "For any serious and permanent disfigurement to the hand, head, face or neck, the employee shall be entitled to compensation for such disfigurement, the amount fixed by agreement or by arbitration in accordance with the provisions of this Act, which amount shall not exceed one-quarter of the amount of the compensation which would have been payable as a death benefit under paragraph (a), section 7, if the employee had died as a result of the injury at the time thereof, leaving heirs surviving, as provided in said paragraph (a), section 7: Provided, that no compensation shall be payable under this paragraph where compensation is payable under paragraph (d), (e) or (f) of this section: And, provided, further, that when the disfigurement is to the hand, head, face or neck, as a result of any injury for which injury compensation is not payable under paragraph (d), (e) or (f) of this section, compensation for such disfigurement may be had under this paragraph."

Section 8, paragraph 13, of the Workmen's Compensation Act of the State of Illinois provides: "For the loss of an arm, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during two hundred and twentyfive weeks."

Claimant has filed a petition in the Court of Claims which is known as Frances Allen vs. State of Illinois, No. 2667. A stipulation to dismiss said cause has been filed in the Court of Claims and claimant and her attorney have agreed to accept Eight Hundred Fifty Dollars ($850.00) in full settlement of her injuries. One Hundred Dollars ($100.00) of this amount is for medical expenses paid by claimant. A release [*788] 288 ALLEN v. ILLINOIS EMERGENCY RELIEF COMMISSION. and waiver for Eight Hundred Fifty Dollars ($850.00) has been secured by the Illinois Emergency Relief Commission.

COPY.

EDWIN M. MILLER, M. D. Presbyterian Hosp.

June 22, 1934.

Mrs. Lucille Smith

Medical Relief Service

Illinois Emergency Relief Commission

1319 South Michigan Avenue

Chicago, Illinois

Dear Mrs. SMITH: Miss Frances Allen was brought to the Presbyterian Hospital on my service on the morning of May 12, 1934 a short time after having received severe lacerations by a razor while employed as a social worker for the Illinois Emergency Relief. She had lost a great deal of blood, was very pale and in considerable shock.

Her injuries consisted of a deep laceration of the back of the neck eight inches long, penetrating the muscles down to the bone; a severe laceration of the nose, piercing through the nostrils, the septum of the nose and laying the nose almost backward up on the forehead; a laceration of the right cheek about three and a half inches long running transversely across the level of the angle of the mouth; a deep laceration of the flexor aspect of the right fore arm about two and a half inches in length running transversely about four inches above the wrist; a longitudinal laceration of the ring finger of the right hand almost splitting the skin of the finger along the mid line of its entire length.

Owing to the poor condition of the patient a direct blood transfusion was given as quickly as possible after which under local anesthesia plastic operations were carried out on the wounds described above. The laceration through the nose was taken care of by Dr. Frederick B. Moorhead, the remainder of the work was done by myself. She was given 1500 units of antitetanic serum. She remained in the hospital a period of nineteen days, being discharged May 31, 1934.

All of her wounds healed by primary union except the one on the fore arm which became infected and healed slowly by granulation. After leaving the hospital she was seen by me at my office once each week. The last time was June 19, 1934 at which time her general condition was very good, all of her wounds had healed very satisfactorily except the wound of the fore arm which was still draining slightly. She had recovered apparently completely from her nervous shock and her morale was exceedingly good.

I am enclosing herewith the bill for the surgical services rendered Miss Allen by Dr. Moorhead and myself.

Sincerely yours, EDWIN M. MILLER, M. D. (signed) Exhibit I. [*789] COPY.

EDWIN M. MILLER, M. D.

700 North Michigan Avenue

Chicago

June 22, 1935.

Illinois Emergency Relief Commission

313 South Michigan Ave.

Chicago, Illinois

For Professional Services

To Miss Frances Allen

Dr. E. M. Miller .............................$ 250.00

Dr. Frederick B. Moorhead .................... 100.00

-

Total .......................................$ 350.00

Exhibit II.

COPY.

E. P. HALL, M. D. E. P. HALL, Jr., M. D.

DBS. HALL & HALL

415 Medical Arts Building.

Fort Worth, Texas

July 14, 1937.

Illinois Emergency Relief Commission, 2126 S. Dearborn St., Chicago, Ill.

Re: Frances Allen

DEAR SIR: Your request for an itemized statement of services rendered Frances Allen from February 20, 1935 to October 5, 1935 received several days ago and due to illness and death in my family have been delayed in complying with your request for which I am very sorry, but it was unavoidable.

I did not do a great deal of treating to Miss Frances Allen, but on account of her badly disturbed mental condition did see her quite often and still see her every three or four weeks when she comes over from Dallas, where she is now employed.

First visit to Miss Frances Allen was February 20, 1935, she was very nervous, apprehensive, very restless, complained of pain and numbness in back of head in region of a large six inch scar, numbness in right lower forearm and wrist. The history was that while employed in relief work on May 18, 1934, in Chicago, Illinois, she was out about the nose, face and almost around her head, beginning below her left ear, on the right arm near wrist and right finger by a relief client. That she was real sick and under treatment in Chicago, Illinois, for quite some time, that several weeks after her injury a piece of razor blade was removed from right arm and the wound was slow in healing, she stated that she went back to work and worked until she saw two other persons shot by a relief client and she completely gave way nervously. [*790]

Physical examination: A rather pale, white female, age 26, single, a disfiguring scar across her nose and right side of chin and a six inch scar beginning below left ear and extending around the back of her head toward the right side. Large adhered scar on outer border of lower right forearm near wrist, supination and pronation of wrist is interfered with due to the adhesions. Also long scar on right middle finger. Eyes and ears seem normal, mouth, gums and throat are red and injected, tongue is coated in center.

Chest is conical in shape, expansion seems equal though respiration is sighing and irregular. Heart is normal in size, shape and position, rapid 96, weak tone and mild systolic murmur at apex.

Abdomen distended, not especially tender. Reflexes: eyes react to light and distance, knee reflexes exaggerated, no adenopathy.

At 10:00 A. M. 2/20/35 temperature 99.4, pulse 96, respiration 24. Blood pressure 95/65. Urinalysis essentially negative. Blood count: Hemoglobin 80%, red blood cells 3,500,000, white blood cells 10,800, differential: eosin 2, staff 6, segmented 60, lymphocytes 28, monocytes 4.

Exhibit III.

Diagnosis: Severe shock to nervous system from being attacked and severely wounded and seeing co-workers shot while in discharge of duty, mild anemia Treatment: Complete rest, no visitors, generous balanced diet, amythal grains one and half p.r.n. for rest and quiet. February 21, 1935 at 5:00 P. M. temperature 99.6, pulse 90, respiration 20, rested only at intervals, has headache and dizzy when she raises up. Continued amytal, milk of magnesia one ounce in early A. M. 2/22/35. 2/23/35 at 9:00 A. M temperature 99, pulse 88, respiration 20, appetite poor, slept poorly, bowels open, cries a great deal, says someone is trying to harm her, amytal continued for rest and quiet, tried to reassure patient that she was entirely safe. 2/25/35 5:00 P. M. temperature 99.6, pulse 95, respiration 22, rested only at intervals, very little improvement in mental condition, no change in treatment. 2/27/35 at 8:30 A. M. temperature 98.4, pulse 80, respiration 18, rested some better, still cries, is apprehensive of some danger. Same treatment. 3/1/35 at 4:00 P. M. temperature 99.2, pulse 90, respiration 20, very little change in patient's condition, same treatment carried out. 3/3/35 no improvement in mental state, will not be reassured, still complains of pain in back of head, anxious about the complete use of right forearm and wrist, at 8:00 A. M. temperature 98.4, pulse 84, respiration 20, massage with oil of Wintergreen to neck and wrist, no other change in treatment. 3/5/35 at 6:00 P. M. temperature 99.2, pulse 80, respiration 18, improvement very slight if any, very restless at times, amytal grs. 1½ had to be given four times in last twenty-four hours, now more or less drowsy. 3/7/35 at 8:30 A. M. temperature 99, pulse 86, respiration 18, some brighter today though still has headache. No change in treatment. 3/9/35 at 5:00 P. M. temperature 99, pulse 86, respiration 20, more alert and interested in things about her, not eating well. Nembutal grs. 1½ to grs 111 p.r.n. for rest and sleep. [*791]

ALLEN v. ILLINOIS EMERGENCY RELIEF COMMISSION. 701 3/11/35 at 9:00 A. M. temperature 98.6, pulse 86, respiration 18, still has melancholy spells and complains of head, no change in treatment. 3/13/35 at 8:30 A. M. temperature 98.4, pulse 80, respiration 18, condition about same, some quieter if any difference, no change in treatment. 3/17/35 at 7:00 P. M. temperature 99.2, pulse 90, respiration 24, had a restless night and day. more moody, empirin comp. gr. v, every two or four hours for head pains. 3/19/35 at 8:00 A. M. temperature 98.6, pulse 86, respiration 20, rested some better, head seemed to be eased by Empirin Comp. 3/21/35 at 6:00 P. M. temperature 99, pulse 100, respiration 24, has a fear that she is again to be harmed, can not be reassured. 3/23/35 at 6:30 P. M. temperature 99, pulse 96, respiration 20, some quieter, rested better, taking more food, bowels open. 3/25/35 at 8:00 A. M. temperature 98.4, pulse 86, respiration 18, some brighter, rested more, eating better. 3/27/35 at 6:00 P. M. temperature 99, pulse 98, respiration 20, continues to improve in spirit, occasional crying spell, nembutal only at night. 3/29/35 at 6:00 P. M. temperature 98.8, pulse 90, respiration 20, gradually improving, no change in treatment. 3/31/35 at 8:00 A. M. temperature 98.6, pulse 85, respiration 18, occasional crying and despondent spells though seems to be improving. 4/2/35 at 6:30 P. M. temperature 98.8, pulse 90, respiration 20, feeling better, not so much nembutal, sitting up for short intervals. 4/5/35 at 6:30 P. M. temperature 98.8, pulse 96, respiration 20, up and about house, much improved physically though melancholy at times, blood pressure 105/70. 4/7/35 at 6:00 P. M. temperature 98.6, pulse 96, respiration 18, continues to improve physically, depressed at times, is up and about house, auto ride recommended. 4/13/35 at 9:30 A. M. at office temperature 98.6, pulse 100, respiration 20, has picked up since last seen. Has occasional bad nights, gets nervous on exertion, can not be out too long, more rest advised. 4/19/35 11:00 A. M. at office temperature 98.6, pulse 100, respiration 20, shows some improvement mentally, seemingly more composed. Is taking yeast (Meads) two tablets t. i. d., Blaads pills plain grs. X t. i. d. 4/25/35 10:00 A. M. at office temperature 98.6, pulse 90, respiration 20, more stable, still has tremor in hands, pains in back of head, anxious about her disfiguring scar and limited motion in right forearm and wrist. 5/4/35 at office 9:30 A. M. temperature 98.4, pulse 90, respiration 18, looks well except for facial expression which is anxious and worried. Has pains in head and restless at night at times. 5/11/35 at office 11:00 A. M. temperature 98.3, pulse 100, respiration 20, condition about the same as when last seen, complains of head, fearful and despondent at times. 5/25/35 10:30 A. M. at office temperature 98.6, pulse 96, respiration 24, a little more nervous, hands tremble and head is paining, taking yeast and iron. nembutal when too nervous and can not sleep. 6/8/35 3:30 P. M. at office temperature 98.6, pulse 90, respiration 20, more quiet, eating well, feels tired at night. Better except headache and fear that something will happen to her. [*792]

7/12/35 at office 3:00 P. M. temperature 98.6, pulse 90, respiration 20. general condition is good, still has pains and numbness in back of head in region of scar. Has nervous spells, some slight, most every day, apprehensive, takes nembutal or amytal as needed for quiet, also iron and yeast.

7/26/35 at office 3:30 P. M. temperature 98.6, pulse 90, respiration 20. more quieter than on last visit, eating well, tired at night, better except for headache and fear that something will happen to her.

8/10/35 at office 10:00 A. M. temperature 98.8, pulse 100, respiration 21. general appearance is good, little change in mental condition, not free from pain in head and wrist gives discomfort, has to take amytal grs. 1 1/2 most every day, sometimes two or three times.

8/24/35 at office 10:30 A. M. temperature 98.6, pulse 96, respiration 20. apprehensive and moody, complains often of pain in back of head. Blood pressure 110/70.

9/7/35 at office 4:00 P. M. temperature 99, pulse 100, respiration 21. has been feeling rather depressed last ten or twelve days. Head pains most every day, requires Empirin Comp. gr. x two or three times a day.

9/21/35 office 11:00 A. M. temperature 98.6, pulse 98, respiration 22. feels some better, headache has not been quite so severe, resting better at night except for scary dreams. Has discontinued iron, though taking yeast 10/5/35 office 10:00 A. M. temperature 98.6, pulse 90, respiration 20. has quite a bit of numbness and pain in back of head. Right hand pains and gets tired, takes amytal grs. 3/4 to grs. 1ss when nervous and can't sleep 11/3/35 10:00 A. M. office temperature 98.6, pulse 96, respiration 20. has pains in head, also numbness and some dizziness, despondent and depressed at times.

11/30/35 office 3:00 P. M. temperature 98.6, pulse 90, respiration 20. condition about same, no change in treatment.

12/22/35 office 10:00 A. M. temperature 98.6, pulse 98, respiration 20. pain and numbness in back of head, has been very pronounced the past week, also depressed at times.

1/19/36 office 11:00 A. M. temperature 98.6, pulse 90, respiration 20. has had a better time for past two weeks, though head constantly annoys her. seems to be more stable and not so apprehensive.

2/16/36 office 10:00 A. M. temperature 98.4, pulse 96, respiration 19. in good flesh color better, not so much tremor in hands, complains of numbness in back of head and dizziness at times.

3/1/36 office 10:30 A. M. temperature 98.4, pulse 100, respiration 21. she still seems to be some fear of being injured by another person, more stable than for some time, more rest advised. Have seen Miss F. M. Allen at more or less regular intervals since 3/1/36 up to date but have had no charge or records of them, she recently had a blood count which was normal except for slight increase in white cells and urinalysis which was negative, made by Terrells Laboratory, Medical Arts Bldg., Fort Worth, Texas, also seen recently by Dr. Wilmer L. Allison, Nervous and Mental Disease, Medical Arts Bldg., Fort Worth, Texas.

Miss Allen also had an X-ray of the head by Dr. Tom Bond, 815 Medical Arts Bldg., Fort Worth, Texas. The X-ray threw no light on the head, which I believe is due to severing so many muscles and nerves in back of head. [*793]

Miss Allen's condition shows marked improvement over what it was when she came home about 2/20/35. I believe her nervous system will become more stable as time goes on, but am fearful that the numbness and some pain in the back of the head will be permanent, as of course the disfiguring scars of the face and the limited movement in right forearm and wrist. 2/20/35 to 4/7/35 Inclusive, twenty-four house visits @ $3.00....... $72.00 4/13/35 to 3/1/36 Inclusive, twenty office visits @ $2.00............ 40.00 Total charge ..................................................... $112.00 2/31/37 paid $100.00, deducted $12.00.

On 5/31/37 when the hundred dollars was paid I cancelled the balance charged to her account, as I said before, have made no charges since 3/1/36.

House visit on 3/13/35 has been left out as an oversight.

This report is from my records.

Again asking your indulgence for the unavoidable delay.

Respectfully submitted, E. P. HALL, M. D. (Signed) Sworn to and subscribed before me this 14th day of July, 1937.

MAY WILLIAMSON, (Signed), Notary Public, Tarrant Co., Texas. (Seal) Copy.

STATEMENT.

Miss Katherine Stuart, 37 Elm Street, states that on May 12, 1934, she was employed by the Unemployment Relief Service, Stanford Park District, as Acting Assistant Supervisor.

On date aforesaid, I entered the building at 1701 String Street, offices of the Stanford Park district. Following me was Miss Frances Allen also an employee. When I had walked a short distance past the entrance, I heard a scuffling noise. I turned around and in the corner of the entrance hallway I saw a man with both his hands on Miss Allen's neck. She was struggling to free herself from him. Miss Allen screamed and leaned forward with her head bent down. Immediately there was severe hemorrhaging at her neck. (signed) KATHERINE STUART.

Exhibit IV.

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 Frances Allen vs. Illinois Emergency Relief Commission, the following Opinion is rendered, based upon the aforementioned statement: [*794] 594 ALLEN v. ILLINOIS EMERGENCY RELIEF COMMISSION.

We find that Frances Allen was employed by the Illinois Emergency Relief Commission as a case worker on the 12th day of May, A. D. 1934; that as she entered the Relief Offices at 1701 String Street, Chicago, Illinois, on the morning of that date, one Andrew Guerriero, a relief client of that Office, approached from the rear and struck her across the neck with a razor, causing a deep laceration eight inches long, penetrating the muscles down to the bone; another severe laceration across the face piercing through the nostrils, the septum of the nose, and laying the nose almost backward on the victim's forehead; another laceration on the right cheek about three and one-half inches long transverse across the level of the angle of the mouth. Another wound about two and one-half inches in length and about four inches above the wrist was inflicted across the right forearm, with cuts on the ring finger of the right hand. Claimant's assailant was speedily brought to trial in the Criminal Court of Cook County, was found guilty of assault with intent to kill and sentenced from one to fourteen years in the penitentiary.

Immediately after the assault the patient was removed to the Presbyterian Hospital and placed under the care of Dr. Edwin M. Miller, as surgeon, and Dr. Frederick B. Moorehead, a specialist in plastic surgery. It appears that the surgeons' bills and the hospital bill have been paid, in the sum of Five Hundred Fifty-two and 85/100 ($552.85) Dollars.

Subsequent to such treatment, claimant moved to Fort Worth, Texas, where she has been under the care of Dr. E. P. Hall, to whom she has heretofore paid the sum of One Hundred ($100.00) Dollars. An Opinion by Arbitrators Johannsen and Lisneck, of the Illinois Industrial Commission, appearing in the record indicates their view that the scars on claimant's neck, chin and cheek were permanent and that under the rules and practice of the Commission, a person in claimant's walk of life would be entitled to Two Hundred Fifty ($250.00) Dollars as a result of such scars.

It further appears that the injury to claimant's arm has not fully healed and has left her with limited motion in the right forearm and wrist, according to the statements by Dr.

Hall. That in addition to this, she suffers more or less continuous pain in the right hand and same tires easily.

From a consideration of the entire record we believe your Commission would be entirely justified in allowing claimant [*795] reimbursement for the One Hundred ($100.00) Dollars heretofore expended by her, for additional medical services in care necessitated by such accident. The description of the disfigurations to claimant's face and neck fully justify an award of Two Hundred Fifty ($250.00) Dollars. While the record is somewhat meager as to the percentage of lost motion and use of claimant's right arm, such record indicates a partial permanent loss of use of such right arm at an estimated figure of fifteen (15) per cent.

We are therefore of the opinion that your Commission is fully justified and may properly make settlement with claimant for an adjustment of all her claims in connection with said accident, in the sum of Eight Hundred Fifty ($850.00) Dollars, which sum it appears that claimant, on advice of Counsel, has offered to accept in full settlement of her injuries. Such settlement if made should be made payable out of any funds held by the Commission and allocated for such purpose, and should be conditional upon the dismissal of the claim now pending in this court under the title of Frances Allen vs. State of Illinois, C. of C., No. 2667.