Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, NO. 28.

Settlement of claim for $800.00 justified and found advisable.

EDWIN E. DENMAN, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion Filed September 13, 1938.

STATEMENT OF FACTS.

Edwin E. Denman, of McHenry, Illinois, claims to have sustained injuries on the 6th day of August, A. D. 1934, to his head, back, chest, and abdomen while working as a laborer for the Illinois Emergency Relief Commission on Project No. 8255-B10-41.

Said project was requested by C. F. Thompson, Acting Director, of the Department of Conservation, State of Illinois, for general repairs and alterations at the State Fish Hatchery, Spring Grove, Illinois, and was approved by A. R. Lord,

Illinois Emergency Relief Commission State Administrator

of Work Relief. Said project provided for work as follows: [*296] DINMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. "Grading on bank along south boundary; riprapping banks of large pond; and installation of 'bug lamps'." The total cost of said project was $2,607.30. Of this amount, $320.00 was furnished by the State Department of Conservation and the remainder was furnished by the Illinois Emergency Relief Commission. Said project was approved on May 31, 1934, and work was completed on December 13, 1934.

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 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. [*797]

DISMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. 297 Claimant was assigned to work on said project on the 6th day of August, 1934. Claimant had been assigned to other projects similar to the one above mentioned. In fact, claimant had been working with the work relief division of the Illinois Emergency Relief Commission since April 11, 1934. Claimant's assignments were for seven days' work each month, eight hours per day, and the rate of pay was forty (40) cents per hour.

Claimant was directed by the Illinois Emergency Relief Commission, Woodstock office, to appear at the Northwestern Depot at McHenry, Illinois, on the 6th day of August, 1934, and from there to go by truck to the State Fish Hatchery at Spring Grove, Illinois. On the day heretofore mentioned, claimant, with several other men, left McHenry, Illinois, for the Fish Hatchery. The truck in which the men were riding was owned and operated by the Division of Highways, State of Illinois. As the truck proceeded north on Johnsburg Road toward Spring Grove, it traveled about thirty (30) miles per hour until it came within one hundred (100) feet of State Route 60. As it neared the intersection, the truck slowed down to about fifteen (15) or twenty (20) miles per hour but did not stop and proceeded to cross Route 60. At the intersection, the front side of the left rear wheel of the truck was struck by an automobile driven east along Route 60 by one George Steiner. The collision caused the truck to turn over so that the front end was lying in the ditch on the north side of the pavement of Route 60. The rear end which swung around in a half circle was in the ditch on the east side of Johnsburg Road. When the truck turned over, claimant was thrown into the ditch. He was taken to Dr. C. W. Klontz at McHenry, Illinois, and Dr. C. W. Klontz took claimant to St.

Theresa's Hospital at Waukegan, Illinois, where claimant remained until September 1, 1934.

At the hospital, X-ray pictures were taken and claimant was placed on a fracture bed where he remained on his back for twelve (12) or thirteen (13) days. When he was moved from the fracture bed, he was placed in a hospital bed and stayed there until he left the hospital.

On or about November 1, 1934, more X-ray pictures were taken because claimant suffered intense pains in movement.

Accompanying these pains were severe headaches. Dr. C. W. Klontz and Dr. Freeland of Waukegan, Illinois, stated that [*798] 298 DUNCAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. at the time of the accident, the X-ray pictures showed a "fracture of transverse process of first lumbar, left shoulder shows separation of Acromio Clavicular ligament. Left elbow very sore, evidently was distorted but replaced itself. X-ray was negative. Lumbar region showed deep contusions and patient is passing blood thru kidneys, evidently there is a kidney injury." See Exhibit I. Claimant was asked to submit to another examination on June 25, 1937. Said examination was made by Dr. Emil Hauser, an outstanding orthopedic surgeon of Chicago, Illinois. At this examination, Dr. Emil Hauser found that there was no orthopedic treatment necessary to relieve the pains claimant complained of. Dr. Emil Hauser was of the opinion that claimant was exaggerating his symptoms. See Exhibit II.

Frank Sanders, an employee of the Department of Conservation, State of Illinois, the driver of the truck in which claimant was riding at the time of the accident, stated that he made a full stop before crossing Route 60 and that the cause of the accident was a corn field which obstructed his view to the west. Said statement contradicts the statement made by claimant. See Exhibit III.

Payment of medical bills 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, 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 * * *" [*799] 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 provisions of this Act."

Edwin E. Denman claims that from 1918 to 1933 he worked as a laborer on farms and that his rate of pay depended upon the crops produced on the farm he was operating, that the percentage for the year amounted to approximately Twenty-five Dollars ($25.00) per month and shelter.

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."

Dr. C. W. Klontz stated on September 22, 1937, that he was of the opinion claimant has a ten (10) per cent permanent and complete loss of the use of his back.

At the time of the accident, claimant was forty-two (42) years of age, lived with his wife and three children, all of whom were under sixteen (16) years of age.

Claimant filed a petition in the Court of Claims which is known as Edwin E. Denman vs. State of Illinois, No. 2691. Said claim is now pending before the court. A release and waiver has been secured by the Illinois Emergency Relief Commission and a stipulation to dismiss the above-entitled cause has been filed with the Court of Claims. Claimant and his attorney have agreed to accept Eight Hundred Dollars ($800.00) in full settlement of his injuries. [*800]

COPY.

ILLINOIS EMERGENCY RELIEF COMMISSION.

SURGEON'S REPORT.

How many children under 16 yrs. of age - 3 Name of Injured Person-Denman, Edwin.

Age-40; Married or Single-Married.

Residence-McHenry, Illinois.

Local Governmental Unit...........................................Proj. No.......

At whose request did you take charge of case?-Thos. McCafferty.

Date of your first examination - August 6, 1934; Where-Office.

Injuries consist of-X-Ray shows fracture of transverse process of first lumbar, left shoulder shows separation of Acromeo Clavicular ligament. Left elbow very sore, evidently was dislocated but replaced itself. X-ray was negative. Lumbar region showed deep contusions and patient is passing blood thru kidneys, evidently there is a kidney injury. An intravenous urogram was ordered but at present have no report.

When, where and by what means in your opinion were these injuries sustained?-State truck being turned over due to collision with passenger car while crossing highway south of Spring Grove, Ill.

Have you observed any physical impairment not the results of the above injuries?-No.

Explain fully surgical procedure up to and including this date-Left shoulder immobilized, patient placed prone on a fracture bed. Opiates to relieve pains which were very severe.

To what date do you deem further treatment necessary? Describe character and frequency-Cannot say at present.

How many days should injured lose from date of accident before he can resume his regular work?-Probably several months.

Has injured returned to work?-No.

In your opinion will the injuries result in death, loss of limb, sight, or any impairment of function? Explain fully.-Too early to give an answer.

Date of this report-August 9, 1934.

Signed-C. W. Klontz, M. D.; Address-McHenry, Ill.; Phone-181.

Exhibit 1.

COPY.

DR. EMIL HAUEN

8 South Michigan Avenue

Chicago

June 28, 1935.

Illinois Emergency Relief Commission

1319 South Michigan Avenue

Chicago, Illinois.

Re: MR. EDWIN E. DENMAN

DEAR SIR: Injured-Edward E. Denman, McHenry, Illinois. [*56]

DENMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. 801 History.-On August 6, 1934, Mr. Denman sustained an injury to the back. He was said to have a fracture involving the spine. As far as this could be determined, it was of a transverse process. He also had pain over the left lumbar area, and this pain had persisted. He gave a history of having had urine in the blood at that time. He has continued to complain of pain in this area ever since.

Present Complaint.-On June 23, 1937 he came to my office for examination, complaining of pain in the left lumbar area.

Examination.-Physical findings were essentially negative, except for tenderness over the left lumbar area in the region lateral to the upper lumbar vertebrae, and below the chest cavity. Pressure over the ribs as well as over the vertebrae themselves did not give rise to any symptoms. The motion in the spine was good; it was free and apparently without pain.

The reflexes were normal.

Treatment.-Advised that a thorough urinary study be made of the kidney on the side of the complaint, if this has not already been done. I feel there is no orthopedic treatment necessary to relieve the symptoms of which he is complaining. The back was strapped as a test to obtain the reaction of the patient. The patient's response to simple tests suggested the idea that there was an exaggeration of the symptoms.

Conclusions.-The old fracture of the transverse process, as seen in the X-ray, in my opinion could not account for the symptoms of which the man is complaining at the present time. (Signed) EMIL HARNER.

E.H: ah EXHIBIT II.

COPY.

Report of an accident involving Illinois Emergency Relief men on August 6, 1934 near Spring Grove.

The following is the statement of Frank Sanders: I am regularly in the employ of the Department of Conservation of the State of Illinois, and drive the Department truck for the Fish Hatchery in Spring Grove. According to instructions on the morning at August 6th I drove to McHenry and picked up five relief workers to transport them to work at the hatchery. I was going north on the Johnsburg-Spring Grove road, and upon arriving at the intersection with Illinois Route No. 60 I came to a full stop within about twenty feet of the pavement. The approach from the west was somewhat obscured by a cornfield. At each corner of the intersection is a concrete culvert.

Upon looking in both directions, and observing that the road was clear, I started the truck in second gear. Upon arriving a little past the center of the road, I glanced to the left, and observed a car headed directly for us. The collision occurred almost immediately, and my truck was thrown off of the road to the right facing west, and tipped over. The man driving the Buick automobile later gave me his name as Stiener, Chicago. Another truck filled with ice stopped, when observing the collision, and took me to Spring Grove where I notified Mr. McCafferty, Supt. of the Fish Hatchery. He immediately returned to the scene of the accident, and took the injured relief workers to a doctor. -56 [*802] Upon checking the tire marks of both the truck and of the automobile, I found that the rear wheels of the truck were approximately three feet north of the center line of the highway when we were struck. There were no marks on the pavement showing that brakes had been applied by Mr.

Stiener before striking us.

It is difficult to estimate the speed at which Stiener was traveling but I am sure that it was a high rate, and the driver of the ice truck whom Mr. Stiener had passed shortly before told me that the automobile that struck us was traveling at an excessively high rate of speed. (Signed) FRANK SANDERS.

Exhibit III.

SUPPLEMENTAL STATEMENT OF FACTS.

In the Supplemental Statement of Facts, the Illinois Emergency Relief Commission wishes to show claimant's total temporary incapacity.

Statement of Facts which were submitted to the Honorable Court of Claim on or about the 1st day of November, 1937, alleges that claimant sustained an accidental injury on or about the 6th day of August, 1934, and that as a result of the injury, claimant was compelled to remain in the St. Theresa's Hospital, Waukegan, Illinois, until the 1st day of September, 1934, Dr. C. W. Klontz, McHenry, Illinois, attending physician, informed the Illinois Emergency Relief Commission by telephone on the 8th day of August, 1938, that his records showed that from the date of the accident until the 15th day of November, 1935, the claimant was temporarily totally incapacitated; that during the alleged period of incapacity, claimant was seen by Dr. Klontz on an average of twice a week. Dr. Klontz further informed the Illinois Emergency Relief Commission that he applied infra-red lamp treatment to the claimant's back for about one hour on each visit, and then strapped the back with adhesive tape. It was necessary to remove the adhesive tape every three or four days to avoid skin irritation. Dr. Klontz further stated that on or about the 15th day of October, 1935, he asked the claimant to do a few chores around his home; such as spading around the shrubbery. Claimant had only worked a few minutes when he came into the office complaining of dizziness and pain in the lumbar region of the back. Dr. Klontz further informed the Illinois Emergency Relief Commission that at this date the claimant is doing light work for the Works Progress Administration in McHenry County. The doctor is of the opinion [*803] DENMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. 303 that claimant is able to do any kind of labouring work that is assigned to him at this time.

ADVISORY OPINION BY MR. JUSTICE YANTIS.

To the Illinois Emergency Relief Commission: Pursuant to your request for an Advisory Opinion, based upon the statement of facts submitted by you in the matter of the claim of Edwin E. Denman vs. Illinois Emergency Relief Commission (No. 28), the court finds: That on August 6, 1934 Edwin E. Denman of McHenry, Illinois, was assigned to work on Project No. 8255-B16-41 for general repairs and alterations at the State Fish Hatchery at Spring Grove, Illinois. On the day stated claimant with other workmen was riding in a truck owned and operated by the Division of Highways of the State of Illinois, enroute from McHenry to the State Fish Hatchery at Spring Grove. As the truck neared the intersection with State Route No. 60 and the Johnsburg Road, it slowed down but did not stop.

The front side of the left rear wheel was struck by an automobile that was traveling eastward on Route No. 60, driven by one George Stiener. The truck was turned over and the rear end swung around in a half circle in the ditch on the east side of the Johnsburg Road. Claimant was thrown into the ditch and sustained "a fracture of the transverse process of first lumbar, with left shoulder showing separation of Acromio Clavicular ligament; left elbow dislocated, lumbar region showing deep contusions and causing kidney injury resulting in passing of blood." Various X-ray pictures were taken.

Claimant was put on a fracture bed in the Hospital at Waukegan and was examined by Dr. Emil Hauser, Orthopedic Surgeon of Chicago.

From a supplemental statement filed herein, it further appears that Dr. C. W. Klontz, of Waukegan, who attended claimant during his convalescence, treated the patient on an average of twice a week from the date of the injury, that the latter was compelled to remain in the Hospital until the 1st day of September, 1934, and that he was temporarily and totally incapacitated from the date of the accident until the 15th day of November, 1935.

It further appears from the statement submitted that claimant was forty-two years of age and lived with his wife [*804] and three children, all of whom were under sixteen years of age at the time of the accident in question; that claim and has heretofore filed a claim in this court entitled, Edwin E. Denman vs. State of Illinois, Court of Claims, No. 2691; further, that he and his attorney have entered into a stipulation with your Commission that they will dismiss said claim upon a settlement by your Commission with him, in the sum of Eight Hundred ($800.00) Dollars in full satisfaction of all rights and demands which he might have growing out of said accident.

The court is of the opinion and we find that at the time of the accident in question, claimant and his employer were operating under and bound by the provisions of the Workmen's Compensation Act; that said accident arose out of and in the course of such employment; that the period of temporary total incapacity as shown by the statement submitted was in excess of sixty-four (64) weeks, and that claimant would be entitled to not less than the said sum of Eight Hundred ($800.00) Dollars, in satisfaction of temporary total disability under the provisions of section 8 of the Workmen's Compensation Act of Illinois.

We therefore find that the proposed settlement may properly be made with the claimant. We are further of the opinion that such claim should be subject to the following provisions, to-wit: First: That the claim of Edwin E. Denman vs. State of Illinois, Court of Claims, No. 2691, now pending in the Court of Claims should be dismissed.

Second: That payment of the above compensation shall be made by the Illinois Emergency Relief Commission out of any funds held by it and allocated for the payment of such claims.