Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 29.

Settlement of claim for $390.00 justified and found advisable.

JOHN SCHEURING, Claimant vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed December 14, 1937.

STATEMENT OF FACTS.

John Scheuring, Harvard, Illinois, claims to have sustained an injury to his left leg on the 1st day of May, A. D. [*805] SCHURING v. ILLINOIS EMERGENCY RELIEF COMMISSION. 505 1935, while working as a laborer for the Illinois Emergency Relief Commission on Project No. S255-B2-121.

Said project was requested by the State of Illinois, Division of Highways for work on State maintained roads in McHenry County, Illinois, by R. T. Cash, District Engineer, Elgin, Illinois, and was approved by A. R. Lord, State Administrator of Work Relief, on October 31, 1934. Work on said project, consisting of planting, guying, wrapping, trimming and watering trees, cutting back and sodding steep backslopes, laying tile lines, and removing and erecting right of way fences, was begun on November 23, 1934, and was discontinued August 31, 1935. The total cost of said project was $22,052.31. Of this amount $12,277.65 was furnished by the Illinois Emergency Relief Commission.

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 [*806] 506 SUPERING v. ILLINOIS EMERGENCY RELIEF COMMISSION.

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 17th day of April, 1935, and continued to work on said project until the day of his accident. Claimant had been assigned to similar work relief projects previous to the one heretofore mentioned. In fact, claimant had been working on work relief projects for two (2) years prior to the date of his accident. At the time of the accident, claimant had been working approximately thirty-two (32) hours per week on said project and for his services received forty cents (40¢) an hour. Claimant's total earnings per month were approximately Fifty-two Dollars ($52.00).

On the day of the accident, claimant was instructed by Mr. Desman, employee of the State of Illinois, Division of Highways, to work in a gravel pit at Fox River Grove, Illinois. The work in the gravel pit consisted of shoveling gravel from the pit into trucks belonging to the Division of Highways. As claimant was in the process of shoveling gravel into a truck, a large rock about the size of a bushel basket, weighing approximately one hundred (100) pounds, became loose and rolled into the pit, pinning claimant against the truck. As a result, claimant suffered fractures of both bones in his left leg.

Dr. W. J. Copeland, of Cary, Illinois, was called immediately. Dr. Copeland arrived at the scene of the accident within a half hour and took claimant to the Harvard Community Hospital, Harvard, Illinois. See Exhibit 1. On July 25, 1935, Dr. W. J. Copeland estimated that the time of claimant's total disability from the date of injury would be six (6) months and that thereafter there would be a permanent partial disability of approximately ten (10) per cent. See Exhibit 11.

The records of the Harvard Community Hospital show that claimant was admitted on May 1, 1935; that claimant was carried into the hospital on a stretcher; that X-ray films were taken which showed fractures of both bones of his left [*807] leg; that a plaster cast was applied and that claimant was placed in a fracture bed; that claimant remained in said hospital until August 9, 1935; and that at the time of his discharge, claimant walked on crutches.

At the time claimant was admitted to the hospital, Dr.

W. J. Copeland asked Dr. C. J. Maxon of Harvard, Illinois, to assist him in this case. On March 24, 1937, Dr. C. J. Mason stated that X-ray pictures taken on May 1, 1936, showed perfect union, but because claimant was seventy (70) years old, there was not much possibility of his having more than seventy (70) per cent use of his leg and that there would always be some stiffness in his ankle and weakness in his leg.

Claimant's accident was witnessed by Helmeth C. Doeck, also employed on the work relief project, who was working in the gravel pit with claimant. On March 24, 1937, Helmeth C. Doeck stated that after claimant's accident, the Division of Highways discontinued employing laborers in the gravel pit because of the unsafe working conditions and thereafter used a steam shovel to remove gravel from the pit.

Claimant's accident was in the course of, and arose out of, his employment. In the course of claimant's employment, sharp-edged cutting tools, such as mattocks, saws, chisels, picks and shovels, were used.

Section 3 of the Workmen's Compensation Act of the State of Illinois provides: "The provisions of this Act hereinafter following shall apply automatically and without election to the State, county, city, town, township, incorporated village or school district, body politic or municipal corporation, and to all employers and all their employees, engaged in any department of the following enterprises or businesses which are declared to be extra hazardous, namely: * * * 7½. Any enterprise in which sharp edged cutting tools, grinders or implements are used, including all enterprises which buy, sell or handle junk and salvage, demolish or reconstruct machinery, except as provided in subparagraph 8 of this section. * * *" The Illinois Emergency Relief Commission had notice of the accident and demand for compensation was made within six months after the accident.

Medical and hospital bills have been paid by the Illinois Emergency Relief Commission.

Section 8, paragraph (a), of the Workmen's Compensation Act of the State of Illinois provides: [*808] "The employer shall provide the necessary first aid medical and surgical services, and all necessary medical, surgical and hospital services therefor, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury. * * *" Claimant and his wife have been receiving Old Age Assistance in the sum of Twenty-eight Dollars ($28.00) per month since March 24, 1937. Claimant has had no employment since the day of the accident and claims he is unable to do manual labor because his left leg will not support his weight and stiffness in his ankle impairs his walk. Claimant's last employment previous to his work relief assignments was in 1931, when he was employed by one Robert M. Fritz, real estate dealer, as a laborer, cutting brush and repairing fences. For his services he received forty cents (40c) per hour. Claimant has done manual labor all during his life and his approximate wage was forty cents (40c) per hour, working approximately forty-eight (48) hours per week. At the time of the accident, claimant had no children under sixteen (16) years of age.

Section 8, paragraph (e), of the Workmen's Compensation Act of the State of Illinois provides: "For injuries in the following schedule, the employees 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."

Section 8, paragraph (e), sub-paragraph 15, of the Workmen's Compensation Act of the State of Illinois provides: "For the loss of a leg, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during one hundred and ninety weeks."

Claimant and his attorney have agreed to accept Three Hundred Ninety Dollars ($390.00) in full settlement for his injuries. Releases and waivers have been secured by the Illinois Emergency Relief Commission for this amount. No claim has been filed against the State of Illinois in the Court of Claims. [*809]

SCHERING v. ILLINOIS EMERGENCY RELIEF COMMISSION. 309 COPY.

W.R. #A

1-25 I. E. R. C. PHYSICIAN'S REPORT.

Name of Injured Worker-Scheuring John (Last Name) (Middle Name) (First Name) Residence Address- Harvard, Ill. McHenry. (Street and Number) (City or Village) (County) Age-69; Sex-Male; Single-....; Married-Yes; No. of Children-1.

Project No.-8266-D2121; Employing Agency-State of Ill. Div. of Highways.

At Whose Request Did You Take Care of This Case?-Gustave Hoglund.

Date and Time of Your First Examination- Wed. May 1 1935 at 3:30 P. M. Day of Week Month Date Year Time Where Was the Examination Made?-At Fox River Grove, Highway No. 12.

Injuries consist of?-Fracture of both bones of left leg-the tibia at lower 1/3 and fibula at upper and lower 1/3's.

When, in your opinion, were these injuries sustained?-May 1, 1935.

By what means, in your opinion, were these injuries sustained?-Cave in of bank with large stone hitting leg.

Have you observed any physical impairment not the result of the above injuries? If so, what?-No.

Explain fully medical or surgical procedure or treatment up to and including this date.-Temporary wood splint-to Harvard Hospital-X-Ray settingsplinting in plaster case bivalved.

To what date do you deem further treatment necessary? Describe character and frequency-At least 2 mos.

How many days, in your opinion, should injured lose from date of accident before he can resume his regular work?-At least 3 mos.

In your opinion, will the injuries result in death, loss of limb, sight, or any impairment of function? Explain fully-May be some shortening of leg or stiffness of ankle.

Date of This Report-5/1/35.

Signed-W. J. Copeland, M. D.; Telephone-Gary No. 9.

Address- Gary, Ill. McHenry. (Street and Number) (City) (County) Exhibit 1.

COPY.

DR. WILLIAM J. COPELAND

Physician and Surgeon

Gary, Illinois

7/25/35 Ill Emerg. Rel. Com.

Chicago, Ill.

GENTLEMEN: This is to give you an estimate of the disability of John Scheuring, Harvard, Ill., injured 5/1/35. [*810]

I estimate that the time of total disability from the date of injury will be 6 months, and that thereafter there will be a permanent partial disability of approximately ten per cent.

Respectfully yours, W. J. CORTLAND, M. D. EXHIBIT H. ADVISORY OPINION BY MR. JUSTICE YANTS.

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 John Scheuring vs. Illinois Emergency Relief Commission, the following Opinion is rendered, based upon the aforementioned statement: Such statement discloses that Claimant John Scheuring had been employed by the Illinois Emergency Relief Commission for approximately two years prior to May 1, 1935, during which time he had worked on various Relief Projects, being employed approximately thirty-two hours per week, at Forty (40) Cents per hour, or a yearly total of Six Hundred Twenty four ($624.00) Dollars. On the date stated he was shoveling gravel from a pit at Fox River Grove, Illinois, into trucks belonging to the Division of Highways of Illinois, on road work in McHenry County on Project No. 8255-B2-121. While so engaged a rock weighing approximately one hundred pounds rolled into the pit, pinning claimant against the truck and resulting in a fracture of both bones in his left leg. Immediate medical care was given, and claimant remained in the Harvard Community Hospital from the date of the accident until August 9, 1935. When discharged from the hospital he was still walking on crutches, and on March 24, 1937 Dr. C. J. Maxon who had assisted in caring for the patient at the time of the injury, stated that X-ray pictures taken on May 1, 1936, showed a perfect union of the broken bones, but that because claimant was seventy (70) years old, there was not much possibility of his having more than seventy (70) per cent use of his leg, and that a stiffness in the ankle and weakness in the leg would always exist.

The statement further shows that claimant has been unemployed since the accident, but that he and his wife had been [*811] receiving Old Age Assistance from the State of Illinois, in the sum of Twenty-eight ($28.00) Dollars per month since March 24, 1937, and that he had no children at the time of the accident who were then under the age of sixteen years.

It further appears that all medical and hospital bills have been paid by the State and that claimant, by and with the advice of his Attorney, has agreed to accept Three Hundred Ninety ($390.00) Dollars in full settlement for the injuries sustained by him in the accident in question.

The statement sufficiently discloses: That claimant sustained an injury while employed by the respondent; That the injuries received are compensable under the terms of the Workmen's Compensation Act; That the purported settlement of Three Hundred Ninety ($390.00) Dollars is within the amount to which claimant would be entitled for temporary total disability and thirty (.30) per cent specific loss of use of claimant's left leg; all as provided for under Sections 8 (b), 8 (e), 15 and 17 of the Illinois Workmen's Compensation Act.

We therefore find that such settlement by the I. E. R. C. with claimant is legally justified. While no claim has heretofore been filed by claimant in the Court of Claims, the release that will be obtained by the Commission in making the above settlement should be so drawn as to preclude the filing of any such claim hereafter.

ILLINOIS EMERGENCY RELIEF COMMISSION. No. 30.

Settlement of claim for $3,000.00 justified and found advisable.