ILLINOIS EMERGENCY RELIEF COMMISSION, No. 31. Settlement of claim proposed by claimant not advised. CLARA E. BAILEY, Claimant v. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.
ILLINOIS EMERGENCY RELIEF COMMISSION, No. 31.
Settlement of claim proposed by claimant not advised.
CLARA E. BAILEY, Claimant vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.
Opinion filed December 20, 1938.
STATEMENT OF FACTS.
Clara R. Bailey, 722 South 4th Street, Greenville, Illinois, claims to have sustained an injury on the 30th day of November, 1934, to her back and left side while working as an accounting supervisor for the Bond County Emergency Relief Committee, 101 East Oak Street, Greenville, Illinois.
The duties of an accounting supervisor are to prepare financial statements for the Illinois Emergency Relief Commission showing disbursements which have been made by the local relief office; also to interview clients who have been assigned to work relief and to make reports to the Illinois[*821]Emergency Relief Commission as to the progress made on work relief projects throughout the county.
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 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 manner 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, elevators and boilers, all of which are governed by municipal ordinances.
On the day heretofore mentioned, claimant was performing her usual duties in and about the relief office when she arose from her chair to reach for certain papers which were on the far corner of her desk, and as she attempted to sit down, she misjudged the position of her chair, striking the projection [*822] protruding from the side of the desk and the floor. Claimant continued to work throughout the day and also the following day but complained to Harry A. McLain about the soreness in her side and back.
Harry A. McLain, Greenville, Illinois, former executive director of the Bond County Emergency Relief Committee, informed the Illinois Emergency Relief Commission that on November 30, 1934, he witnessed the accident which occurred to Clara R. Bailey. See Exhibit 1.
Claimant was under the care of Dr. H. D. Cartwell, Greenville, Illinois, from the 3rd day of December, 1934, to the 27th day of December, 1934. Dr. H. D. Cartwell testified at the hearing on September 11, 1936, which evidence was taken in the office of Meyer & Meyer, Greenville, Illinois, that Clara R. Bailey came to his office on the 3rd day of December, 1934, at which time the patient complained of soreness of her left side and back and that said soreness was caused by a fall she had sustained while working for the Bond County Emergency Relief Committee. At this time the patient was strapped and told to remain in bed as there was a possibility of a slight infection in the kidney. Dr. Cartwell further testified that the patient responded to treatment and that the last treatment he rendered was on the 27th day of December, 1934. Dr. Cartwell further testified that the bill rendered the patient for his services was Fourteen Dollars ($14.00).
Dr. A. M. Keith, Greenville, Illinois, testified at the hearing on September 11, 1936, that Clara R. Bailey first appeared at his office on the 13th day of February, 1935. At that time the patient complained of a sore back and stiffness about the shoulders and neck and that she had informed him that she had been receiving treatment from Dr. H. D. Cartwell but she had discharged Dr. Cartwell and wished to be treated by him because he was an osteopath. Dr. Keith further testified that he treated the patient until the 8th day of June, 1935, when he considered that the patient had recovered and was not in need of further treatment. Dr. Keith further testified that Clara R. Bailey was rendered a bill in the sum of Sixty Dollars ($60.00) for professional services; further that Forty Dollars ($40.00) of the above amount had been paid by the patient.
As a result of the accident, claimant has incurred medical and doctor bills in the sum of Seventy-Four Dollars ($74.00), [*823] part of which has been paid by her, and the remaining sum is still due said doctors.
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.
At the time of the accident, claimant was married and had two children under sixteen years of age.
Claimant is not asking for temporary total or permanent total disability as she received her full salary in the sum of One Hundred Dollars ($100.00) per month during the period of her disability.
In the course of claimant's work, electrically driven motors were operating in said building. There was also a steam boiler operating in the basement.
Section 3, sub-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. * * *" Claimant has agreed to accept Seventy-four Dollars ($74.00) in full settlement for her injuries and further to dismiss the suit which is known as Clara N. Bailey vs. State of Illinois, No. 2739, which is now pending before the Court of Claims. Claimant has also executed releases and waivers to the Illinois Emergency Relief Commission. [*824] 821 BAILEY v. ILLINOIS EMERGENCY RELIEF COMMISSION.
COPY.
ILLINOIS EMERGENCY RELIEF COMMISSION.
PRELIMINARY REPORT OF ACCIDENT.
Report in Duplicate to Workmen's Protection Dept., 1319 S. Michigan Ave., Chicago, Illinois.
Local Governmental Unit: Bond Co. Emergency Relief
Com. Project No............ Office Address: Street
and No.: 101 E. Oak St. County: Bond. City or Vil lage: Greenville, Ill.
Employer, Nature of Work: Accounting Supervisor.
Place and Time Location of place where accident happened-Street and No.: 101 E. Oak St. County: Bond. City or Village Greenville, Ill.
Date of Accident: Nov. 30, 1934. Hour of Day: 10:00 o'clock a. m.
Name of Employee: Clara E. Bailey. Address: Greenville Ill.
Age: .........Sex: Female. Speak English? Yes No Nationality: American.
Identification No.........Single........Married....
Divorced.........
Injured Occupation when injured: Accounting Supervisor Employee Was this regular occupation? Yes.
Wages or average earnings per day: $100 per month Working hours per day: 8 hours. Working hours per week: 44. Per month: 176. Average weekly wages: $25. How long employed: 14 months.
If injured under sixteen years have you his school certificate on file?
Describe in Full How Accident Happened: Missed chair on attempting to sit down at desk, injuring, on chair lower left side.
Cause Names and addresses of witnesses to the accident: Harry (Use back of form A. McLain, Greenville, Ill.; Charles E. Lewis, Green if more space is ville, Ill. needed) Name of machine, tool or appliance in connection with which accident occurred: by what power driven ..................;hand feed or mechanical feed part on which accident occurred.
State exactly part of person injured and nature of injury: Lower left side, see doctor's report.
How many children under 16 years of age has injured?
Two. Give age of each: 11, 14. Did injury cause loss of any member or part of member? If so, describe exactly .................................................... [*825]
Days lost from work on account of accident.........
Attending physician or hospital where sent.........
Name and address: Dr. H. D. Cartwell.
Has injured employee returned to work? No. If so, give date........... Has any relief or other monetary assistance been given? No. Amount........... Amount paid for hospital or medical services, if any $...........
None.
If Fatal: Date of employee's death...........
Length of disability before death...........
Single or married...........
Name and P. O. Address of a relative or friend of the deceased...........
Date of this report: Dec. 5, 1934. Made out by Harry A. McLain. Title: Executive Director.
EXHIBIT I. Nature and Extent of
Injury
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 Clara E. Bailey vs. Illinois Emergency Relief Commission, the following Opinion is rendered, based upon the aforementioned statement: In November, 1934 claimant was employed as an accounting supervisor for the Bond County Emergency Relief Committee, at 101 East Oak Street, Greenville, Illinois. From the statement of facts submitted by respondent, the following appears: On the 30th day of November, 1934 while performing her usual duties in and about the Relief Offices she arose from her chair to reach for certain papers which were on the far corner of her desk, and as she attempted to sit down claimant misjudged the position of her chair, striking the projection protruding from the side of the desk and the floor.
She continued to work through that day and the following day, but complained to the Executive Director of the Bond County Emergency Relief Committee about soreness in her side and back. Mr. McLain apparently witnessed the accident, and made a report of same on December 3, 1934, showing that claimant had been directed to Dr. H. D. Cartmell.
From statements attributed to Dr. Cartmell it appears that she went to him on December 3rd, complaining of soreness in [*826] her left side and back; that Dr. Cartmell taped her sides and told her to remain in bed; that she responded to treatment and that the last treatment he gave her was on the 27th day of December, 1934. His bill for such services was Fourteen ($14.00) Dollars and the record does not disclose whether same remains unpaid, or by whom paid.
After being discharged by Dr. Cartmell, claimant appears to have gone at her own accord to an osteopath by the name of Dr. A. M. Keith, who treated the patient until the 8th day of June, 1935, when he considered that she had recovered and was in need of no further services. It further appears that he rendered claimant a bill for Sixty ($60.00) Dollars, Forty ($40.00) Dollars of which has been paid by her. It further appears that her full salary at the rate of One Hundred ($100.00) Dollars per month was paid to her during the time of her disability; the total amount that was so paid to her for unproductive time being One Hundred Ninety-nine and 97/100 ($199.97) Dollars. Thereafter she filed a claim known as Clara E. Bailey vs. State of Illinois, No. 2739, in this court, and under your statement of facts submitted, indicates her willingness to settle whatever right she may have, including unpaid doctor bills, for the sum of Seventy-Four ($74.00) Dollars. By her statement, in a transcript of evidence submitted from the Attorney General's office, it appears that she was incapacitated from work from December 2nd to December 27, 1934, and from February 9, 1935 to March 25, 1935, a total of nine (9) weeks.
There is considerable question in the court's mind from the statement of facts submitted as to whether claimant's accident is compensable. Her duties were apparently entirely clerical and there is nothing in the record to show that she was brought into contact with relief clients, or that any part of her work subjected her to hazardous exposure. However that may be, we are of the opinion that no compensation would be due, for it further appears that for the nine weeks during which she was absent from work during December, February and March, she was paid approximately One Hundred Ninety-nine and 72/100 ($199.72) Dollars. All of this was for unproductive time during which, compensation, if payable, would have amounted to only One Hundred Eight ($108.00) Dollars. Therefore, Ninety-one and 72/100 ($91.72) Dollars would be chargeable against any award to which she [*827] might be entitled for any additional time. There is nothing in the record to disclose that she would be entitled to an award in excess of such sum, and therefore in the opinion of the court payment of the further sum of Seventy-five ($75.00) Dollars to her by your commission, in settlement of her demands is not justified; nor would claimant be entitled to any award by this court upon the record before us. Her employment of Dr. Keith was without apparent authority from her superiors and was entirely upon her own initiative, and she would not be entitled, under the terms of the Workmen's Compensation Act, to any award and payment for such services.
We therefore recommend that the proposed settlement be declined.