Robert C. Eardley v. Illinois Emergency Relief Commission

ROBERT C. EARDLEY, Claimant vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed September 14, 1938.

STATEMENT OF FACTS.

Robert C. Eardley, 527 Melrose Street, Chicago, Illinois, claims to have sustained a laceration and contusion to the right side of his forehead and an injury to his back on the 25th day of January, 1938, while working as a legal representative for the Illinois Emergency Relief Commission.

Mr. Eardley had various duties to perform as a legal representative for the Illinois Emergency Relief Commission such as; prepare and try civil suits in the Circuit, Superior, County and Municipal Courts in Chicago and throughout the State; assist the Assistant State's Attorney in prosecution of fraud cases where the Relief Commission is involved; file claims in the Probate and County Courts against estates where deceased had secured relief by perpetrating a fraud; investigate indiscretions committed by relief recipients or employees in Chicago and throughout the State; interview in the office relief recipients who have threatened or intimidated case workers in the district offices or caused disturbances there.

On the day heretofore mentioned, Mr. Eardley and Mr.

R. M. Hilliard, his superior, were driving to Springfield, Illinois, on State Route No. 66 in a 1938 Studebaker Sedan, which was being operated by Mr. Hilliard. When the car was approximately one mile north of Atlanta, Illinois, the car struck a thin sheet of ice and suddenly swerved to the left hand side of the road and headed for the ditch. When the car struck the soft shoulder on the side of the road, it rolled over four times. As a result of the accident the car was completely demolished.

After the accident, Mr. Eardley was in a semi-conscious condition so was immediately taken to Dr. R. Lynn Ljam's office, Atlanta, Illinois, where the laceration on the forehead was sutured and treatment for shock was administered. From there, Mr. Eardley was taken by ambulance to St. Clara's [*838] Hospital, Lincoln, Illinois, where tetanus serum was injected and X-ray pictures were taken of his chest and back. The following day, Mr. Eardley was removed to Chicago, Illinois, and placed in the Passavant Memorial Hospital, where more X-ray pictures were taken. Mr. Eardley remained in said hospital until January 30, 1938.

Mr. Eardley was attended by Dr. James K. Stack, who is an orthopedic surgeon, and also by Dr. William A. Mann and Dr. Leander W. Riba.

Record of the Illinois Emergency Relief Commission show that from September, 1933, to and inclusive of July, 1938, there have been 532 disorderly conduct and assault and battery cases involving case workers and other employees 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, 499 were prosecuted in the Criminal Courts throughout the State. Of said number, 316 were found guilty of the charges heretofore alleged and 89 of said number were found not guilty; 43 of said number were dismissed by the court, and 33 of said number were dismissed for want of prosecution; 17 of said number were discharged and then sent to psychopathic hospitals, and one individual was committed directly to a psychopathic hospital.

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 business which are declared to be extra hazardous . . ."

Section 3, subsection 8, of the Workmen's Compensation Act of the State of Illinois provides:

"In an 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; Provided, nothing contained herein shall be construed to apply to any work, employment or operations done, had or conducted by farmers and others engaged in farming, tillage of the soil, or stock raising, or to those who rent, demise or lease land for any such purposes, or to any one in their employ or to [*839] EARDLEY t. ILLINOIS EMERGENCY RELIEF COMMISSION. 839 and work done on a farm or country place, no matter what kind of work or service is being done or rendered."

Section 8, subsection (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 * * *" The doctors, hospitals, and medical bills are as follows: Dr. R Lynn Ijams..............................................$ 15.00 Said sum includes suturing of laceration and treatment for shock.

Dr. James K. Stack............................................$ 250.00 Said sum includes removing of sutures, examination and treatments.

Dr. William A. Mann...........................................$ 15.00 Said sum includes examination for treatment of the right eye.

Dr. Leander W. Riba...........................................$ 3.00 Said sum includes examination of kidneys.

St. Claras Hospital...........................................$ 19.05 Said sum includes X-ray pictures, tetanus serum, emergency care and board.

Passavant Memorial Hospital...................................$ 51.45 Said sum includes X-ray pictures, chemistry, drugs and board.

Ultra-Ray Lamp ...............................................$ 39.75 Infra-Red Lamp ...............................................$ 8.50 Sacro Iliac Belt..............................................$ 12.00 Steam Baths ..................................................$ 40.00 Doctors, hospitals, and medical bills have been examined and found to be reasonable and fair for services rendered.

The total sum of $453.75 has been incurred as a result of said accident. The sum of $100.25 of this amount has been paid by Mr. Eardley. There remains $353.50 unpaid at this date.

Said accident arose out of, and was in the course of Mr.

Eardley's employment. The Illinois Emergency Relief Commission had notice of said accident shortly after it occurred.

Mr. Eardley's claim is for doctors, hospitals, and medical care and no claim is being made for temporary total or permanent total disability. [*840] 810 FARLEY v. ILLINOIS EMERGENCY RELIEF COMMISSION.

SUPPLEMENTARY STATEMENT OF FACTS.

In the supplementary statement of facts the Illinois Emergency Relief Commission wishes to show the powers and duties of 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 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 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 Departments, 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 Shop manufactures 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 Division furnishes men to the State Highway Departments, counties, townships, cities and parks for general maintenance work. All of the above enterprises or projects use sharpedged 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. [*841]

EARDLEY v. ILLINOIS EMERGENCY RELIEF COMMISSION. 811 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 Robert C. Eardley vs. Illinois Emergency Relief Commission, the following Opinion is rendered, based upon the aforementioned statement:

It appears from the statement of facts submitted that claimant was, on the 25th day of January, A. D. 1938, employed as a legal representative for the Illinois Emergency Relief Commission.

That in addition to his duties of appearing and trying civil suits in the various courts of this State, he was required to assist the States Attorney's Office in the prosecution of fraud cases involving relief clients, and in connection therewith to file claims in the Probate and County Courts where relief was charged to have been secured by fraud. His duties further necessitated investigation by him of improper actions committed by relief recipients throughout the State, and to interview such relief recipients who have threatened or intimidated case workers or caused disturbances in the District Offices of the Commission. That on the day stated Mr. Eardley, while in the course of his duties, was driving to Springfield, Illinois on State Route No. 66 in the car then operated by his superior, Mr. R. M. Hilliard, approximately one mile North of Atlanta, Illinois, the car struck a thin sheet of ice, swerved to the lefthand side of the road, rolled over four times and was completely demolished. Claimant was rendered semi-conscious by the accident and was immediately taken to a Doctor's Office at Atlanta, Illinois, where first-aid was rendered and sutures taken in the cuts in the forehead.

From there he was taken by ambulance to the hospital at Lincoln, Illinois, and the following day was removed to Chicago Passavant Memorial Hospital, where he remained until January 30, 1938. It further appears from the supplemental statement filed herein that:

"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 Bar Statutes 1935 sets out the duties of said commission which are as follows: [*842] "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 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 Departments, 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 Shop manufactures 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 Division furnishes men to the State Highway Departments, counties, townships, cities and parks for general maintenance work. All of the above enterprises or projects use sharpedged 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."

The records of the I. E. R. C. show that from September, 1933 to July, 1938 there have been five hundred thirty-two (532) disorderly conduct and assault and battery cases in volving case workers and other employees of the I. E. R. C. said assaults being perpetrated by relief recipients in the course of their contacts with I. E. R. C. employees. Of this number four hundred ninety-nine (499) were prosecuted in the Criminal Courts of the State. Seventeen (17) were sent to psychopathic hospitals and three hundred sixteen (316) others found guilty of the charge.

We have heretofore held that case workers who have suffered accidental injuries in the course of the performance of their duties for the Illinois Emergency Relief Commission [*843] SMITH v. ILLINOIS EMERGENCY RELIEF COMMISSION. 813 were engaged in work of a hazardous nature, and that injuries sustained by them arising out of and in the course of their employment were compensable. While claimant herein was engaged in the performance of legal duties, the actual services performed by him apparently necessitated the same contacts in many instances as those of case workers. From the statement of facts submitted we do not believe a distinction can properly be drawn between those cases in which payment of compensation has been approved, and the present case.

We are therefore of the opinion that the Commission is properly justified in recognizing Mr. Eardley's claim for doctor, hospital and medical bills sustained by him, in the sum of Four Hundred Fifty-three and 75/100 ($453.75) Dollars for injuries incurred as the result of said accident. No question of compensation is raised in the statement submitted either for temporary or permanent disability. Payment of the claim as hereinabove stated is recommended, same to be made by the Illinois Emergency Relief Commission out of any funds held by it and allocated for such purpose.