Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 34.

Settlement of claim for $50.00 found to be proper and advisable.

JOHN W. SMITH, Claimant vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed December 20, 1938.

STATEMENT OF FACTS.

John W. Smith, 618 Jefferson Street, Joliet, Illinois, claims to have sustained a concussion of the brain and injuries to the left eye and the lumbar region of the back, on the 6th day of February, 1935, while employed as a janitor for the Illinois Emergency Relief Commission at the Will County Emergency Relief Office, located at 410 North Ottawa Street, Joliet, Illinois.

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: [*844] 514 SMITH v. ILLINOIS EMERGENCY RELIEF COMMISSION.

"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 had charge of maintenance work in all buildings operated by the Illinois Emergency Relief Commission. Such work included plumbing, carpentry, janitor work, engineering, and general repair work. Said furniture shops manufactured furniture which is used in relief offices throughout the State. Said mattress factories manufactured mattresses for relief recipients and for shelters operated by the Illinois Emergency Relief Commission. Said canneries preserved vegetables and fruits which had been grown by relief recipients on Illinois Emergency Relief Commission soil. Said work relief divisions furnished men to the State Highway Department, counties, townships, cities and parks for general maintenance work. All of the above enterprises or projects used sharpedged cutting tools such as saws, chisels, mattocks and axes.

Said buildings operated electric motors, elevators, and boilers, all of which are governed by municipal ordinances.

John W. Smith was an administrative employee of the Illinois Emergency Relief Commission assigned to work at the Will County Emergency Relief office as a janitor. His duties were to fire and attend two Kewanee boilers and to assist with the general maintenance work throughout the building. On the day hereinbefore mentioned, John W. Smith was making certain repairs on a ventilating door which was at the grade level of the building. In the course of the work, the derrick, which was attached at the side of the ventilator and used for hoisting ashes and debris from the basement to the street, gave way. John W. Smith was pitched fifteen feet to the concrete floor of the basement. [*845]

John W. Smith was found lying on the concrete floor beneath the ventilator in an unconscious condition by Charles Carr, who was also employed as a janitor by the Will County Emergency Relief office.

Mr. Carr informed the Illinois Emergency Relief Commission that on the day heretofore mentioned, he entered the boiler room at 12:00 noon. He found John W. Smith lying on the concrete floor, unconscious and bleeding from the nose and mouth. From all appearances, the accident had occurred just a few minutes before his arrival. Mr. Carr immediately notified Harry B. Harwood, administrator for the Will County Emergency Relief committee and in charge of all employees at that office. Mr. Harwood called an ambulance and made arrangements for John W. Smith's admittance to the St. Joseph's Hospital, Joliet, Illinois, and for Dr. D. W. Killinger to take charge of the case. John W. Smith remained in the hospital from the date of the accident until the 15th day of February, 1935. See Exhibit One.

Section 3, subsection 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 * * *" Dr. Killinger discovered, while administering treatment, that John W. Smith had some disability in the left eye. Therefore, Dr. Raymond Brown, Eye Specialist, was called for consultation. See Exhibit Two.

John W. Smith's hospital and medical bills in the sum of One Hundred Twelve Dollars and Fifty Cents $112.50), have been paid by the Will County Emergency Relief Commission.

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 and surgical and hospital services thereafter, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury * * *" John W. Smith's accident was in the course of, and arose out of his employment. Further, the Will County Emergency Relief Commission had notice of the accident and demand for compensation was made on his employer within six months after his injury. [*846] 346 SMITH v. ILLINOIS EMERGENCY RELIEF COMMISSION.

John W. Smith claims temporary total disability for sixteen (16) weeks. The Illinois Emergency Relief Commission's records show that Dr. Raymond Brown attended John W. Smith until the 5th day of May, 1935.

Section 8, Subsection (c) of the Workmen's Compensation Act of the State of Illinois provides as follows: "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 provision of this Act."

John W. Smith had two children under sixteen years of age at the time of the accident.

An Illinois Emergency Relief Commission investigator discovered that on or about the 20th day of December, 1935, John W. Smith received employment with the Illinois Security Company as a janitor for one of their buildings; that while employed by said company he sustained an accidental injury to his head on the 28th day of December, 1935, and as a result of his injury he collected thirteen (13) weeks temporary total disability. See Exhibit Three.

John W. Smith filed a petition in the Court of Claims which is known as: J. W. Smith vs. State of Illinois, No. 2718. A release has been filed in the Court of Claims asking that the above claim be dismissed as John W. Smith and his attorney have agreed to accept Fifty Dollars ($50.00) in full settlement for his injuries.

EXHIBIT 1.

March 13, 1936.

Case No. 366

Room 324

Patient-John Smith

Address-618 E. Jefferson St.

Age-37 years Occupation-paper hanger and decorator Case No. 675-Concussion of brain in 1920.

Case No. 914-Appendectomy date-4/16/20 Case No. 4028-Gas-Asphyxiation date-11/30/33 Case No. 3223-Concussion of head injury to Vertebrae date-10/30/35 Admission-2/6/35 Time-12:30 A. M.

Discharged-2/16/35

Accident-Medical-Concussion of brain formed from fall which caused a blow to the head. [*847]

Result-Improved.

X-Ray Report-2/8/35

Films of skull were negative for fracture or other demonstrable cranial pathology.

Films of lumbo-dorsal spine disclosed no demonstrable fracture or dislocation. No demonstrable thoracic pathology or fractured ribs could be shown.

Signed DR. L. S. TICHY.

Report from Dr. Raymond Brown on the condition of the eyes.

Pupils eyes react sluggishly. Vision blurred in left eye. Left disc has markedly blurred edges-probable concussion. Right disc normal.

EXHIBIT TWO

I. E. R. C. PHYSICIAN'S REPORT.

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 35.

Report immediately in duplicate to the local county Work Relief Superintendent.

Important Note: Major operations, unless imperative must not be performed without first informing the County Emergency Relief Committee, in order to give them an opportunity to participate in arrangements for hospital and other expense, also to furnish medical and surgical consultation if deemed necessary.

Important: In describing injuries, please complete chart on reverse side and observe the following instructions: Amputation relating to Hands and Feet-Specify by surgical name the number of every entire joint and portion of joint that is lost, including carpal, metacarpal, tarsal, and metatarsal articulations, if any involved using the terms, "thumb, first, second, third, and fourth finger, great toe, first, second, third, and fourth toe," and whether on right or left member.

Contusions-Single or multiple, superficial or deep, with locations, complications, etc.

Fractures-Give names of the bones and location; whether simple, double, compound, comminuted and complications or dislocations, with joints involved.

Lacerations and Cuts-Location, single or multiple, extent, number of sutures, required, muscle, nerves, blood vessels involved, if any.

Hernia-Describe whether direct, indirect, inguinal, femoral, umbilical or congenital type, and right or left side or both.

SPECIALLY IMPORTANT.

In case of injuries to the Eye, Hernia, Fractures, Internal Injuries and all other cases requiring operative surgery, it is imperative that you first telephone the County Work Relief Superintendent for instructions, giving your opinion of the necessity for same.

Use X-ray when necessary. [*848] 818 SMITH v. ILLINOIS EMERGENCY RELIEF COMMISSION.

Name of Injured Worker Smith W. John Print correct spelling (Last Name) (Middle Name) (First Name) absolutely necessary Residence Address 618 E. Jefferson Street Joliet Will (Street and Number) (City or Village) (County) Age: 36. Sex: Male. Single................Married: Yes. No. of Children 1 Project No. Administrative................... Employment Agency: W. E. R. C. (This information is shown on Notice of Assignment slip, which client must always have with him.)

At Whose Request Did You Take Care of This Case? St. Joseph's Hospital (This information is absolutely necessary) Date and Time of Your First Examination: Wednesday February 6th 1935 at 12:30 P. M. (Day of Week) (Month) (Date) (Year) (Time) Where Was the Examination Made? St. Joseph's Hospital, Joliet, Illinois Injuries consist of?-Contusions to head and back. Nasal hemorrhage. Possible skull fracture. Concussion of brain.

When, in your opinion, were these injuries sustained?-Feb. 6th, 1935.

By what means, in your opinion, were these injuries sustained-Fall from ladder at work, for W. E. R. C. 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-X-ray of head, following first aid treatment, laboratory examination and hospital care.

To what date do you deem further treatment necessary? Describe character and frequency-Daily hospital calls to February 16th. Eye examination by eye specialist-possible spinal puncture and X-ray of spine.

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

In your opinion, will the injuries result in death, loss of limb, sight, or any impairment of function? Explain fully-Not as far as I can tell at this time.

Date of this report-February 7th, 1935.

Signed-D. W. Hillinger, M. D. Telephone 2-0975.

Address 204 N. Scott Street Joliet Will (Street and Number) (City) (County) Please Send This Report to the County Work Relief Superintendent, Immediately.

EXHIBIT THREE.

February 5, 1936

Mr. William Behringer, Joliet, Illinois, employed by the Illinois Security Company, was interviewed because Mr. John Smith, who has a claim now pending before the Court of Claims, is also receiving compensation from the Illinois Security Company because of an injury he sustained while working for them as a janitor in one of their buildings. At this date, Mr. Smith is receiving $11.00 a week for compensation. Said sum has been paid since December 28, 1936 and probably will continue for the next three weeks.

Mr. Behringer further stated that on two previous occasions when Mr.

Smith was employed by them as janitor, he had sustained injuries but that no compensation was paid him. On these previous occasions only medical bills and salary were paid during the time of his disability. [*849]

SMITH v. ILLINOIS EMERGENCY RELIEF COMMISSION. 819 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 above matter, an Advisory Opinion is hereby rendered, based upon said statement: Such statement of facts contains the usual recital as to the creation of said Illinois Emergency Relief Commission, and of the powers and duties; also an account of the departments organized and created within itself and of the various activities carried on pursuant thereto. Claimant, John W. Smith, is shown to have been an employee of said Commission, assigned to work at the Will County Emergency Relief Office at 410 N. Ottawa Street, Joliet, Illinois, as a janitor.

His duties were to fire and to take care of two boilers and to assist with the general maintenance work throughout the building. On February 6, 1935, while the employee was making certain repairs on a ventilating door at the grade level of the building, a derrick which was attached at the side of the ventilator and used for hoisting ashes and debris from the basement to the street, gave way and the employee was pitched fifteen feet to the concrete floor of the basement. He was knocked unconscious and had bleeding and hemorrhage from the nose and mouth. The Relief Administrator for the County was immediately notified and called an ambulance and arranged for the patient's admission to St. Joseph's Hospital in Joliet, where he received treatment until the 15th day of February, 1935. He thereafter remained under the care of Dr. Raymond Brown, an eye specialist, who was called into the case at the hospital, until the 5th day of May, 1935.

Claimant had two children under the age of sixteen years at the time of the accident, and the statement discloses that his hospital and medical bills in the sum of One Hundred Twelve and 50/100 ($112.50) Dollars have been paid by the Will County Emergency Relief Commission; that he claims temporary total disability for a period of sixteen (16) weeks and has a claim pending in this court entitled J. W. Smith vs.

State of Illinois, C. of C. No. 2718; further, that claimant through his Attorney has agreed to accept Fifty ($50.00) Dollars as settlement in full for any sums due him growing out of said accident. The statement does not disclose at what [*850] wages he was employed, but on the settlement proposed the amount to be paid him would be within the minimum basis of Seven and 50/100 ($7.50) Dollars per week, so the wage rate is immaterial.

From a consideration of the statement we find that same discloses that at the time of the accident both employer and employee were operating under and bound by the provisions of the Workmen's Compensation Act; that claimant's accident arose out of and in the course of his employment; that notice and demand for compensation were made within the requirements of said Act; that the proposed settlement of Fifty ($50.00) Dollars is within the limit to which claimant would be entitled under the terms of said Act for temporary total disability as shown herein. We are therefore of the opinion that settlement with claimant is proper in the sum of Fifty ($50.00) Dollars, in full satisfaction of all demands arising out of the accident in question. In making settlement the following conditions should be observed: First, that the claim of J. H. Smith vs. State of Illinois, C. of C., No. 2718, now pending in the Court of Claims should be dismissed, and 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.