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Penwell v. State of Illinois

12 Ill. Ct. Cl. 73 Illinois Court of Claims Filed Febricary 10, 1942. No. 3025
Disposition: (No. 3025-Claimant awarded $1,129.82.) Award: $1,129.82 Agency: Illinois Soldiers' and Sailors' Children's School
Cite as: Penwell v. State of Illinois, 12 Ill. Ct. Cl. 73 (1942)
Legacy General 12 awarded 1940s Penwell v. State of Illinois 12 Ill. Ct. Cl. 73 Febricary 10, 1942. (No. 3025-Claimant awarded $1,129.82.) /opinions/v12-p0090-1/

PENWELL, ELVAJENNINGS Claimant, ‘v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought reimbursement for medical and nursing expenses incurred from October 22, 1940 to January 1, 1942, related to a work injury. The court found the services necessary and the charges reasonable, and awarded $1,129.82.

Claim type: Personal Injury Negligence

Statutes cited: Section 8, Paragraph a, of the Workmen's Compensation Act

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. t WORKMEN’S COMPENSATION ACT -medical and hospital services -when award may be made for. Where employee of State sustains accidental injuries, arising out of and in the course of her employment, while engaged in employment deemed extra-hazardous, within meaning of Workmen’s Compensation Act, requiring medical and hospital care, to cure or relieve her of the effects of such injuries, an award will be made for amount expended therefor, when it clearly appears that such services were necessary and that the charges for same are reasonable and just.

On February 2, 1936, while employed as a Supervisor at the Illinois Soldiers’ and Sailors’ Children’s School at Normal, Illinois, a charitable institution operated, controlled, and managed by the State of Illinois, claimant was injured in an accident arising out of and in the course of her employment.

The injury was a serious one which caused temporary blindness and general paralysis. Constant medical care has resulted in a return of claimant’s vision and a reduction of the paralysis. She remains, however, totally paralyzed from the waist downward, the paralysis being of a spastic type. She has no control over her lower limbs nor over urine and faeces.

[*74] r4 Because of constant confinement t b bed, claimant suffers bed sores which require frequent dressings.

On January 13,1941, an award was made to the claimant by this court, and claimant has been paid the various sums awarded to her at that time. Claimant, however, has not been paid for certain medical and hospitalization expenses which had not then accrued, and now files her claim herein for such services from October 22,1940, to January 1,1942, in the total sum of $1,129.82.

During the period in question, claimant has been helpless and has required medical and nursing services. She expended on account of medical sewices $448.70, for nursing services $556.58, and for medicines and necessary medical supplies $124.54, totalling the sum of $1,129.82. Claimant has submitted to the court with her verified petition the original receipts or vouchers showing payment of these respective items, with one or two exceptions in the case of small amounts, Under Section 8, Paragraph a, of the Workmen’s Compensation Act, claimant is entitled to such care as is reasonably required to relieve her of the effects of the injury. It appears from the record that the services claimed were necessary and that the charges therefor were reasonable and just.

There is nothing to indicate that the claimant is malingering.

The court, however, reserves for future determination claimant’s need for further medical, surgical, and hospital services.

An award is therefore made to the claimant for medical and hospital expenses from October 22, 1940, to January 1, 1942, in the sum of $1,129.82, all of which is accrued and is payable at the present time.

This award being subject to the provisions of an Act entitled “An Act Making an Appropriation to Pay Compensation Claims of State Employees and Providing for the Method of P a p e n t Thereof,” approved June 30, 1941, and being by the terms of such Act, subject to the approval of the Governor, is hereby, if and when approval is given, made payable from the appropriation from the General Revenue Fund in the manner provided for in such Act

Official volume 12 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: July 1, 1941–June 30, 1943)  ·  All opinions in this volume  ·  Also on CourtListener

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