Bernard J. Taub v. State of Illinois — 13 Ill. Ct. Cl. 96

’ BERNARD J . TAUB, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant, an employee of the Department of Labor, sought compensation for injuries sustained in an automobile accident while traveling for work. The court awarded $478.33 for temporary total disability and medical expenses under the Workmen's Compensation Act.

Claim type: Personal Injury Negligence

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

Headnotes

WoRKnmN’s conmmsAmoN ACT-employee of Department of Labor

MAX J. BECKER, (LEO SEGALL, of Counsel), for claimant. GEORGE F. BARRETT, Attorney General ; WILLIAM L. MORGAN, Assistant Attorney General, f o r respondent. WoRKnmN’s conmmsAmoN ACT-employee of Department of Labor within provisions of- when award m a y be m a d e m d e r . Where employee of the Department of Labor, Division of Unemployment Compensation, whose employment necessitates his travel about the State by automobile, sustains accidental injuries, a s the result of a n automobile accident while in t h e performance of his duties, a n award for compensation therefor may be made, i n accordance with the provisions of the Act, upon compliance with the requirements thereof. ECKERT, J. The claimant, Bernard J. Taub, is an employee of the Department of Labor, Division of Unemployment Compensation of the State of Illinois. His employment necessitates his travel about the State by automobile. On February 10, 1940, while returning t o his Chicago office from a field investigation in Southern Illinois, he was in an automobile accident and sustained a fracture of transverse processes of the third and fourth lumber vertebrae. He was first attended by Dr. J o h n Horowitz at St. Mary’s Hospital in Kankakee, where he remained for twelve days. He was also attended by Dr. George Mueller of Chicago, and subsequently was moved by ambulance t o the Edgewater Hospital at Chicago, where he remained f o r two weeks. He returned to work on April 25, 1940. He received no compensation while he was incapacitated, and respondent, although requested to do so, failed to furnish necessary medical services. A t the time of the accident, claimant and respondent were operating under the provisions of the Workmen’s Compensation Act of this State, and notice of the accident and claim for compensation were made within the time provided by the Act. The accident arose out of and in the course of the employment. Claimant has paid Dr. Horowitz for his services the sum of $30.00, Dr. George Mueller, the sum of $65.00, St. ‘ Mary’s Hospital, Kankakee, Illinois, the sum of $55.45, and the Edgewater Hospital of Chicago, Illinois, the sum of $86.10. He also paid the sum of $65.00 for ambulance transportation from St. Mary’s Hospital in Kankakee to the Edgewater Hospital in Chicago. Claim is made f o r compensation f o r the period claimant was totally incapacitated, and f o r medical and hospital services. No claim is made f o r permanent disability . - Claimant is entitled to an award f o r temporary total disability, resulting from the injury, f o r a period of ten and five-sevenths weeks, at a compensation rate of $16.50 per week, or a total sum of $176.78. Claimant is also entitled t o be reimbursed f o r his hospibal and medical expenses in the sum of $301.55. Award is therefore entered in the total sum of $478.33, all of which has accrued and is payable forth’ with.

’ BERNARD J . TAUB, Claimant, vs. STATE OF ILLINOIS, Respondent.

Opinion filed November 9; 1943.

MAX J. BECKER, (LEO SEGALL, of Counsel), for claimant.

GEORGE F. BARRETT, Attorney General ; WILLIAM L. MORGAN, Assistant Attorney General, for respondent.

WoRKnmN’s conmmsAmoN ACT-employee of Department of Labor within provisions of- when award may be m a d e m d e r . Where employee of the Department of Labor, Division of Unemployment Compensation, whose employment necessitates his travel about the State by automobile, sustains accidental injuries, as the result of an automobile accident while in the performance of his duties, an award for compensation therefor may be made, in accordance with the provisions of the Act, upon compliance with the requirements thereof.

ECKERT, J. The claimant, Bernard J. Taub, is an employee of the Department of Labor, Division of Unemployment [*97] Compensation of the State of Illinois. His employment necessitates his travel about the State by automobile. On February 10, 1940, while returning to his Chicago office from a field investigation in Southern Illinois, he was in an automobile accident and sustained a fracture of transverse processes of the third and fourth lumber vertebrae.

He was first attended by Dr. John Horowitz at St.

Mary’s Hospital in Kankakee, where he remained for twelve days. He was also attended by Dr. George Mueller of Chicago, and subsequently was moved by ambulance to the Edgewater Hospital at Chicago, where he remained for two weeks. He returned to work on April 25, 1940. He received no compensation while he was incapacitated, and respondent, although requested to do so, failed to furnish necessary medical services.

At the time of the accident, claimant and respondent were operating under the provisions of the Workmen’s Compensation Act of this State, and notice of the accident and claim for compensation were made within the time provided by the Act. The accident arose out of and in the course of the employment.

Claimant has paid Dr. Horowitz for his services the sum of $30.00, Dr. George Mueller, the sum of $65.00, St. ‘ Mary’s Hospital, Kankakee, Illinois, the sum of $55.45, and the Edgewater Hospital of Chicago, Illinois, the sum of $86.10. He also paid the sum of $65.00 for ambulance transportation from St. Mary’s Hospital in Kankakee to the Edgewater Hospital in Chicago.

Claim is made for compensation for the period claimant was totally incapacitated, and for medical and hospital services. No claim is made for permanent disability .

[*98] - Claimant is entitled to an award for temporary total disability, resulting from the injury, for a period of ten and five-sevenths weeks, at a compensation rate of $16.50 per week, or a total sum of $176.78. Claimant is also entitled to be reimbursed for his hospibal and medical expenses in the sum of $301.55.

Award is therefore entered in the total sum of $478.33, all of which has accrued and is payable forth’ with.