DELLA THOMPSON, WIDOW O FHENRY 8fONROIZ THONIJSON, DE- CEASED, Claimant, v. STATE O FILLINOIS, Respondent. O@wzon Pled M a y 18, 1944.
Case summary
Claimant, widow of Henry Monroe Thompson, sought workers' compensation benefits for his death from injuries sustained when a tree fell on him during employment at Dixon State Hospital. The court found the death arose out of and in the course of employment and awarded $4,700 in compensation plus $26.50 for medical expenses.
Statutes cited: Section 7, paragraphs (a) and (1) of the Workmen's Compensation Act; Section 8, paragraph (a) of the Act
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- WORKMEN’S COMPENSATION ACm-when. award may be made under f o r death o f employee. Where an employee of the State sustains accidental injuries, resulting in his death, arising out of and i n the course of h i s employme,nt, while within the protection of the Workmen’s Compensation Act, an award may be made for compensation therefor, to one entitled thereto, in accordance with the provisions of said Act, upon her compliance with the requirements thereof.
- CHIEF JUSTICE DAMRON
This complaint was filed in this court on the 13th day of May, 1944, by claimant, Della Thompson, on her own behalf as widow of Henry Monroe Thompson, deceased.
The complaint alleges that Henry Monroe Thompson was first employed by the respondent on the 23rd day of March, 1927, as a farm hand at the Dixon State Hospital, Lee County, Illinois, an institution operated by the respondent through its Department of I’ublic Welfare.
That said employment was continuous until the 28th day of February, 1944. That on the last :mentioned date, , [*205] while in the course of his employment, he was injured by being struck and crushed by a falling tree on the premises of said Dixon State Hospital, and the injuries thus sustained caused his death on the following day; that he was survived by his widow, the claimant, who was his sole dependent.
I
The record under consideration consists of the complaint, stipulation between the parties hereto, including the report of the Department of Public Welfare, testimony taken before the Coroner of Lee County, and waiver of right to file statement, brief and argument of claimant and respondent. I Under Rule 21 of this court the report of the Department of Public Welfare is prima facie evidence of the facts set forth therein. This report confirms the manner in which the accident occurred, as alleged in the said complaint, and states that at the time of the fatal accident, the deceased was in the course of his employment.
From a consideration of all the evidence, the court finds tthat the deceased, Henry Monroe Thompson, and respondent, were, at the time of the accident and death of the former, operating within the terms of the Workmen’s Compensation Act; that the injury and death of Henry Monroe Thompson was caused by an accident which arose out of and in the course of his employment by the State of Illinois ; that respondent had actual knowledge of the accident, and notice of claim and application for compensation were made within the statutory limits as provided by said Act ; that the deceased’s annual earnings for the year preceding his death in the employment in which he was then engaged, were $1,431.50, making, his average weekly wage amount to the sum of $27.53.
That he left surviving him his widow, t’he claimant herein, who was wholly dependent upon him for support.
[*206] That the sum of $26.50 was incurred for medical and surgical attention given to said employese, which the respondent should pay and discharge.
An award is hereby entered in favor of claimant, Della Thompson, in the sum of $4,700.00, as provided in Section 7, paragraphs (a) and (1) of theqworkmen’s Compensation Act, as amended. This award is payable to claimant in monthly installments by the respondent at a weekly compensation rate of $16.17. On May 23, 1944, there will be accrued the sum of $194.04, which is payable to claimant forthwith in a lump sum.
A further award is entered in favor of claimant in the sum of $26.50 for the use of Dr. W. G. Murray, Dixon, Illinois, representing necessary first aid, medical and hospitalization rendered said deceased employee, as provided in Section 8, paragraph (a) of the Act.
The future payments above referred to, being subject to the terms of the Workmen’s Compensation Act of Illinois, jurisdiction of this cause is hereby retained for the purpose of making such further orders as may from time to time be necessary herein.
This award is subject to the approval of the Governor as provided in Section 3 of “An Act concerning the payment of compensation awards to State employees. ” TAYLOR vs. ILLINOIS PUBLIC AID COMMISSION.
The Illinois Public Aid Commission having asked the Court of Claims for advice concerning the following claim made against it by an employee, for compensation for accidental injuries, the court in compliance with said request furnished the following advisory opinion, based upon the facts submitted and set forth in the matter hereinafter set forth.
[*207] ILLINOIS PUBLIC AID COMMISSION No. 1
(Payment of $268.90 advised.)
THOMAS TAYLOR, Claimant, vs. ILLINOIS PUBLIC AID COMMISSION, Respondent.
Opinion filed Sapternber 14, 1943.
A request for an advisory opinion has been submitted by the above respondent based upon the following facts :
STATEMENT O F FACTS
Thomas Taylor of Canton, Illinois, on the 27th day of April, 1943, was employed by the Illinois Public Aid Commission as County Director of Commodity Distribution, Tazewell County. Taylor's duties consisted of receiving, storing and distributing agricultural commodities and the reloading of said commodities from railroad cars or trucks to the warehouse in accordance with storage instructions as outlined by the State Director of Commodity Distribution.
On said date, the claimant was assisting employees at the County Commodity Depot in loading cases of pork and beans from the basement window of the depot onto trucks parked alongside of said building. In order to slide these cases, weighing from forty to fifty pounds each, out the basement window it was necessary for the workers to lift them straight up over their heads. While engaged in this work, claimant began having severe pains on the right side of his abdonren. He complained at the time of this to other employees of the depot whom he was assisting in this work, namely, Oral White and John Crane.
On May 5, 1943, the claimant notified Harold 0.
Swank, District Representative of the Illinois Public Aid [*208] Commission, that he had become injured while loading out cases as aforesaid, who instructed clai.mant to have a doctor examine him and to send a report to the Chicago office.
On May 9, 1943, claimant was examined by Dr. J. C. Simmons, of Canton, Illinois, who informed him that he had a right inguinal hernia of recent origin and advised an immediate operation.
On June 23 an operation for hernia was performed on Mr. Taylor by Dr. Simmons in the Graham Hospital, Canton, Illinois. Claimant was confined in said hospital from the date of the operation to July ll.,1943. Following his discharge from the hospital M r . Taylor was treated by Dr. Simmons at his office. The above facts are supported by affidavits of claimant, Oral White and John Crane.
I Claimant requests payment by the Illinois Public Aid Commission to Dr. J. C. Simmons in the sum of One Hundred Fifty Dollars ($150.00). Said sum includes operation, treatment, anaesthetic, and post-operative care, and to the Graham Hospital Association the sum of $118.90. Said sum includes board and room from June 21 to July 11, inclusive, and use of the operating room and drugs. Said bills have been examined by the Illinois Public Aid Commission and have been found to be reasonable.
Claimant contends that the accident was in the course of and arose out of his employment by the Illinois Public Aid Commission, and that the Illinois Public Aid Commission had notice of this accident and demand was made to his employer within six months after the accident.
Claimant does not seek temporary, total, or permanent total disability.
[*209] ADVISORY OPINION BY MR. CHIEF JUSTICE DAMRON From the above statement of facts we find that on the date of injury, claimant and respondent were operating under the provisions of the Workmen’s Compensation Act of this State; that on such date claimant sustained accidental injuries which arose out of and in the course of his employment; that notice of the accident was given to respondent, and claim for compensation on account thereof was made within the time required by the provisions of Section 8 (d-1) of said Act.
Section 8, sub-section (a) of said Act 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 proof here shows that the following bills were incurred and are unpaid: Graham Hospital, Canton, Illinois. ............................ $118.90 Dr. J. C. Simmons ............................................. 150.00 The record further discloses that said bills are reasonable.
We therefore find that claimant is entitled to payment of said items under the provisions of the Workmen’s Compensation Act, and we are of the opinion that the Commission is properly justified in recognizing and paying said claim in the sum of Two Hundred Sixty-eight Dollars and Ninety Cents ($268.90). No question of compensation is raised for temporary or permanent dis. ability. Payment of the claim in the sum of Two Hundred Sixty-eight Dollars and Ninety Cents ($268.90) is recommended, same to be made by the Illinois Public Aid Commission out of my funds held by it and allocated for such purposes.
[*210] 2io
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