Is James McGaughey v. State of Illinois

This claim is for benefits under the provisions of the Workmen’s Compensation Act. The original complaint was filed July 7, 1943, and an amended complaint on May 1,1945. The facts are not in dispute.

Claimant was employed by respondent as a State Highway Policeman at a salary of $175.00 per month.

On the date of September 4,1942 while on his regu[*37]I larly assigned patrol on U. S. Highway 66 between Mt.

Olive and Litchlield, Illinois, claimant’s motorcycle was struck by an automobile, resulting in serious injuries to claimant. The left leg above the ankle was torn and there was some crushing of the bone of the leg. Claimant’s leg was amputated at the mid calf. Subsequent to this amputation infection developed which necessitated further operation, which further operation was performed on October 10, 1943. The infection continued, and on December 1, 1943 claimant entered the hospital for further operative medical treatment. On July 3, 1944 a further operation and amputation become necessary, which was performed on July 3,1944.

Claimant seeks temporary total disability, reimbursement for medical expenditures, and compensation for the total loss of use of his left leg.

The record consists of the Complaint, amended Complaint, Statement, Brief and Argument by Claimant and Respondent, Reports of Division of Highways filed August 31,1943 and May 25,1945, and Stipulation of Facts.

It is stipulated that the Department reports shall constitute the record in this case.

Respondent had immediate notice of the accident, and the complaint was filed within one year from the date of the injury. Claimant has complied with the jurisdictional requirements of\ the Workmen’s Compensation Act, In the Stipulation it-is agreed that claimant’s com- . pensation rate amounts to $16.50 per week.

Claimant, by reason of the various amputations, was totally incapacitated for a period of 25-6/7 weeks, for which period he is entitled to compensation at the rate of $16.50 per week, a total of $426.64. Claimant ’suffered the entire loss of use of his left leg, for which, under the [*38] Workmen's Compensation Act, he is entitled to compensation for 190 weeks at the rate of $16.50 per week, a total of $3,135.00. Claimant was compelled to pay for medical expenses, for which he is entitled to reimbursement in the sum of $469.00. Claimant is also entitled to have paid the sum of $55.00 for medical services to Dr. J. Albert Key, St. Louis, Missouri, which remains unpaid.

Claimant was paid for non-productive time a total of $476.67, which must be deducted from the amount due claimant under the provisions of the Workmen's Compensation Act, leaving a balance due claimant of $3,- 608.97.

Claimant seeks compensation for travel expense from Alton and Edwardsville to Barnes Hospital in St.

Louis, and return, approximated at $132.50; also compensation for 16 days sick! leave, which leave he claims he was entitled to at the time of his injury. We find no provision in the Workmen's Compensation Act for the payment of estimated cost of transportation, or for sick leave, and the claim in regard to these two items cannot be allowed.

The Court of Claims Act, Section 8(d) provides that determination of claims of this kind "shall be in accordance with the substantive provisions of the Workmen's

Compensation Act."

An award is therefore entered in favor of the claimant, James McGaughey, in the sum of $3,608.97, payable as follows:

$ 469.00 Reimbursement for medical and hospital bills paid by claimant. 55.00 To Dr. J. Albert Key, St. Louis, Mo. 2,739.00 Which has accrued and is payable forthwith. 345.97 Payable at the rate of $16.50 per week, commencing November 16, 1945. [*39] (No. 3 8 6 5 4 l a i m a n t awarded $5,228.75.)

ESTHER HISLER, Claimant, vs. STATE OF ILLINOIS, Respondent.

Opinion filed November 13, 1945.

CLAIMANT, pro se.

GEORGE F. BARRETT, Attorney General; C . ARTHUR NEBEL,Assistant Attorney General, for respondent.

WOBKMEN’S CO MPE N S A T I O N m r - employee of the shaitte, Division of Parks and Memorials within provisions o j - when cirmnhsta?ut%alevidence d e m e d conclusive to show decedent came to hiis death during the cmrse of and within the scope1 of his emplmJment. Where it appears that an employee of the Division of Parks and Memorials, whose duties required him to be about the Illinois and Michigan Canal, and evidence showed him to be a man of good habits and a conscientious worker, and whose body was found submerged in the water, with no abrasions or injuries appearing on the body, it is reasanable ta conclude that the decedent oame to his death during the course of and within the scope of his employment and an award may be made to hig widow and dependent child under sixteen years of age, under Section 7 ( c ) and 7 (h-3) of the Workmen’s Compensation Act.

FISHER, C. J. Claimant seeks an award under the Workmen’s Compensation Act for the death of her husband, Walter G. Hisler.

At the time of the death of Walter G. Hisler he was an employee of the State of’Illinois, Division of Parks and Memorials. He was first employed by the Division . on April 10, 1941, and claimant alleges that on March 16, 1944 her husband, the said Wa.lter G. Hisler, met his death while performing his duties and in the course of his employment.

The record consists of the Claim, Departmental Report, copy of Testimony taken at Coroner’s Inquest, Verdict of the Coroner’s Jury, Stipulation, certified copy of Claimant’s Marriage Certificate, and Waiver of Statement, Brief and Argument by claimant, pro se, and respondent by the Attorney General. .

[*40] The report of the Division of Parks and Memorials, by George W. Williams, Superintendent, shows that during the year preceding his death on March 16, 1944, Mr.

Hisler was regularly employed as Custodian of the Illinois and Michigan Canal Parkway, and his yearly salary was the sum, of $1,560.00. Among his duties were those of keeping the Illinois and Michigan Canal between Peru and Buffalo Rock free of debris, repairing and maintain ing pathways, roads and bridges, maintaining and keeping all shelter houses clean, keeping the residence assigned to him and surrounding area orderly and in repair, and acting in a policing capacity on Sundays and holidays.

On the morning of March 16, 1944 at approximately 8:45 A. M. Mr.‘Hisler was returning on foot to his residence from the city of LaSalle where a truck assigned to him had been taken for inspection and repairs. The Department Report concludes “Mr. Hisler was recognized by his superiors and fellow workers as a conscientious and capable workman, free of domestic and financial worries, and affable in meeting and dealing with the public.

The investigation of the Division of Parks and Memorials leads to the conclusion that Mr. Hisler’s death arose outi of and in the course of his employment.”

On the 20th day of March, 1944 the Coroner of LaSalle County held an inquest to ascertain the cause of death and the Coroner’s jury found as follows : “We, the undersigned Jurors, sworn to inquire of the death of Walter Hisler on oath do find that he came to his death by accidental drowning while on duty as an employee of the State of Illinois in his regular occupation along the tow-path of the Illinois-Michigan Canal.

He was last seen alive Thursday morning, March 16, 1944, at 8:45 A. M. His death presumably occurred at 9:30 A. M., March 16, 1944. He was employed as Maintenance man and Lock-Tender at Illinois-Michigan

Canal.”

The only question that presents itself for determina[*41]tion here is-did the deceased meet his death in the course of and within the scope of his employment.

It is stipulated that the Departmental Report of the Division of Parks and Memorials shall constitute the record in this case. The Department, in this report, concludes that the decedent met his death within the scope and as a result of his employment. The facts upon which this conclusion is reached are not included in the report. The testimony at the Coroner's Inquest ascertained the nature of the employment of the decedent and traced his movements until he was last seen, which was on the morning of March 16, 1944.

This court, feeling it should have more of the facts and information than was disclosed by the record in this case, did, on its own initiative, request the Division of Parks and Memorials to file a report of the facts disclosed by its investigation. The Division thereupon filed a letter from Terrence Martin, Custodian of Starved Rock State Park addressed to George A. Williams, Superintendent of State Parks andMemorials, which letter is dated November 3, 1945 and states, in substance, as follows:-That Mr. Martin personally investigated and inquired into the facts concerning the death of Walter G. Hisler; that Mr. Hisler disappeared on the 16th day of March, 1944 and that an intensive search for him began on the morning of March 17, 1944; that the search was conducted by State Park employees, the Sheriff's Office local police authorities and Mr. Martin. That on the 18th day of March, 1944 about 1:40 P. M. John DeGroot of Peru and Stanley Murray, Deputy Sheriff, while dragging the lock and basin adjoining, found the body of Walter G. Hisler; that the body was immediately taken to the funeral home, at which time the Coroner was noti- . fied. The undertaker, Anton Friedrich, as related by [*42] Mr. Martin, stated that “there were no abrasions or injuries found on the body and that lots of water came out.

The Coroner said the body had been in the water about three days. The Coroner’s Jury again examined the body the following morning at the inquest. As they found no indication of foul play, and from evidence on hand, a verdict of drowning was returned. The Coroner informs me that no post-mortem was ordered by the family or authorities, therefore there was none.”

While the burden of proving that an injury or death arose out of and within the scope of the employment rests upon the claimant, this proof cannot always be made by positive and direct evidence. In this case, no one saw the deceased between the morning of March 16, 1944 and the time his body was found in the canal on March 19,1944. The cause of his death can only be determined from certain facts and circumstances, from which a reasonable conclusion can be reached. The decedent was proveti to be a man of good habits, a conscientious worker, without domestic or financial worries, and when last seen was performing the duties required of him by his employment. Part of such duties brought him to and about the bank of the Illinois-Michigan Canal. His body was found submerged in the water. The record rather conclusively shows that no reasonable conclusion can be reached other than that the decedent came to his death during the course of and within the scope of his employment. His surviving widow, Esther Hisler, is, therefore, entitled to the benefits of the Workmen’s Compensation Act.

Decedent left him surviving his widow and one child under the age of sixteen years dependent upon him for support at the time of his death.

Decedent’s salary for the year preceding his death [*43] amounted to $1,560.00. Decedent’s weekly wage was $30.00, and his compensation rate $15.00 per week, and, having one child under the age of sixteen years at the time of his death the weekly rate must be further increased 5% #undedSection 7 (3), plus 17% under See7 tion 7 (l),or a total of $18.50 per week.

Claimant is entitled to an award under Sections 7 (a) and 7 (h-3) of the Workmen’s Compensation Act, in the amount of $4,450.00, which must be increased 171/% under Section 7 (l), making a total of $5,228.75.

An award is therefore entered in favor of claimant, Esther Hisler, in the sum of $5,228.75, payable as follows : $1,604.21-86 5/7 weeks, March 16, 1944 to November 13, 1945-all of which has accrued and is payable forthwith; $3,624.54-Payable $18.50 per week, commencing November 13, 1945.

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.”

(No. 3 8 7 3 4 l a i m a n t awarded $1,523.53.)

HARRY WILSON, Claimant, vs. STATE OF ILLINOIS, Respondent.

Opinion filed November 13, 1945.

CLARENCE B. DAVIS, for claimant.

GEORGE F. BARRETT, Attorney General; C. ARTHUR . NEBEL,Assistant Attorney General, for respondent.

WOBKMEN’S COMPENSATION AcHamitor-Clerk in the ofice of the Clerk of th& Appellate Court for the Third District-Bpring$eld, Illinois-within provisions of - when lain award may be made unaer.

Where it appears that claimant while perfiorming his duties was obliged to use a ladder, and fell therefrom, sustaining injuries, the accident occurred in the course of his employment and an award may be made for compensation therefor, in accordance with the provisions of the Women’s Compensation Act upon compliance with the requirements thereof.

[*44] SAME-COSt of drugs and ultra violet ray lamps when not prescribed or advised by claimant’s physician, must be disallowed.

FISHER, C. J. Claimant alleges that on August 10, 1943 he was injured by reason of an accident arising out of and in the course of his employment by the respondent as JanitorClerk in the office of the Clerk of the Appellate Court for the Third District, at Springfield, Illinois.

Claimant seeks an award for medical expenses incurred, compensation for temporary total disability, and for permanent partial disability.

The record consists of the Complaint, Report of the Clerk of the Appellate Court for the Third District; of Illinois, Claimant’s Transcript of Evidence, and Statement, Brief and Argument of both Claimant and Respondent.

From the record, it appears that on August 10,1943 claimant was cleaning a file in the Docket Room in the office of the Clerk of the Appellate Court for the Third District. In order to reach the top file it was necessary for claimant to use a ladder and, as he was standing on this ladder, he fell, striking his back and shoulders on a chest of drawers. The Chief Deputy Clerk was immediately notified of the accident.

The claimant continued to work until August 31, 1943, at which time he states he was unable to continue to perform his duties because of his injuries. Claimant was treated by Dr. Martin B. Jelliffe from August 10, 1943 to October 27,1944, and thereafter was treated by Dr. J. J. Pleak because of the death of Dr. Jelliffe.

Claimant was paid $250.00 for unproductive time subsequent to August 31, 1943, which must be deducted from any compensation found to be due claimant.

From the record, we find that claimant and respond[*45]ent were operating under the provisions of the Workmen's Compensation Act; that claimant was injured in the course of his employment and is entitled to the benefits of the Workmen's Compensation Act.

Claimant is married and has no children under 16 years of age dependent upon him for support. Claimant expended the sum of $277.50 for medical services rendered on account of his injuries, for which sum he is entitled to be ‘reimbursed. Claimant also seeks reimbursement for $160.00 expended for the rental of an ultraviolet ray lamp, and $61.21 expended for drugs. It does not appear that the expenditures for drugs and an ultraviolet ray lamp were necessary to cure or relieve the injury, or that they were prescribed or advised by claimant's physician. The claim for reimbursement of these expenditures must, therefore, be denied.

Claimant has not established his claim for permanent partial disability, and this portion of his claim must be denied.

Dr. Pleak testified on August 17, 1945 that, in his opinion claimant at that time was able to do light work. We conclude from the evidence that the claimant was disabled from August 31,1943 until April 17,1945,for which period he is entitled to receive compensation in accordance with the provisions of the Workmen's Compensation Act.

Claimant's annual salary was $1800.00, and his average weekly wage exceeds the maximum of $15.00 provided by section 8 (h) of the Workmen's Compensation Act; therefore, claimant's compensation rate would be the maximum of $15.00, increased by 17½% by the provision of section 8 (m), or $17.63 per week. Claimant is entitled to have and receive from respondent the sum of $17.63 per week from September 1,1943 to April 17,1945, -3 [*46] a period of 84-617 weeks, or $1,496.03, plus $277.50 expended for medical .services, from which must be deducted the sum of $250.00 paid to claimant for unproductive time, leaving a balance due claimant of $1,523.53.

An award is therefore entered in favor of claimant, Harry Wilson, for $1,523.53, all of which has accrued and is payable forthwith.

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. ”