HARVEY NETHERTON, Claimant, vs, STATE OF ILLINOIS, Respondent. Opinion pled March 19, 1946.
Case summary
Claimant, a state employee, cut his finger at work and sought compensation for permanent loss of use. The court awarded $634.68 for 90% loss of use of the index finger, but denied reimbursement for unauthorized medical expenses.
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Headnotes
- WORKMEN'S coixPmsATioN AcT-emplo2/ae of Department of Public
- Welfare zLlithin z y r v v is i ~ so f - when an,award may be macle under. Where it appears that an employee of the Dlepartment of Public Welfare at Peoria State Hospital, while cutting meat, in the course of his duties, accidentally cut his left index finger, and a subsequent infection resulted in the loss of the use of said finger, an. award may be made under the Workmen's Compensation Act for .partial permanent disability upon complijance with the requirements thereof.
- SAME-W% chiaim for medical services will be denied. Where claimant elects to secure his own medical and hospital services, no award can be made therefor.
On August 7, 1944 claimant, Harvey Netherton, an employee of the Department of Public Welfare, while cutting meats at the Peoria State Hospital, cut his left index finger afi the knuckle. Infection followed, and - claimant alleges that as a result of the injury his left index h g e r , and his left second finger are stiff, and that he is permanently handicapped in the performance of his duties.
Medical treatment immediately following the injury was given claimant at the Peoria l3tate Hospital. Subsequently, and without authority €rom the respondent, claimant secured the medical services of Dr. E. E. Nystrom, and was hospitalized at the Methodist Hospital at Peoria. The charges for these servic'es totaled $56.89.
No claim is made for temporary total disability.
At the time of the injury, the employer and employee [*103] 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 decendent’s employment. At the time of the injury claimant had one child under sixteen years of age. .
Dr. Robert M. Sutton, testifying on behalf -of claimant, stated that claimant’s left index finger was the only finger injured; that there is a marked loss of subcutaneous tissue over three-fourths distance of the finger ; that there is a sold bony ankylosis of the proximal phalangeal joint; that there is a loss of motion at the terminal phalangeal joint which is 75 to 80 per cent loss at this joint; that there is a loss of motion in the proxima1 phalangeal joint of 100 per cent; that there is a loss of motion at the metacarpal phalangeal joint of 50 per cent ; that there is a definite circulatory disturbance of the finger evidenced by some redness. Dr. Sutton also stated that the finger shows a 90 per cent permanent disability.
It is clear that claimant has sustained the permanent loss of the use of the index finger of his left hand to the degree suggested by Dr. Sutton. Claimant’s annual earnings during the year next preceding the injury were $2,280.00, making an average weekly wage of $43.85.
Claimant’s compensation rate is, therefore, the maximum . of $15.00 per week. The injury having occurred on August 7, 1944, this must be increased 171/%, or a compensation rate of $17.63. For 90 per cent permanent loss of use of his index finger, claimant is entitled to $17.63 for thirty-six weeks, or the total sum of $634.68, all of which has aacrued. Claimant, however, having elected to secure his own medical and hospital services, no further award can be made.
[*104] 104 ’ Award is therefore entered in the favor of the claimant in the total sum of $634.68, payable to him forthwith.
This award is subject to the approval of the Governor as provided in Section 3 of 44.AnAct concerning the payment of compensation awards to State employees. ”