Marion G. Robertson v. State of Illinois — 16 Ill. Ct. Cl. 316

MARION G. ROBERTSON, WIDOW OF HAROLD ROBERTSON, DECEASED, FOR HERSELF AND AS NEXTFRIEND AND MOTHER OF HAROLD G. ’ ROBERTSON, AMINOR, Claimant, v. STATE OF ILLINOIS, RE- spondent.

Case summary

The claimant, widow of a state employee who died in a car accident while traveling to a required training conference, sought compensation under the Workmen's Compensation Act. The court awarded $5,340.00, finding the death arose out of and in the course of employment.

Claim type: Wrongful Death

Statutes cited: Section 7(a) of the Workmen's Compensation Act; Section 24 of the Compensation Act; Section 3 of 'An Act concerning the payment of compensation awards to State employees'

Cases cited: Lilla M. Miller vs. State of Illinois, No. 3991, 16 C.C.R.; Margaret L. Taylor vs. State of Illinois, No. 3996, 16 C.C.R.

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

Headnotes

ROBERTSON, A MINOR, Claimant, us. STATE OF ILLINOIS, RE- A RTHUR NEBEL, Assistant Attorney General, for re- I W ORKMEN ’ S COMPENSATION Am-Rehabilitation Counselor-&ate ,De-

a MARION G. ROBERTSON, pro se. , , ’ GEORGE F. BARRETT, Attorney General, and C. ARTHUR NEBEL, Assistant Attorney General, for re- I spondent. WORKMEN ’ SCOMPENSATION Am-Rehabilitation Counselor-&ate ,Depaptment of Registration and Edmcation w i t h i n provisions of- when injuries &st,ained in autom.obile collision resulting in deat-eemed to be arising out of tamd in the coume of employm’mt-u;hen award for 4 317 cmpensation therefor m a y be made under Section 7 ( a ) of Act. Where a n employee of the State in traveling by automobile, i n pursuance of instructions from his department to attend a training conference, meets with an accident by colliding with a tractor-trailer on road, and sustains accidental injuries, resulting in his death, the same are deemed to ’ have arisen out of and in the course of his employment and are compensable under the Act; an award may be made for compensation for his death under Section 7 (a) of the Act to those legally entitled thereto upon compliance with the requirements thereof. This question has been decided affirmatively by this Court i n cases of Miller vs. State . and Taylor vs. State, ante, this volume.

BERGSTROM, J.

This claim is brought by Marion G. Robertson, widow of Harold Robertson, in her own behalf, and be’ half of her minor son, Harold G. Robertson, against the State of Illinois, under Section 7(a) of the Workmen’s Compensation Act.

The record consists of the Complaint, Departmenta: ’ Report, Claimant’s Waiver of Brief and Respondent’s , Waiver of Brief.

The decedent was employed on July 7, 1946 by the State Department of Registration and Education as a Rehabilitation Counselor. By a memorandum sent to all Rehabilitation Counselors from the Office of the State Supervisor, Division of Rehabilitation, decedent was requested to attend a training conference for the blind at Bloomington, Illinois, to be held October 14, 1946 through October 19, 1946. Hotel reservations had been mcide by respondent for decedent at the Illinois Hotel, Bloomington, for the night of October 13, 1946 through October 18, 1946.

That in pursuance of said orders and instructions, decedent, the said Harold Robertson, left his office in Harrisburg on October 13, 1946 and drove his automobile northward toward his destination of Bloomington, with the intention of attending said conference the following morning. At about 9:00 P. M. October 13, 1946 at a point [*318] 318 0 approximately two miles south of Bloomington, Illinois, on U. S. Route 66, decedent’s automobile collided with a tractor-trailer which was parked and standing facing in a northerly direction on the east side of the pavement.

The tractor-trailer was standing on said pavement in total darkness, the driver having failed and omitted to place lights, flares or other warning signals. As a result of said collision, decedent, Harold Robertson, sustained injuries which caused his death on the following day, October 14, 1946.

The record further discloses that the Department of Registration and Education had immediate notice of decedent’s death as a result of this accident, and is complaint herein was filed within six months of the date of death the provisions of Section 24 of the Compensation Act have been fully met.

The only question to be decided is whether an employee of the respondent who is traveling as required by his employment is entitled to compensation under the Workmen’s Compensation Act. This question has been decided affirmatively by this court in the cases of Lilla M . Il/filler vs. State of Tllimois, No. 3991, 16 C.C.R., and

I

Margaret L. Taylor vs. State of Illimois, No. 3996, 16 C.C.R. Respondent paid decedent a salary of $225.00 per month, which is the salary paid to persons of the same L9 class in the same employment. Claimant is entitled to an award in the sum of $4,450.00. Since the death occurred subsequent to July 1, 1945 this must be increased 20%, making a total award of $5,340.00. The weekly compensation rate is the maximum of $15.00, increased 20%, or $18.00 per week.

An award is therefore entered in favor of claimant, [*319] Marion G. Robertson, in the amount of $5,340.00, to be paid to her as follows: $ 612.00 accrued, is payable forthwith; $4,728\00 is payable in weekly installments of $18.00, beginning on the 16th day of June, 1947 for a period of 262 weeks, with an additional final payment of $12.00.

All future payments being subject to the terms and conditions of the Workmen’s Compensation Act of Illinois, jurisdiction of this cause is specifically reserved for the entry of sulch further orders as may from time to time be necessary. .

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. ”