Dorothy Fogleman v. State of Illinois — 17 Ill. Ct. Cl. 50

DOROTHY FOGLEMAN, WIDOw OF GLEN FOGLEMAN, DECEASED, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant, widow of a state employee killed in a car accident while returning from work-related crow bombing, sought compensation under the Workmen's Compensation Act. The court found the accident arose out of and in the course of employment and awarded $4,800.00, including a 20% increase under Section 7(l).

Claim type: Wrongful Death

Statutes cited: Section 7 (a) of the Workmen's Compensation Act; Section 7 (l) of the Workmen's Compensation 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 .aT-claznL by widow wider. Sectzoia 7 of

CLAIMANT, pro se. GEORGE F. BARRETT, Attorney General ; C. ARTHUR NEBEL,Assistant Attorney General, for Respondent. WORKMEN’SCOMPENSATION .aT-claznL by widow wider. Sectzoia 7 of sazd uct. Where employee of the Department of Conservation while returning to work i n an automobile and his front tire blew out causing his death and his widow complying with all provisions of said act is entitled to an award under Sec. 7 ( a ) .

C. J.

ECKERT, Claimant, Dorothy Fogleman, is the widow of Glen Fogleman, deceased, who was formed:- employed by the respondent as Supervisor of Pedatory Control in the* Department of Conservation. On February 5 , 1947 claimant mas engaged in the bombing of a crow rookery near Oblong, Illinois. In the compan3- of other employees of the department, he hung dynamite shot bombs in a hedgerow and drove to Oblong for lunch. While returning to the rookery to explode the bombs, a front tire of his automobile blew out, and the car crashed over a twenty foot embankment, resulting in his death from r? fracture of the neck. Claimant, as widow of the deceased employee, seeks an award for the death of her husband under the provisions of the Workmen’s Compensation Act.

At the time of the accident, which resulted’in the death of Glen Fogleman, the employer and employee 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 [*51] time provided by the act. The accident arose out of and in the course of decedent’s employment.

Decedent had been employed by the respondent continuously for more than one year prior to -his death at a salary bf $2,556.00 per year decedent’s average weekly wage was $49.15 so that his compensation rate is the maximum of $15.00 per week. The death having occurred subsequent to July 1, 1945, this must be increased 20%, making a compensation rate of $18.00 per week. The decedent had no children under sixteen years of age dependent upon him for support at the time of his death.

Claimant is, therefore, entitled to an award under Section 7 (a) of the Workmen’s Compensation Act in the . amount of $4,000.00, which must be increased 20% under Section 7 (l), making a total award of $4,800.00. ,411 award is, therefore, made in favor of the claimant, Dorothy Fogleman, in the amount of $4,800.00 to be paid to her as follows: $ 576.00, accrued is payable forthwith; $4,224.00, is payable in weekly installments of $18.00 per week, beginning September 18, 1947, for a period of 234 weeks, with an additional final payment of $12.00.

911 future payments being subject to the terms and provisions of the Workmen’s Compensation Act of Illinois, jurisdiction of this cause is specifically reserved for the entry of such further orders as may from time to time 1 be necessary.

This award is subject to the approval of the Governor, as provided in Section 3 of “A.II act concerning the payment of compensation awards to State employees. ”