MARY T. HEDIGER, Claimant, v. STATE OF ILLINOIS, Respondent. Opinaon filed Novenrber 12, 194’;.
Case summary
Claimant sought workers' compensation death benefits after her husband, a highway equipment operator, was killed in a work-related accident. The court awarded $4,800, computed at $18 per week for 244 weeks plus a final payment, based on the decedent's average weekly wage and the statutory rate.
Statutes cited: Section 10(a) of the Workmen's Compensation Act; Section 7(a) of the Workmen's Compensation Act; Section 3 of 'An Act concerning the payment of compensation awards to State employees'
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Headnotes
- GEORQEF. BARRETT, Attorney General, and C. AR’ THUR NEBEL,Assistant Attorney General, for Respondent. WOKI ( M ~ ’ CONPENSATION
- S Am-employee of the Department of
- Publtc Works and Bztzldangs.-when deutla results an the course of emplo~nmzt-uth uztiul-d wny be nmde for compensution the?efor under Sectzon 7 , Par. ‘*A’’of Act. Where an employee of the Department of Public Works, Division of Highways, receives accidental injuries causing hls ~
- death while performing his duties, is compensable under the provision of Section 7, Par. “A” of the Act upon compliance with the requirements thereof.
Claimant, Mary I. Hediger, is the widow of John T. Hediger, deceased, ~ l i owas formerly employed by the Department of Public Works and Buildings, Division of Highways, as 911 equipment operator. On June 9, 1941 while perfgrming his duties as such operator, a road grader knocked down the decedent and passed over him.
Death o & - r e c l a few hours later. Claimant, as widow of the deceased employee, seeks an award for the death of her husband under the provisions of the Wodcmen7s Compensation Act.
At the time of the accident, which resulted in the death of John T. Hediger, 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 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 co11- tinnously for more than one year prior to his deal11 at [*96] a salary of $2,040 per animm. Under Section 10 ( a ) of the Workmen’s Compensation Act, compensation must be computed on the basis of this annual wage, making the decedent’s average weekly wage $39.23, and his compensation rate 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 $1800 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 2076, making a total award of $4,800.00.
An award is therefore made in favor of the claimant, Mary I. Hediger, in the amount of $4,800.00, to be paid to her as follows: $ 396.00 which has accrued and is payable forthwith; $4,404.00 is payable in weekly installments of $18.00 per week, be ginning November 10, 1947, for a period of 244 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 f or the entry of such 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. ” [*91] +