ELVAJENNINGS PENWELL, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought additional medical and nursing expenses for ongoing care due to total paralysis from a 1936 work injury. The court awarded $2,316.09 for expenses from February 1, 1949 to February 1, 1950.
Cases cited: Penwell v. State, 11 C.C.R. 365
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Headnotes
- IVAN A. ELLIOTT, Attorney General; C. ARTEUR NEBEL,Assistant Attorney General, f o r Respondent. W ORKMEN’ S COMPENSATION ACT-when a n award f o r compensation under may be made. Where a n employee, seriously injured i n his employment, becoming temporarily blind and generally paralyzed, and after being awarded sums for total permanent disability and for medical, surgical and hospital services to t h e time of the award; and where further awards have been made to the employee for necessary medical and nursing expenses, and where she remains i n a paralyzed condition, requiring almost constant nursing attention, and almost daily attention b y a physician, a further award will be made upon the employee’s paid vouchers for such services rendered to date from the period of the last award.
Claimant was injured on February 2, 1936, in an accident arising out of and in the course of her employment as a supervisor at the Illinois Soldiers' and Sailors' Children's School at Normal, Illinois. The injury was serious, causing temporary blindness and general paralysis. The facts are fully detailed in the case of Penwell v. State, 11 C.C.R. 365, in which an award was made to the claimant of $5,500.00 for total permanent disability, $8,215.95 for necessary, medical, surgical, and hospital [*177] services expended or incurred to and including October 22,1940, and an annual pension of $660.00. On February 10,1942, a further award was made to claimant for medical and hospital expenses incurred from October 22, 1940, to January 1, 1942, in the amcunt of $1,129.82. On March 10, 1943, a further award was made to claimant for medical and hospital expenses from January 1,1942, to December 31, 1942, in the amount of $1,164.15. On March 15, 1944, a further award was made to claimant for medical and hospital expenses from January 1,1943, to and including September 30, 1943, in the amount of $853.07. On April 17, 1945, a further award was made to claimant for medical and nursing expenses incurred from October 1,1943, to and including February 28, 1945, in the amount of $1,955.29. On September 12, 1946, a further award was made to claimant for medical and nursing expenses incurred from February 28, 1945, to and including April 1, 1946, in the amount of $1,646.12.
On June 5, 1947, a further award was made to claimant for medical and nursing expenses incurred from April 1, 1946, to and including April 1, 1947, in the amount of $2,108.30. On September 22, 1948, a further award was made to claimant for medical and nursing expenses incurred from April 1,1947, to and including April 1,1948, in the amount of $2,207.80. On April 19, 1949, a further award was made to claimant for medical and nursing expenses incurred from April 1, 1948, to and including February 1, 1949. Claim is now being made for an additional award of $2,316.09 for medical and nursing expenses from February 1, 1949, to and including February 1, 1950.
Claimant remains totally paralyzed from the waist down, the paralysis being of a spastic type; her physical condition has not improved. She has no control over her [*178] lower limbs, nor over her urine and fasces. From April 1,1948, to and including February 1,1949, she has been required, to relieve her of her injury, and to prevent deformity and to stimulate circulation, and for relief of bed sores, to employ and receive medical services and nursing attention. She remains helpless, requiring the services of nurses or attendants to move her to and from her bed, to change her bed clothing at least three or four times a day, to administer light treatment to the affected parts of her paralyzed body, and to rub her body with ointments prescribed by her physician. Because of -the complete paralysis of her lower abdomen and legs, the functioning of her kidneys and bladder is impaired, and medical attention is required to flush these organs and to prevent infection arising from her impaired circulation and paralysis. The services of a physician are needed almost daily and must be rendered at her home.
Claimant has, therefore, employed a physician on a monthly basis at a charge of $90.00 per month, which is a lesser rate than ordinarily charged, and for massage treatment, and for which she seeks reimbursement, in the total sum of $1,103.00. Claimant also seeks reimbursement at the rate of 75 cents per day in the amount of $273.75 for room and board of attending nurses. Such expenditure obviates the employment of both a day and night nurse. In addition, claimant has expended, for nursing services, $777.60, and for drugs and supplies, $161.74. She has submitted to the Court, with her verified petition, the original receipts and vouchers showing payment of these respective items.
Award is, therefore, made to the claimant for medical and nursing expenses from February 1, 1949, to and including February 1, 1950, in the sum of $2,316.09, [*179] which has accrued and is payable forthwith. The Court reserves for future determination claimant's need for further medical, surgical and hospital services.