Claimant, v. STATE OF ILLINOIS, MELVIN W. NEWMAN, Respondent.
Case summary
Claimant sought compensation for a left knee injury sustained while employed as a laborer-construction by the Division of Highways. The court awarded 20% permanent partial loss of use of the left leg, totaling $741.00, reduced by $129.34 overpayment for non-productive time, resulting in an award of $611.66.
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Headnotes
- WORKITEN’S COMPENSATION Am-where award will be made under. Where a construction laborer employed by the Division of Highways, received injuries i n the course of his employment and the evidence showed t h a t he sustained 20% total disability to his left leg, a n award theyefor will be made under the Act.
Claimant sustained an injury to his left knee on March 1, 1948 while employed by the Division of High. ways, under the classification laborer-construction.
There are no jurisdictional questions involved. All temporary total disability payments have been made.
Claimant also seeks to recover for an injury to his left elbow. It is undisputed that this injury did not occur in the course of his employment. Therefore no recovery can be allowed for this injury. Claimant’s earnings in the year preceding his injury were $2,480.00.
Dr. H. B. Thomas, professor emeritus of orthopedics, Illinois University, College of Medicine, examined and treated claimant. In his opinion claimant has sustained 20% total disability to left leg. This is the only medical evidence offered.
From the evidence, claimant is entitled to an award of 20% total disability of the left leg.
Rothbart and Sewell have submitted a statement for $35.80 for stenographic services. The claim is reasonable and is allowed.
William J. Cleary & Co. have submitted a statement [*217] for stenographic services. The claim is reasonable and is allowed.
Claimant was overpaid for non-productive time in the amount of $129.34. This amount will be deducted from the award.
On the basis of this record, we make the following award : 20% permanent partial specific loss of the use of the !eft leg in the amount of $741.00, less the, sum of $129.34 paid for non-productive time, malting an award of $611.66, all of which has accrued and is payable forthwith.
0 An award is also entered in favor of Rothbart & Sewell for stenographic services in the amount of $35.80, which is payable forthwith.
An award is also entered in favor of William J. Cleary & Co. for stenographic services in the amount of $21.10, which is payable forthwith.
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 ”.