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Penwell v. State of Illinois

22 Ill. Ct. Cl. 286 Illinois Court of Claims Filed 1956-04-20 No. 3025
Disposition: (No. 3025-Claimant awarded $5,136.17.) Award: $5,136.17 Agency: Illinois Soldiers' and Sailors' Children's School
Cite as: Penwell v. State of Illinois, 22 Ill. Ct. Cl. 286 (1956)
Legacy General 22 awarded 1950s Penwell v. State of Illinois 22 Ill. Ct. Cl. 286 1956-04-20 (No. 3025-Claimant awarded $5,136.17.) /opinions/v22-p0320-1/

Claimant, 17s. STATE OF ILLINOIS, ELVA JENNINGS PENWELL, Respondent.

Case summary

Claimant sought reimbursement for medical, nursing, and hospital expenses incurred from December 1, 1954 to February 1, 1956, due to a work-related injury. The court awarded $5,136.17 for those expenses and reserved jurisdiction for future needs.

Claim type: Personal Injury Negligence

Cases cited: Penwell vs. State, 11 C.C.R. 365

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

Headnotes

  1. LATHAMCASTLE,Attorney General ; C. ARTHUR NEBEL,Assistant Attorney General, f o r Respondent.
  2. W ORKMEN’ S COMPENSATION ACT-continuing payments on total permanent disability. Evidence justified an award for additional medical, s u r g a l and hospital services incurred to and including February 1, 1956. Claim awarded on authority of Penwell vs. State, 11 C.C.R.365.

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 vs. State, 11 C.C.R. 365, in which an award was made to claimant of $5,500.00 for total permanent disability, $8,215.95 for necessary medical, surgical, and hospital services, expended or incurred to and including October 22, 1940, and an annual life pension of $660.00.

Successive awards have been made by the Court from 1942 to and including December 1, 1954, and the matter is now before the Court for an award to and including February 1, 1956.

The record consists of a verified petition, supported by original receipts; and, waivers of claimant and respondent to file statement, brief, and argument, which were allowed in this case.

The petition alleges that claimant is still bedfast, and requires daily medical and nursing care. It further discloses that claimant has incurred expenses, in the fol1 lowing amounts: 1. Nursing ................................................................................. $1,101.2 5 Room and board for nurses...................................................... 747.25 2. Drugs and Supplies ................................................................. 269.00 3. Physician ................................................................................ 1,853.52 4. Hospital .................................................................................... 1,023.33 5. Miscellaneous ......................................................................... 141.82 $5,136.17 [*288] It appears that the Court of Claims has reserved jurisdiction of this case from year to year to determine the future needs of claimant for additional care, and it further appears to this Court that the amounts so stated were necessarily expended for her medical care.

An award is, therefore, made to claimant for medical, hospital and nursing care from December 1, 1954 to and including February 1,1956, in the amount of $,5,136.17.

The Court reserves jurisdiction for future determination of claimant’s needs for additional medical care.

Official volume 22 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: May 1, 1954–August 31, 1958)  ·  All opinions in this volume  ·  Also on CourtListener

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