WILLIAM C. MOONEY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant, a prison guard, injured his foot when he fell on concrete steps in the dark. He sought compensation for medical expenses and permanent partial disability. The court awarded $671.75 for medical bills and 15% loss of use of the foot, but denied additional lost wages.

Claim type: Personal Injury Negligence

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Headnotes

PERSONAL INJURY-when award will be made. Where it appears from SAME-when no award will be made for loss of time and wages. The

PERSONAL INJURY-when award will be made. Where it appears from the record that claimant received injuries in line of duty, as a guard at the State penitentiary at Stateville, an award will be made upon the recommendation of the Attorney General. SAME-when no award will be made for loss of time and wages. The court is of the opinion that a claim for loss of time and wages is not within the rules of the Workmen's Compensation Act. WILLIAM C. MOONEY, for claimant. OSCAR E. CARLSTROM, Attorney General; ROY D. JOHNSON, Assistant Attorney General, for respondent.

Mr. CHIEF JUSTICE CLARITY delivered the opinion of the court:

The claimant states that while employed by the defendant in the capacity as guard at the state prison at Statesville and while making his rounds at nine o'clock in the evening and the darkness occasioned by the turning out of cell lights, [*226] he struck his left foot against one of the concrete steps and caused him to fall. It appears that claimant's foot became infected and thereafter an operation was performed by removing the first phalanx of the big toe on the left foot which resulted in ankylosis of the second phalanx and according to the testimony of the physician of the State Prison claimant suffered a fifteen per cent loss of the use of his left foot. The claimant's doctor bill which is not disputed, amounted to One Hundred Ninety-five ($195.00) Dollars, and his hospital bill amounted to the sum of One Hundred Eighty-four 75/100 ($184.75) Dollars, these amounts in addition to the sum of $292.00 based on a fifteen per cent loss of foot making the sum of Six Hundred Seventy-one 75/100 ($671.75) Dollars.

The claimant is also asking in addition thereto for loss of time and wages which the court is of the opinion not within the rules of the Workmen's Compensation Act, and which additional amount is not recommended by the Attorney General. The Attorney General however does recommend that an award in the sum of $671.75 be made and which appears to be proper to this court.

Therefore the court recommends that claimant be allowed the sum of $671.75.