OZELL BUSH, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant, a member of the Illinois National Guard, was injured during encampment when a fractious horse jumped on him, causing a permanent hernia. The court awarded $3,442.00 based on the Workmen's Compensation Act.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- MILITARY SERVICE-when award will be made for injuries sustained in line of duty-Workmen's Compensation Act. Where it appears from the evidence that claimant receives injuries in line of duty while a member of the Illinois National Guard, an award will be made and the amount determined under the Workmen's Compensation Act.
The claimant on Aug. 5th, 1927 as a member of Co. F, Illinois National Guard and during said guard's period of encampment and while in line of duty a fractious horse ridden by another member of the National Guard jumped on claimant striking him in the back causing a hernia tumor to appear in his back, and it does appear that claimant received a dangerous and permanent injury and that such injury occurred in the line of patriotic duty. The claimant asked for Ten Thousand ($10,000.00) Dollars, but in line of precedent the only measure that can be considered here is the Workmen's Compensation Act.
The Attorney General comes and taking into consideration the fact that the extent of the injury of claimant according to the testimony was estimated to have been eighty per cent and sixty per cent respectively and taking that as a basis and the fact of the dependents of the deceased, the claimant ought to recover measuring the Workmen's Compensation Act together with the medical and hospitalization expenses, the sum of Three Thousand Four Hundred and Forty-two ($3,442.00) Dollars.
Therefore it is recommended that claimant be allowed Three Thousand Four Hundred Forty-two ($3,442.00) Dollars.