CARL BENDER, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant, a state highway repairman, injured his knee while wheeling cement and was temporarily totally disabled for about five months. The court awarded him $280.00 based on the stipulated compensation rate and statutory provisions.
Statutes cited: Section 10 E of the Compensation Act; Paragraph 145, Section J
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Headnotes
- WORKMEN'S COMPENSATION ACT-when award made. Where claimant is an employee of the State, was accidentally injured while engaged in and in the course of his employment, and such employment is within the purview of the Workmen's Compensation Act an award for such injuries will be made in accordance with the provisions of said Act.
Under a stipulation filed in this cause, it appears that on or about August 28, 1932, claimant was employed by the State of Illinois as a repair and maintenance man on State Highway No. 5, at a point about five miles west of Belvidere, and that he was receiving compensation at the rate of Thirty Dollars ($30.00) per week; that while wheeling a wheelbarrow full of cement from the cement mixer to the road, he struck a projection, causing him to fall, twisting his left leg and knee and being struck by the handle of the wheelbarrow, resulting in laceration of the ligaments of the knee; that immediately after the injury, the knee was placed in a cast; that claimant was compelled to use crutches and unable to do any work and temporarily and totally disabled for a period of approximately five months; further, that claimant was employed only a part of the working days in the year (about 50%), and the compensation would be determined under Section 10 E of the Compensation Act; that claimant is the father of and supporting four children, all under the age of sixteen years; that claimant, under Paragraph 145, Section J, would receive $14.00 per week by virtue of having four children at the age stated, for a period of twenty (20) weeks, or a total of Two Hundred Eighty Dollars ($280.00).
Under this stipulation, no disagreement as to facts exists.
Claimant was an employee of the State; was injured while engaged in and in the course of his employment, and such employment was within the purview of the Workmen's Compensation Act. The only question, therefore, is a determination of the amount of an award that should be allowed.
Under the stipulation of facts and the statutory provisions applying in such case, an award on a basis of $14.00 per week for a period of twenty (20) weeks, or a total of Two Hundred Eighty Dollars ($280.00), is hereby allowed.