Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 2.

Settlement of claim for $1,000.00 and cost of necessary medical services rendered employee, amounting to $75.00, advised.

PAUL T. O'DANIEL, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed November 24, 1936.

STATEMENT OF FACTS.

Paul T. O'Daniel, 1623 Cedar Street, Quincy, Illinois, claims to have sustained an injury on the 18th day of June, 1934, to the left patella while working as a carpenter's helper on Project No. S201-B4-33. Said project consisted of repairing and painting Turner Hall, 926 Hampshire Street, Quincy, Illinois, as offices of the Adams County Emergency Relief Committee. Work on the project started on the 1st day of [*549] June, 1934. All labor, materials and moneys were furnished by the Illinois Emergency Relief Commission. The total cost of the project was $3,390.00. Said project was requested by the Adams County Relief Committee. Said relief committee was represented by Chairman W. F. Gerdes. This project was approved by A. R. Lord, Illinois Emergency Relief Commission State Administrator of Work Relief.

Mr. O'Daniel was assigned to work on the 18th day of June, 1934, as a carpenter's helper. On the morning aforesaid, he reported to the head carpenter, Mr. Thomas Elick, at the relief office.

Mr. Elick among other things asked Mr. O'Daniel to ascend a fourteen foot ladder which had been placed against the east wall of the building and to nail a two by four board about three feet long to a partition. In the course of Mr.

O'Daniel's work, sharp-edged cutting tools were used, such as chisels and saws. Mr. O'Daniel was about ten feet above the floor proceeding with his work when the ladder slipped and he fell to the floor. See exhibit (1). As a result of said fall, claimant sustained a comminuted fracture of the left patella and general bruises. After the accident, at the direction of Fred S. Williams, superintendent of the Adams County Emergency Relief Committee, claimant was taken immediately to St. Mary's Hospital, Quincy, Illinois, where his leg was placed in a plaster cast and remained in same until the 8th day of August, 1934. See Exhibit (2). Claimant was under the care of Dr. F. T. Brenner, Illinois State Bank Building, Quincy, Illinois.

Dr. Brenner was interviewed on or about the 6th day of June, 1935. At this time he claimed that Mr. O'Daniel was permanently disabled for hard manual labor and it would be necessary to operate on the knee to cure the claimant. See Exhibit (2).

Mr. O'Daniel was brought to Chicago on the 7th day of July, 1936, to be examined by Dr. Emil D. W. Hauser, who is an outstanding orthopedic surgeon. At this time Dr.

Hauser found the claimant had an 80 per cent disability. Dr.

Hauser is also of the opinion that an operation should be performed on the knee to perfect a cure. See Exhibit (3).

The records of the Adams County emergency relief office showed that Mr. O'Daniel had been assigned to work twenty[*550]four hours on this particular assignment. This assignment was for the month of June and he was to receive $26.00 for his work. This sum was the amount of his budget for said month. The work periods were broken up into four sections.

This would mean that the claimant would receive $4.50 per week.

Claimant's medical bills and hospital bills had been paid by the Adams County Emergency Relief Committee.

Claimant's accident was in the course of, and arose out of, his employment. Further, the Adams County Emergency Relief Committee had notice of the accident and demand for compensation was made on his employer within six months after his injury.

Section 8, subsection (e) of the Workmen's Compensation Act of the State of Illinois provides as follows: "For injuries in the following schedule, the employee shall receive compensation for the period of temporary total incapacity for work resulting from such injury, in accordance with the provisions of paragraphs (a) and (b) of this section, for a period not to exceed sixty-four weeks, and shall receive in addition thereto compensation for a further period subject to limitations as to amounts as in this section provided, for the specific loss herein mentioned, as follows, but shall not receive any compensation for such injuries under any other provision of this Act."

Section 8, subsection 15, of the Workmen's Compensation Act of the State of Illinois provides as follows: "For the loss of a leg, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during one hundred and ninety weeks."

Medical examination and doctor's report show that Paul T. O'Daniel has an 80 per cent permanent and complete loss of the left leg.

At the time of the accident, the claimant had three children under sixteen years of age, they being Lucina May, aged six; Dolores June, aged four; and Paul Frederick, aged two.

Claimant filed a petition in the Court of Claims which is known as Paul T. O'Daniel vs. State of Illinois No. 2637.

A release has been filed in the Court of Claims asking that the above case be dismissed as claimant and his attorney have agreed to accept one thousand dollars ($1,000.00) in full settlement for his injuries. [*551]

ADVISORY OPINION.

Per Curiam: Pursuant to your request for an advisory opinion, based upon the attached statement of facts submitted by you in the matter of the claim of Paul T. O'Daniel, we beg to submit our conclusions herewith.

Based upon the foregoing statement of facts submitted by you, we are of the opinion that the claimant is entitled to receive compensation under the terms and provisions of the Workmen's Compensation Act for the injuries sustained by him as shown by said statement; and that the amount of compensation to which he is entitled for his present disability under the facts set forth in such statement is in excess of the amount which the claimant has agreed to accept in full settlement, to wit, One Thousand Dollars ($1,000).

If the claimant is represented by competent legal counsel, and has been fully advised as to his rights in the matter, and is willing to enter into a settlement contract providing for a lump sum settlement of One Thousand Dollars ($1,000.00), we are of the opinion that it is to your advantage to accept his proposition, and enter into a proper settlement contract with him regarding the matter.

We are further of the opinion that any settlement made by you in the matter should be subject to the following conditions, to wit: 1. The settlement contract should include a waiver of the right to review the same by the Industrial Commission or by this court upon the petition of either party thereto as provided by Paragraph H, Section 19 of the Workmen's Compensation Act. 2. The case of said Paul T. O'Daniel against the State of Illinois, No. 2637, now pending in this court, be dismissed. 3. That payment of the agreed amount be made by the Illinois Emergency Relief Commission out of any funds held by it for the payment of such claims.

SUPPLEMENTARY STATEMENT OF FACTS.

An award of One Thousand Dollars ($1,000.00) was sanctioned by the Court of Claims in the above entitled cause on the 8th day of December, 1936, but it has since come to the [*552] attention of the Illinois Emergency Relief Commission that one of the claimant's doctors was not paid by the Adams County Emergency Relief Committee for his services, and the Illinois Emergency Relief Commission is now asking that the court sanction payment of this bill.

Dr. F. T. Brenner, Illinois State Bank Building, Quincy, Illinois, claims that the Adams County Emergency Relief Committee asked him to attend Paul T. O'Daniel after he sustained his injuries while working for the Adams County Emergency Relief Committee. Claimant was treated for six months after his accident. A bill for Seventy-five Dollars ($75.00) has been rendered to the Illinois Emergency Relief Commission by Dr. F. T. Brenner for his services. Said bill has been examined and found to be reasonable for the services rendered. (See Exhibit IV.)

SUPPLEMENTAL ADVISORY OPINION.

Per Curiam: Pursuant to your request for an advisory opinion in the matter of the claim of Dr. F. T. Brenner against the Illinois Emergency Relief Commission, we beg to submit the following opinion: On December 8th, 1936, we rendered an advisory opinion in the matter of the claim of Paul T. O'Daniel against the Illinois Emergency Relief Commission. The claim of Dr. F. T. Brenner is for medical and surgical services rendered to said Paul T. O'Daniel in connection with the injuries involved in his aforementioned claim. In our opinion of December 8th, 1936, we concluded that a settlement of the claim of Mr.

O'Daniel would be justified under certain conditions set forth in such opinion.

We take it for granted that such conditions have been complied with.

Based upon that assumption, and the statement of facts submitted by you in connection with the O'Daniel claim, as well as the statement of facts submitted by you in the present claim, we are of the opinion that the Illinois Emergency Relief Commission is liable for the amount of Dr. Brenner's claim, and that payment thereof should be made by the Illinois Emergency Relief Commission out of any funds held by it for the payment of such claims. [*552]

ORR v. ILLINOIS EMERGENCY RELIEF COMMISSION.