Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission — 9 Ill. Ct. Cl. 553

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 3. Payment of $109.00 advised. M. PAULENE ORR, Claimant, v. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Case summary

Claimant, a case work aid, was injured when she fell from a car while checking drought relief loan receipts. The court advised that the claim be paid under the Workmen's Compensation Act, awarding $109.00 for medical expenses.

Claim type: Personal Injury Negligence

Statutes cited: Section 3 of the Workmen's Compensation Act of the State of Illinois; Section 3, subsection 8, of the Workmen's Compensation Act of the State of Illinois; Section 8A of 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.

STATEMENT OF FACTS. M. Paulene Orr, 704 South Main Street, Pontiac, Illinois, claims that on the 17th day of August, 1934, she sustained an injury to her jaw and the loss of four front teeth as the result of an accident which occurred at the junction of Route No. 116 and Route No. 47. M. Paulene Orr was employed as a case work aid by the Livingston County Emergency Relief Committee. The duties of a case work aid are to contact families and investigate their needs as to health, employment, and the use of Work Relief money, and also to investigate the receipts and expenditures of drought relief loans, finding pastures for government cattle, delivering clothing and surplus commodities. That on the day heretofore mentioned, the claimant was directed by Mr. Niquette, administrator of the Livingston County Emergency Relief Committee, to check drought relief loan receipts in a certain section of the county. Claimant did not own or operate an automobile so she asked her mother, Mrs. Nina King, to drive her into the county to make the visits. Claimant and her mother left Pontiac on Route No. 116 and arriving at the junction of Route No. 116 and Route No. 47 slowed up the car to make a left turn on Route No. 47; as the car was turning to the left, the right front door opened and, as a result, the claimant fell to the pavement injuring herself as described above. Immediately after the accident, the claimant was taken home by her mother and Dr. Ward called. He immediately ordered the claimant to be taken to St. James' hospital for X-rays. Section 3 of the Workmen's Compensation Act of the State of Illinois provides: "The provisions of this Act hereinafter following shall apply automatically and without election to the State, county, city, town, township, incorporated village or school district, body politic or municipal corporation, and to all employers and all their employees, engaged in any department of the following enterprises or businesses which are declared to be extra hazardous, namely * * *" Section 3, subsection 8, of the Workmen's Compensation Act of the State of Illinois provides: "In any enterprise in which statutory or municipal ordinance regulations are now or shall hereafter be imposed for the regulating, guarding, use or the placing of machinery or appliances or for the protection and safeguarding of the employees or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra hazardous * * *" Records of the Illinois Emergency Relief Commission shows that from September, 1933, to and inclusive of September, 1936, there have been 344 disorderly conduct and assault and battery cases involving caseworkers in the employment of the Illinois Emergency Relief Commission. Said assaults were perpetrated by relief recipients while investigators were trying to investigate whether or not these individuals were eligible for relief. Of the above number, 328 were prosecuted in the Criminal Courts throughout the State. Of said number, 215 were found guilty of the charges heretofore alleged and 35 of said number were found not guilty, 43 of said number were dismissed and 31 of said number were dismissed for want of prosecution; 3 of said number were discharged and then sent to psychopathic hospitals, and one individual was committed directly to a psychopathic hospital. Section 8, subsection (a) of the Workmen's Compensation Act of the State of Illinois provides: "The employer shall provide the necessary first aid medical and surgical services and all necessary medical, surgical and hospital services thereafter, limited, however, to that which it reasonably required to cure or relieve from the effects of the injury * * *" As a result of the accident, the claimant was obliged to pay the following amounts: Medical service .................................................. $15.00 (This amount included tetanus serum) X-rays ......................................................... 8.00 Surgery and dental work....................................... 86.00 Total ......................................................... $109.00 Notice of the claimant's accident was received by Mr. Niquette the same day it happened. Demand for compensation was made by filing a claim in the Court of Claims within six months after the accident. Accident arose out of, and was in the course of, claimant's employment. Said claim is known as M. Pauline Orr vs. State of Illinois, No. 2585. Claimant and her attorneys, Hoopes and Pofferle, have agreed to dismiss the claim now pending before the Court of Claims upon the payment of the medical bills. They are not asking for any temporary total disability or permanent total disability. Medical, dental and X-ray charges have been investigated and found to be reasonable for the services rendered. Claimant has filed a petition in the Court of Claims asking that the case of M. Paulene Orr vs. State of Illinois, No. 2585, be dismissed. AMENDMENT TO STATEMENT OF FACTS. Illinois Legislators on or about the 6th day of February, 1932 created the Illinois Emergency Relief Commission. Chapter 23, Section 464 of the Illinois Revised Statutes, 1935 edition sets out the duties of said Commission which are as follows: "It shall be the duty of the commission until (March 1, 1937), to provide relief to residents of the State of Illinois, who, by reason of unemployment or otherwise, are destitute and in necessitous circumstances. Such relief shall be provided by distributing funds or supplies and by any other means deemed desirable by the commission. For the purpose of carrying out the provisions of this Act, the commission may make use of and cooperate with counties, townships, and any other municipal corporations charged by law with the duty of poor relief and with other local relief agencies." The Illinois Emergency Relief Commission has created many Departments within itself since its creation, through which relief is administered, such as Maintenance Departments, Furniture Shops, Mattress Factories, Canneries and Work Relief Divisions, and other Divisions or Departments too numerous to mention. Said Maintenance Department has charge of maintenance work in all buildings operated by the Illinois Emergency Relief Commission. Said work includes carpentering, plumbing, janitor service, engineering and fireman work. Said furniture shop manufactures furniture which is used in relief offices throughout the State. Said mattress factories manufacture mattresses for relief recipients and for shelters operated by the Illinois Emergency Relief Commission. Said canneries preserve vegetables and fruits which have been grown by relief recipients on Illinois Emergency Relief Commission soil. Said Work Relief Divi566 ORR v. ILLINOIS EMERGENCY RELIEF COMMISSION. sions furnish men to the State Highway Department, counties, townships, cities and parks for general maintenance work. All the above enterprises use sharp-edged cutting tools such as saws, chisels, mattocks and axes. Said buildings operate electrical motors, elevators and boilers which are governed by municipal ordinances. ADVISORY OPINION. Per Curiam: Pursuant to your request for an advisory opinion, based upon the foregoing statement of facts and the amendment thereto, submitted by you in the matter of the claim of M. Paulene Orr against the Illinois Emergency Relief Commission, we beg to submit the following opinion, based upon the aforementioned statement and amended statement, to wit:- At the time of the accident in question both employer and employee were operating under and bound by the provisions of the Workmen's Compensation Act; that the accident in question arose out of and in the course of such employment; that under the provisions of Section 8A of the Workmen's Compensation Act, the Illinois Emergency Relief Commission is liable for the necessary first aid, medical and surgical services, and all necessary medical, surgical and hospital services thereafter, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury;-and that claimant is therefore entitled to be reimbursed the amount paid by her for medical, surgical and hospital services as aforesaid, to wit, the sum of One Hundred Nine Dollars ($109.00). We are further of the opinion that payment of such claim should be subject to the following conditions, to wit: 1. That the case of M. Paulene Orr against the State of Illinois, being No. 2585, now pending in this court, be dismissed. 2. That payment of said claim be made by the Illinois Emergency Relief Commission out of any funds held by it and allocated for the payment of such claims.

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 3.

Payment of $109.00 advised.

M. PAULENE ORR, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed January 13, 1937.

STATEMENT OF FACTS.

M. Paulene Orr, 704 South Main Street, Pontiac, Illinois, claims that on the 17th day of August, 1934, she sustained an injury to her jaw and the loss of four front teeth as the result of an accident which occurred at the junction of Route No. 116 and Route No. 47.

M. Paulene Orr was employed as a case work aid by the

Livingston County Emergency Relief Committee. The

duties of a case work aid are to contact families and investigate their needs as to health, employment, and the use of Work Relief money, and also to investigate the receipts and expenditures of drought relief loans, finding pastures for government cattle, delivering clothing and surplus commodities. That on the day heretofore mentioned, the claimant was directed by Mr. Niquette, administrator of the Livingston County Emergency Relief Committee, to check drought relief loan receipts in a certain section of the county.

Claimant did not own or operate an automobile so she asked her mother, Mrs. Nina King, to drive her into the county to make the visits. Claimant and her mother left Pontiac on Route No. 116 and arriving at the junction of Route No. 116 and Route No. 47 slowed up the car to make a left turn on Route No. 47; as the car was turning to the left, the right front door opened and, as a result, the claimant fell to the pavement injuring herself as described above. Immediately after the accident, the claimant was taken home by her mother and Dr. Ward called. He immediately ordered the claimant to be taken to St. James' hospital for X-rays.

Section 3 of the Workmen's Compensation Act of the State of Illinois provides:

"The provisions of this Act hereinafter following shall apply automatically and without election to the State, county, city, town, township, incorporated village or school district, body politic or municipal corporation, and to all employers and all their employees, engaged in any department of the following enterprises or businesses which are declared to be extra hazardous, namely * * *" [*554] Section 3, subsection 8, of the Workmen's Compensation Act of the State of Illinois provides: "In any enterprise in which statutory or municipal ordinance regulations are now or shall hereafter be imposed for the regulating, guarding, use or the placing of machinery or appliances or for the protection and safeguarding of the employees or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra hazardous * * *" Records of the Illinois Emergency Relief Commission shows that from September, 1933, to and inclusive of September, 1936, there have been 344 disorderly conduct and assault and battery cases involving caseworkers in the employment of the Illinois Emergency Relief Commission. Said assaults were perpetrated by relief recipients while investigators were trying to investigate whether or not these individuals were eligible for relief. Of the above number, 328 were prosecuted in the Criminal Courts throughout the State. Of said number, 215 were found guilty of the charges heretofore alleged and 35 of said number were found not guilty, 43 of said number were dismissed and 31 of said number were dismissed for want of prosecution; 3 of said number were discharged and then sent to psychopathic hospitals, and one individual was committed directly to a psychopathic hospital.

Section 8, subsection (a) of the Workmen's Compensation Act of the State of Illinois provides: "The employer shall provide the necessary first aid medical and surgical services and all necessary medical, surgical and hospital services thereafter, limited, however, to that which it reasonably required to cure or relieve from the effects of the injury * * *" As a result of the accident, the claimant was obliged to pay the following amounts: Medical service .................................................. $15.00 (This amount included tetanus serum) X-rays ......................................................... 8.00 Surgery and dental work....................................... 86.00 Total ......................................................... $109.00 Notice of the claimant's accident was received by Mr.

Niquette the same day it happened. Demand for compensation was made by filing a claim in the Court of Claims within six months after the accident. Accident arose out of, and was in the course of, claimant's employment. Said claim is known as M. Pauline Orr vs. State of Illinois, No. 2585. [*555]

Claimant and her attorneys, Hoopes and Pofferle, have agreed to dismiss the claim now pending before the Court of Claims upon the payment of the medical bills. They are not asking for any temporary total disability or permanent total disability. Medical, dental and X-ray charges have been investigated and found to be reasonable for the services rendered.

Claimant has filed a petition in the Court of Claims asking that the case of M. Paulene Orr vs. State of Illinois, No. 2585, be dismissed.

AMENDMENT TO STATEMENT OF FACTS.

Illinois Legislators on or about the 6th day of February, 1932 created the Illinois Emergency Relief Commission.

Chapter 23, Section 464 of the Illinois Revised Statutes, 1935 edition sets out the duties of said Commission which are as follows: "It shall be the duty of the commission until (March 1, 1937), to provide relief to residents of the State of Illinois, who, by reason of unemployment or otherwise, are destitute and in necessitous circumstances. Such relief shall be provided by distributing funds or supplies and by any other means deemed desirable by the commission. For the purpose of carrying out the provisions of this Act, the commission may make use of and cooperate with counties, townships, and any other municipal corporations charged by law with the duty of poor relief and with other local relief agencies."

The Illinois Emergency Relief Commission has created many Departments within itself since its creation, through which relief is administered, such as Maintenance Departments, Furniture Shops, Mattress Factories, Canneries and Work Relief Divisions, and other Divisions or Departments too numerous to mention. Said Maintenance Department has charge of maintenance work in all buildings operated by the Illinois Emergency Relief Commission. Said work includes carpentering, plumbing, janitor service, engineering and fireman work. Said furniture shop manufactures furniture which is used in relief offices throughout the State. Said mattress factories manufacture mattresses for relief recipients and for shelters operated by the Illinois Emergency Relief Commission. Said canneries preserve vegetables and fruits which have been grown by relief recipients on Illinois Emergency Relief Commission soil. Said Work Relief Divi[*555]566 ORR v. ILLINOIS EMERGENCY RELIEF COMMISSION. sions furnish men to the State Highway Department, counties, townships, cities and parks for general maintenance work. All the above enterprises use sharp-edged cutting tools such as saws, chisels, mattocks and axes. Said buildings operate electrical motors, elevators and boilers which are governed by municipal ordinances.

ADVISORY OPINION.

Per Curiam: Pursuant to your request for an advisory opinion, based upon the foregoing statement of facts and the amendment thereto, submitted by you in the matter of the claim of M. Paulene Orr against the Illinois Emergency Relief Commission, we beg to submit the following opinion, based upon the aforementioned statement and amended statement, to wit:- At the time of the accident in question both employer and employee were operating under and bound by the provisions of the Workmen's Compensation Act; that the accident in question arose out of and in the course of such employment; that under the provisions of Section 8A of the Workmen's Compensation Act, the Illinois Emergency Relief Commission is liable for the necessary first aid, medical and surgical services, and all necessary medical, surgical and hospital services thereafter, limited, however, to that which is reasonably required to cure or relieve from the effects of the injury;-and that claimant is therefore entitled to be reimbursed the amount paid by her for medical, surgical and hospital services as aforesaid, to wit, the sum of One Hundred Nine Dollars ($109.00).

We are further of the opinion that payment of such claim should be subject to the following conditions, to wit: 1. That the case of M. Paulene Orr against the State of Illinois, being No. 2585, now pending in this court, be dismissed. 2. That payment of said claim be made by the Illinois Emergency Relief Commission out of any funds held by it and allocated for the payment of such claims.