William Douglas v. Illinois Emergency Relief Commission

WILLIAM DOUGLAS, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed April 14, 1937.

STATEMENT OF FACTS.

William Douglas, 1426 Newberry Avenue, Chicago, Illinois, claims to have sustained an injury on the 14th day of March, 1935, to the first and second lumbar vertebrae while working as a maintenance man on Project No. S1-B20-820. Said project was maintenance and construction work which provided for personnel for maintenance and construction department at headquarters of the Illinois Emergency Relief Commission, 1319 South Michigan Avenue, Chicago, Illinois, and at the Chase Park Relief Office, 4410 Ravenswood Avenue, Chicago, Illinois. Said department took care of alteration and repair work for the following relief agencies: Main office at 1319 South Michigan Avenue, Chicago, Illinois; Personnel office at 1222 South Michigan Avenue, Chicago, Illinois; Unemployment Relief Service in Cook County; Cook County Bureau of Public Welfare in Cook County; Shelters in Cook County; Transient Homes in Cook County; Mattress and Comforters Factory; Tool Department in Cook County; Warehouses in Cook County; furniture in all relief offices in the State; also the building of furniture for nursery schools. Said project was instituted on or about the 16th day of October, 1934, and was completed on or about the second day of April, 1935. The total cost of said project was $83,908.50. Said amount included labor and materials. All monies for said project were furnished by the Illinois Emergency Relief Commission. This project was requested by the Illinois Emergency Relief Commission for maintenance and construction work and was approved by Leo M. Lyons, Administrator of Cook County, and A. R. Lord, Illinois Emergency Relief Commission State Administrator of Work Relief.

The General Assembly of the State of Illinois on or about the 6th day of February, 1932, created the Illinois Emergency Relief Commission. Chapter 23, Section 464, of the Illinois [*567] Revised Statutes, 1935 Edition, sets out the duties of said Commission, which are as follows: "Powers and Duties. 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 co-operate 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 Department, furniture shops, mattress factories, canneries, 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 carpentry, plumbing, janitor work, engineering, and general repair work. Said furniture shops manufacture 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 divisions furnish men to the State Highway Department, counties, townships, cities and parks for general maintenance work. All of the above enterprises or projects use sharpedged cutting tools, such as saws, chisels, mattocks and axes.

Said buildings operate electric motors, elevators, and boilers, all of which are governed by municipal ordinances.

Mr. Douglas was assigned to work on said project about the 17th day of October, 1934. Claimant had been assigned to other projects similar to this one previous to the date heretofore mentioned. In fact, claimant had been associated with the maintenance department since 1932. Claimant worked approximately 192 hours per month and for his services received $35.00 per month and maintenance. The Illinois Emergency Relief Commission estimates that the cost of maintenance at a shelter is $9.00 per month, so this would [*568] mean that the claimant received $44.00 per month for his services.

Mr. Douglas was directed by F. Urso, foreman at 1426 Newberry Avenue, which is a shelter supported by the Illinois Emergency Relief Commission, to solder certain parts of a refrigerator located in said building. Said refrigerator was used by the shelter for the storage of all perishable foods. It was approximately 12 feet high, 8 feet long, and 6 feet wide. Mr. Douglas had placed a stepladder in front of the refrigerator and was on the top rung inspecting the refrigerator when the ladder slipped out from under him. He attempted to grab a conduit pipe near the ceiling but could not hold on and as a result, he fell to the floor, falling on top of the ladder and injuring his back. As a result of said fall, claimant sustained a compression fracture of the first and second lumbar vertebrae. Claimant was immediately taken to Cook County Hospital, Chicago, Illinois, by F. Urso, and placed in a body cast. Patient was released from said hospital on or about the first day of April, 1935. Claimant was under the care of Dr. Charles Scuderi and Dr. John T. Reynold, both of Cook County Hospital (See Exhibit 1).

In the course of Mr. Douglas' work, sharp-edged cutting tools were used, such as chisels, saws, blow torches. There were also three Kewanee boilers, three engines, and four electrical motors in said building. Said building was occupied by about 1,400 men as temporary living quarters.

Claimant's accident was witnessed by H. W. Williams and Mark Ryder, both occupants of said shelter. It was impossible to secure statements from either of the heretofore mentioned parties because by the time the Illinois Emergency Relief Commission was informed that said accident had occurred, these transients had moved to places unknown, and to the knowledge of the Illinois Emergency Relief Commission, said witnesses have not returned to the shelter.

Dr. Carlos Scuderi was interviewed on or about the 12th day of June, 1935. At this time he stated that Mr. Douglas was permanently disabled for hard manual labor and that at this time he had a permanent total disability of 40 per cent.

Further, that it was impossible to tell at this date whether the claimant's condition would improve with physiotherapy treatments. [*569]

Mr. Douglas was asked to submit to a medical examination on the 21st day of February, 1936. Said examination was made by Dr. W. C. Hammond (See Exhibit II).

Mr. Douglas was asked to submit to another medical examination which was made by Dr. L. W. Riba, an outstanding genito-urinary physician, because it was suspected at this time that the claimant was suffering from syphilis and that because of his physical condition, it was impossible for the claimant to recover completely from said injury. Said examination was made the 5th day of May, 1936 (See Exhibit III).

Payment of medical bills and hospital bills had been made by the Illinois Emergency Relief Commission with the exception of $54.00 which is due the Cook County Hospital for hospitalization (See Exhibit IV).

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

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 * * *" 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 is reasonably required to cure or relieve from the effects of the injury * * *" Section 8, Subsection (e), of the Workmen's Compensation Act of the State of Illinois provides: "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."

Mr. Douglas claims that for thirteen years he was a journeyman's plumber and that the union scale when he was [*570] so employed was $13.00 a day, although immediately preceding said accident, claimant was employed as a waiter and earned approximately $15.00 a week.

Section 8, Subsection (d), of the Workmen's Compensation Act of the State of Illinois provides:

"If, after the injury has been sustained, the employee as a result thereof becomes partially incapacitated from pursuing his usual and customary line of employment, he shall, except in the cases covered by the specific schedule set forth in paragraph (e) of this section, receive compensation, subject to the limitations as to time and maximum amounts fixed in paragraphs (b) and (h) of this section, equal to fifty per centum of the difference between the average amount which he earned before the accident and the average amount which he is earning or is able to earn in some suitable employment or business after the accident."

Medical examinations and doctors' reports show that William Douglas has a 15 per cent permanent and complete loss of the use of his back. At the time of the accident, claimant had no dependents.

Claimant filed a petition in the Court of Claims which is known as William Douglas vs. State of Illinois, No. 2716. Said case is now pending before the court.

A release and release and waiver have been filed in the Court of Claims providing that the above case be dismissed. Claimant and his attorney have agreed to accept $534.00 in full settlement for his injuries.

ADVISORY OPINION.

Per Curiam:

Pursuant to your request for an advisory opinion in the matter of the claim of William Douglas against the Illinois Emergency Relief Commission, we beg to submit the following as our conclusions and opinion in the matter, to wit:

Based upon the foregoing statement of facts submitted by you, and the exhibits attached thereto, we are of the opinion that the claimant is entitled to have and receive compensation under the terms and provisions of the Workmen's Compensation Act for the injuries sustained by him, and the disability resulting therefrom, as shown by said statement; and that the amount of compensation to which he is entitled for such injuries and disability is in excess of the amount which the claimant has agreed to accept in full settlement of his claim, to wit, Five Hundred Thirty-four Dollars ($534.00). [*571]

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 $534.00 in full settlement, satisfaction and discharge of all liability on account of the accident and injury in question, we are of the opinion that it is to your advantage to accept his proposition.

Payment of the medical and hospital bills which you have already paid was authorized by Section 8-A of the Workmen's Compensation Act, and payment to the Cook County Hospital of the balance due it, to wit, $54.00, is also authorized by the same provisions of such Act.

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, under the provisions of Paragraph H, Section 19 of the Workmen's Compensation Act.

2. The case of said William Douglas against the State of Illinois, now pending in this court, as shown by the aforementioned statement, should be dismissed.

3. Payment of the amount agreed upon should be made by the Illinois Emergency Relief Commission out of any funds held by it for the payment of such claims.