Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission — 9 Ill. Ct. Cl. 581

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 9. Payment of $330.50 advised. SARAH E. SHIVELY, Claimant, v. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Case summary

Claimant, a caseworker for the Illinois Emergency Relief Commission, slipped on ice while working and injured her back. The court found the respondent liable under the Workmen's Compensation Act and awarded $330.50 for medical expenses.

Claim type: Personal Injury Negligence

Statutes cited: Chapter 23, Section 464, Illinois Revised Statutes, 1935 Edition; Section 8-A 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. Sarah E. Shively, 1246 West 97th Street, Chicago, Illinois, claims to have sustained an injury to her back on the 25th day of January, 1936, while working as a caseworker for the Illinois Emergency Relief Commission. Miss Shively was employed as a casework aide by the Illinois Emergency Relief Commission and was assigned to work at the Woodlawn District Office, 253 East 63rd Street, Chicago, Illinois. The duties of a caseworker are to contact families and investigate their needs as to health, employment, use of work relief money; also to deliver clothing and surplus commodities. On the day heretofore mentioned the claimant was directed by Miss Margaret Potts, who was Miss Shively's superior, to call on a family who were recipients of relief living in Hegewisch, Illinois. As claimant alighted from her car, she walked toward the front and as she was about to pass in front of her own car, her feet slipped out from under her and she fell to the icy pavement. As a result of said fall, claimant strained the sacro-iliac muscles of her back. The pain became so intense that it was necessary for claimant to go directly to her home and administer first aid. Miss Shively called Miss Potts, her superior, and informed her of the accident. 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 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: Caseworking Department, Maintenance Department, furniture shops, mattress factories, canneries, work relief divisions and other divisions or departments too numerous to mention. Said Caseworking Department investigates the needs of recipients who have applied for and are receiving relief and directs the disbursing of funds to said individuals; 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. Dr. R. L. Van Dellen, 7110 South Halsted Street, Chicago, Illinois, was called on the 27th day of January, 1936. At this time, said doctor found that Miss Shively had SHIVELY v. ILLINOIS EMERGENCY RELIEF COMMISSION. 533 strained the sacro-iliac muscles of her back and that it was necessary to tape her back. Dr. Van Dellen further instructed patient to remain in bed. Miss Shively was later referred to Dr. Emil Hauser, 8 South Michigan Avenue, an outstanding orthopedic surgeon. Dr. Hauser immediately ordered a body cast, so claimant was taken to the Passavant Memorial Hospital where she was placed in a body cast (See Exhibit I). As a result of said injury, the sum of $330.50 has been incurred. Hospital and doctors' bills have been examined and found to be reasonable and fair for the services rendered (See Exhibit II). Said accident arose out of, and was in the course of, claimant's employment. Records of the Illinois Emergency Relief Commission show 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 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 * * *" 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 384 SHIVELY v. ILLINOIS EMERGENCY RELIEF COMMISSION. safeguarding of the employees or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra hazardous: Provided, nothing contained herein shall be construed to apply to any work, employment or operations done, had or conducted by farmers and others engaged in farming, tillage of the soil, or stock raising, or to those who rent, demise or lease land for any such purposes, or to any one in their employ or to any work done on a farm or country place, no matter what kind of work or service is being done or rendered." 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 * * *" Claimant does not ask for temporary total or permanent total disability. ADVISORY OPINION. Per Curiam: Pursuant to your request for an advisory opinion in the above entitled cause, based upon the foregoing statement of facts, and the exhibits attached to and made a part of such statement, all of which have been submitted by you, in the matter of the claim of Sarah E. Shively against the Illinois Emergency Relief Commission, we beg to submit the following conclusions and opinion, based upon such statement and exhibits, to wit: On the 25th day of January, A. D. 1936, the claimant and the respondent were operating under and bound by the provisions of the Workmen's Compensation Act. On said date the claimant sustained accidental injuries which arose out of and in the course of her said employment. Under the provisions of Section 8-A of the Workmen's Compensation Act, the respondent is required to 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. The respondent failed and neglected to provide any medical, surgical or hospital services whatsoever. The claimant therefore secured the necessary medical, surgical and hospital services and paid therefor as follows: To Passavant Hospital, hospital services... $ 52.50 To Dr. Emil Hauser, medical services..... 200.00 To Elizabeth Jansen, physiotherapy treatments ................................. 30.00 To Dr. J. S. Galloway, medical services... 5.00 To Dr. R. L. Van Dellen, medical services.. 43.00 Total ................................. $230.50 No claim is made by the claimant for temporary disability or for partial or total permanent disability. We are therefore of the opinion that claimant is entitled to receive from the Illinois Emergency Relief Commission the amount paid and advanced by her for medical, surgical and hospital services as aforesaid, to wit, the sum of Three Hundred Thirty Dollars and Fifty Cents ($330.50). We are further of the opinion that payment of such claim should 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. 9.

Payment of $330.50 advised.

SARAH E. SHIVELY, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed April 13, 1937.

STATEMENT OF FACTS.

Sarah E. Shively, 1246 West 97th Street, Chicago, Illinois, claims to have sustained an injury to her back on the 25th day of January, 1936, while working as a caseworker for the Illinois Emergency Relief Commission. Miss Shively was employed as a casework aide by the Illinois Emergency Relief Commission and was assigned to work at the Woodlawn District Office, 253 East 63rd Street, Chicago, Illinois.

The duties of a caseworker are to contact families and investigate their needs as to health, employment, use of work relief money; also to deliver clothing and surplus commodities. On the day heretofore mentioned the claimant was directed by Miss Margaret Potts, who was Miss Shively's superior, to call on a family who were recipients of relief living in Hegewisch, Illinois. As claimant alighted from her car, she walked toward the front and as she was about to pass in front of her own car, her feet slipped out from under her and she fell to the icy pavement. As a result of said fall, claimant strained the sacro-iliac muscles of her back. The pain became so intense that it was necessary for claimant to go directly to her home and administer first aid. Miss Shively called Miss Potts, her superior, and informed her of the accident. [*382]

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 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: Caseworking Department, Maintenance Department, furniture shops, mattress factories, canneries, work relief divisions and other divisions or departments too numerous to mention. Said Caseworking Department investigates the needs of recipients who have applied for and are receiving relief and directs the disbursing of funds to said individuals; 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.

Dr. R. L. Van Dellen, 7110 South Halsted Street, Chicago, Illinois, was called on the 27th day of January, 1936.

At this time, said doctor found that Miss Shively had [*582] SHIVELY v. ILLINOIS EMERGENCY RELIEF COMMISSION. 533 strained the sacro-iliac muscles of her back and that it was necessary to tape her back. Dr. Van Dellen further instructed patient to remain in bed.

Miss Shively was later referred to Dr. Emil Hauser, 8 South Michigan Avenue, an outstanding orthopedic surgeon.

Dr. Hauser immediately ordered a body cast, so claimant was taken to the Passavant Memorial Hospital where she was placed in a body cast (See Exhibit I).

As a result of said injury, the sum of $330.50 has been incurred. Hospital and doctors' bills have been examined and found to be reasonable and fair for the services rendered (See Exhibit II).

Said accident arose out of, and was in the course of, claimant's employment.

Records of the Illinois Emergency Relief Commission show 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 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 * * *" 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 [*583] 384 SHIVELY v. ILLINOIS EMERGENCY RELIEF COMMISSION. safeguarding of the employees or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra hazardous: Provided, nothing contained herein shall be construed to apply to any work, employment or operations done, had or conducted by farmers and others engaged in farming, tillage of the soil, or stock raising, or to those who rent, demise or lease land for any such purposes, or to any one in their employ or to any work done on a farm or country place, no matter what kind of work or service is being done or rendered."

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 * * *" Claimant does not ask for temporary total or permanent total disability.

ADVISORY OPINION.

Per Curiam: Pursuant to your request for an advisory opinion in the above entitled cause, based upon the foregoing statement of facts, and the exhibits attached to and made a part of such statement, all of which have been submitted by you, in the matter of the claim of Sarah E. Shively against the Illinois Emergency Relief Commission, we beg to submit the following conclusions and opinion, based upon such statement and exhibits, to wit: On the 25th day of January, A. D. 1936, the claimant and the respondent were operating under and bound by the provisions of the Workmen's Compensation Act. On said date the claimant sustained accidental injuries which arose out of and in the course of her said employment. Under the provisions of Section 8-A of the Workmen's Compensation Act, the respondent is required to 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. The respondent failed and neglected to provide any medical, surgical or hospital services whatsoever. The claimant therefore secured the necessary medical, surgical and hospital services and paid therefor as follows: [*585] To Passavant Hospital, hospital services... $ 52.50 To Dr. Emil Hauser, medical services..... 200.00 To Elizabeth Jansen, physiotherapy treatments ................................. 30.00 To Dr. J. S. Galloway, medical services... 5.00 To Dr. R. L. Van Dellen, medical services.. 43.00

Total ................................. $230.50

No claim is made by the claimant for temporary disability or for partial or total permanent disability.

We are therefore of the opinion that claimant is entitled to receive from the Illinois Emergency Relief Commission the amount paid and advanced by her for medical, surgical and hospital services as aforesaid, to wit, the sum of Three Hundred Thirty Dollars and Fifty Cents ($330.50).

We are further of the opinion that payment of such claim should be made by the Illinois Emergency Relief Commission out of any funds held by it and allocated for the payment of such claims.