Raymond Ruby v. Illinois Emergency Relief Commission

RAYMOND RUBY, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed April 13, 1937.

STATEMENT OF FACTS.

Raymond Ruby, 842 West Adams Street, Chicago, Illinois, claims that on the 23rd day of October, 1935, he sustained an injury to his right leg while working as a feeder on Project S1-D4-1089 at the cannery at Whenton Farm, Whenton, Illinois. Said farm was operated by the Illinois Emergency Relief Commission. Said project consisted of the following: Soil preparations, seeding, cultivating, harvesting, distribution and conservation of vegetable crops on Whenton Farm, North Avenue and Main Street, Whenton, Illinois, for the benefit of shelter divisions of the Illinois Emergency Relief Commission in Cook County and for raising hogs on waste products from the farm and the shelters.

Said project was instituted on or about the 2nd day of April, 1935, and continued until the 5th day of November, 1935. The cost of this project was $38,696.44. Said sum included labor and materials, seeds and all machinery necessary for the operation of a cannery. All monies for said project were furnished by the Illinois Emergency Relief Commission. Said project was requested by the Illinois Emergency Relief Commission for the operation of Whenton Farm and was approved by Leo M. Lyons, Administrator for the Illinois Emergency Relief Commission, and A. R. Lord, Illinois Emergency Relief Commission State Administrator of Work and Rehabilitation.

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 404, 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 pur[*591]pose 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 and occupied 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 Division furnish men to the State Highway Department, counties, townships, cities and parks for general maintenance work. All of the above enterprises or projects use sharp-edged 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.

Claimant was assigned to work on said project on or about the 9th day of September, 1935. Claimant worked approximately 192 hours a month and for his services received $22.50 per month and maintenance. The Illinois Emergency Relief Commission estimates that the cost of maintenance is $9.00 per month, so this would mean the claimant received $31.50 per month for his services.

On October 23, 1935, claimant was directed by O. N. Benedict, maintenance man and superintendent at Wheaton Farm, to assist in operating the cabbage cutting machine.

Said cabbage cutting machine had been borrowed from the St. Charles Home for Boys, St. Charles, Illinois, on October 22, 1935. Said machine was installed by the Maintenance Department of the Illinois Emergency Relief Commission on the day heretofore mentioned. Claimant was feeding the cabbage cutting machine, which had only been operating a short time, when the knife, which is part of the internal machinery [*592] and cuts the cabbage, flew apart. As a result of the breaking of this knife, the outside steel casing gave way and struck the claimant in the leg, breaking the right femur and also knocking him unconscious. Claimant was immediately taken to Elmhurst Hospital, where he remained for two days, and afterward was removed to Cook County Hospital in the City of Chicago, where he remained until approximately the 17th day of February, 1936. During that time, claimant received medical care for the compound fracture of his right femur and was under the care of Doctors Franklin, Gaynor and Zeiss (See Exhibit 1).

In the course of claimant's work, sharp-edged cutting tools were used, such as chisels and saws. There were also electrically driven motors and engines in use in said cannery.

Claimant's accident was witnessed by Stanley Zamogski, who also sustained injuries as a result of said accident (See Exhibit 11).

Dr. Emil Hauser, 8 South Michigan Avenue, Chicago, Illinois, an outstanding orthopedic surgeon, examined claimant on the 7th day of January, 1937. At that time, Dr. Hauser stated that claimant had a permanent total disability of from forty (40) to fifty (50) per cent (See Exhibit 111).

Payment of medical bills and hospital bills has been made by the Illinois Emergency Relief Commission.

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 * * *" [*593] 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 provisions of this Act."

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 is earning or is able to earn in some suitable employment or business after the accident."

Medical examinations and doctor's reports show that Raymond Ruby has between a forty (40) and fifty (50) per cent permanent total loss of the use of his right leg. Further, there was temporary total disability for thirty-three weeks.

At the time of the accident, claimant had no dependents. Claimant has filed a petition in the Court of Claims which is known as Raymond Ruby vs. State of Illinois, No. 2862. Said case is now pending before the court.

A release and waiver has been filed in the Court of Claims and also a stipulation to dismiss the cause which is now pending before the Court of Claims.

Claimant and his attorney have agreed to accept $888.75 in full settlement for his injuries.

ADVISORY OPINION BY MR. JUSTICE YANTIS.

To the Illinois Emergency Relief Commission: Pursuant to your request for an Advisory Opinion, based upon the foregoing statement of facts submitted by you in the matter of the claim of Raymond Ruby vs. The Illinois Emergency Relief Commission, the following opinion is submitted, based upon the aforementioned statement: [*591] We find that at the time of the accident in question, both employer and employee were operating under and bound by the provisions of the Illinois Workmen's Compensation Act; that said accident arose out of and in the course of such employment; that under the provisions of Section 8 (b) of said Act said Commission is liable to claimant for temporary total incapacity for a period of 33 weeks on a minimum basis of Seven and 50/100 ($7.50) Dollars per week, and under Section 8 (c), Subsections 15 and 17 for a further allowance of Seven and 50/100 ($7.50) Dollars per week for 85½ weeks for a forty-five (45) per cent permanent and partial loss of use of his right leg, making a total allowance of Eight Hundred Eighty-eight and 75/100 ($888.75) Dollars.

We are further of the opinion that such claim should be subject to the following conditions, to-wit:

1. That the case of Raymond Ruby vs. State, No. 2862, now pending in this court be dismissed.

2. That payment of the above compensation shall be made by the Illinois Emergency Relief Commission out of any funds held by it and allocated for the payment of such claims.