Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 14.

Payment of $1,800.00 advised.

H. MAE IRWIN, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed May 11, 1937.

STATEMENT OF FACTS.

H. Mae Irwin, 6060 Stony Island Avenue, Chicago, Illinois, mother of Alice Mae Irwin, deceased, claims that on the 25th day of January, 1935, Alice Mae Irwin was employed as a caseworker by the Illinois Emergency Relief Commission at the Lincoln Park Relief Office, 54 West Chicago Avenue, Chicago, Illinois. In the course of her employment, Alice Mae Irwin was shot and killed by Henry (Hal) Arden, a relief recipient, while visiting him in his home at 1718 Sedgwick Street, Chicago, Illinois. H. Mae Irwin further claims that Alice Mae Irwin was employed as a caseworker at the heretofore mentioned office and that the duties of a caseworker are to contact families and investigate their needs as to health, employment and the use of work relief money; also to investigate receipts and expenditures of work relief money.

Alice Mae Irwin, on the day heretofore mentioned, was directed by Miss Mary Thompson, assistant supervisor of said relief office, to make a home visit on the Arden family because on January 24, 1935, Mrs. Ruth Watson Arden, mother of Henry (Hal) Arden, had telephoned the relief office stating that her work relief earnings were not adequate [*604] and that she wished to discuss this matter with her caseworker. Records show that Miss Irwin made several visits on different relief recipients in her district on January 25, 1935, and one of these visits was to the home of Henry (Hal) Arden. Later that same day, she was found dead of bullet wounds in the Arden home. That same day, Mrs. Ruth Watson Arden and her son, Henry (Hal) Arden, came to the relief office and while there shot Miss Caroline Wallace, supervisor, Mr. Niels Nielsen, vocational adviser, and Miss Hazel Dugan, stenographer. Henry Arden then shot his mother and committed suicide (See Exhibit I).

Captain William L. Stapleton of the Chicago Police Department was one of the first persons to discover the body of Alice Mae Irwin (See Exhibit II).

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 safeguarding of the employees or the public therein; each of which occupations, enterprises or businesses are hereby declared to be extra hazardous * * *" The 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 discharged and 31 of said number were dismissed for want of prosecution; 3 of said number [*605] were discharged and then sent to psychopathic hospitals, and one individual was committed directly to a psychopathic hospital.

The coroner's inquest which was held on January 26, 1935, at the Cook County Morgue, Chicago, Illinois, shows that Alice Mae Irwin died as a result of multiple bullet wounds of the head, chest and abdomen (See Exhibit III).

Alice Mae Irwin's death was in the course of, and arose out of, her employment. At the time of her death, her salary was $100.00 per month. Notice of her death was received the same day it happened and demand for compensation was made by her mother, H. Mae Irwin, within six months after her death. A claim was filed in the Court of Claims on the 17th day of December, 1935, which is known as H. Mae Irwin vs. State of Illinois, No. 2773.

Alice Mae Irwin's funeral bill in the sum of $338.25 was paid by the Illinois Emergency Relief Commission (See Exhibit IV).

H. Mae Irwin further claims that Alice Mae Irwin contributed to her support in that Alice Mae Irwin paid her rent, paid for part of her board and had at different times purchased clothing for her. At the time of Miss Irwin's death H. Mae Irwin was living with her son and Alice Mae Irwin was living separate and apart from her mother. H. Mae Irwin did not know the exact amount that her son, Felix Irwin, received for her keep as these transactions were made separate and apart from her.

Section 7, Subsection (c) of the Workmen's Compensation Act of the State of Illinois provides: "If no amount is payable under paragraph (a) or (b) of this section and the employee leaves any parent or parents, child or children, who at the time of injury were partially dependent upon the earnings of the employee, then such proportion of a sum equal to four times the average annual earnings of the employee as such dependency bears to total dependency, but not less in any event than one thousand dollars and not more in any event than three thousand seven hundred fifty dollars. Any compensation payments other than necessary medical, surgical or hospital fees or services shall be deducted in ascertaining the amounts payable on death."

Claimant has agreed to dismiss the claim which is known as H. Mae Irwin vs. State of Illinois, No. 2773, which is now pending before the Court of Claims, and has signed a release and waiver for the Illinois Emergency Relief Commission [*606] and has agreed to accept One Thousand Eight Hundred Dollars ($1,800.00) in full settlement of her claim.

ADVISORY OPINION BY MR. JUSTICE YANTIS.

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 H. Mac Irwin vs. Illinois Emergency Relief Commission, the following opinion is rendered, based upon the aforementioned statement: 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.

The statement further discloses that this claim rests upon the same statement of facts as did the claim of Niels Nielsen, I. E. R. C. No. 13, in which an opinion was rendered at your request by this court on April 13, 1937, both claims arising out of the murderous assault committed by Henry Arden and his mother, on the 25th day of January, 1935. It appears that Alice Mae Irwin, who was killed while in the performance of her duties as a case worker for your Commission, is survived by her mother, the claimant herein, and that the latter was partially dependent upon the said employee. It further appears that the mother has agreed to accept One Thousand Eight Hundred ($1,800.00) Dollars in full settlement of her claim. A statement of facts herein supports an award to the extent of partial dependency in favor of the mother, of forty-five (45) per cent, which sum would be in excess of a settlement of One Thousand Eight Hundred ($1,800.00) Dollars, and the amount of the funeral bill, of Three Hundred Thirty-eight and 25/100 ($338.25) Dollars heretofore paid by the I. E. R. C. for the burial of Alice Mae Irwin. We therefore find that a settlement of One Thousand Eight Hundred ($1,800.00) Dollars, in addition to the said sum of Three Hundred Thirty-eight and 25/100 ($338.25) Dollars, payable to the claimant under a stipulated agreement between her and her counsel and the Commission is fully justified by the record.

We are further of the opinion that payment of such claim should be subject: [*607] First: to a dismissal of the claim of H. Mac Irwin vs.

State of Illinois, C. of C. No. 2773, now pending in this court, and Second: that payment of such sum shall be made by the Illinois Emergency Relief Commission out of any funds held by it and allocated for the payment of such claims.