Tobey Ellis v. Illinois Emergency Relief Commission

TOBEY ELLIS, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed June 3, 1937.

STATEMENT OF FACTS.

Tobey Ellis, 920 Sedgwick Street, Chicago, Illinois, claims to have sustained an injury on the 15th day of February, 1935, to his left foot while working as a laborer for the Illinois Emergency Relief Commission on Project No. 1-B3-2. [*621]

Said project was requested for general repairs and alterations at the Naval Armory of the State of Illinois at the Lake Front and Randolph Street in Chicago, Illinois, by Edward A. Evers, Captain, Illinois Naval Militia, and was approved by A. R. Lord, Illinois Emergency Relief Commission State Administrator of Work Relief. Said project provided for work as follows: "Cut off piling above waterline around the Naval Armory, approximately 1,300 linear feet. Install 12 x 12 timbers on top of cut piling. Install precast concrete cribbing to form wall. Dig trench to enable work to be done.

Back fill trench. Build concrete forms and construct ballards. Grade approximately 12,000 square yards of surface ground with cinder fill. Lay granite paving blocks in Armory yards. Preparation for and planting of shrubs in beds, aggregating about 2,400 square feet; rebuild tile partition of boat storage room, approximately 800 square feet; renovating, cleaning, refinishing, polishing floor, wall and ceiling surfaces where worn."

All labor and materials and monies were furnished by the Illinois Emergency Relief Commission. The total cost of said project was $159,916.73. This project was approved March 23, 1934, and completed on June 21, 1935.

The Illinois Emergency Relief Commission was created by an Act of the General Assembly of the State of Illinois effective February 6, 1932. Chapter 23, Section 464, of the Illinois State Bar Statutes, 1935, 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 plumbing, carpentry, janitor work, engineering, and general repair work. Said furniture shops manufacture fur-21 [*622] ILLINOIS EMERGENCY RELIEF COMMISSION. nature 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 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 or about the 17th day of April, 1934, and continued to work on said project until the day he sustained his injury.

On February 15, 1935, claimant was directed by Robert Gruwell, foreman of the above mentioned project, to assist certain men in removing worn out electric light bulbs from the ceiling of the handball court. As claimant was in the performance of his duty, the ladder which was placed against the side of the wall shifted, and as a result, claimant fell to the floor, a distance of about eighteen (18) feet, striking on his feet and back. Claimant's left leg began to swell and John Kopshever was directed by Mr. Gruwell to take claimant to St. Luke's Hospital, Chicago, Illinois, for emergency care. (See Exhibit I.) At the time of the accident, sharp-edged cutting tools were used such as saws, chisels and mattocks. There were also two steam boilers and electrically driven motors operating in the building when claimant sustained his injury.

The records of St. Luke's Hospital show that claimant sustained a fracture of "left tibia and os. calcis" while working for the Illinois Emergency Relief Commission. Said fracture was placed in a cast and the patient was discharged from the hospital on the 16th day of February, 1935. (See

Exhibit II.)

Mr. Sam Jackson Dey stated that on the 15th day of February, 1935, he was assisting claimant in his work on the handball court at the Naval Armory when claimant fell from a ladder upon which he was working. As a result of this fall, he sustained an injured foot. (See Exhibit III.) [*622]

ELLIS E. ILLINOIS EMERGENCY RELIEF COMMISSION. 623 Dr. Nathaniel H. Adams, Chicago, Illinois, examined claimant on the 21st day of March, 1935. At that time, Dr.

Adams stated that it was too early to estimate the specific loss of use. (See Exhibit IV.)

Claimant was again examined by Dr. Adams on the 12th day of July, 1935. At that time, Dr. Adams stated that claimant had a specific loss of use of twenty-five (25) per cent of the leg. (See Exhibit V.) Dr. Emil Hauser, 8 South Michigan Avenue, Chicago, Illinois, an outstanding orthopedic surgeon, examined claimant on the 13th day of January, 1937. At this time, Dr. Hauser found there was a probable disability of less than ten (10) per cent. Further, that this disability may clear up with proper treatment. (See Exhibit VI.)

Claimant's medical bills and hospital bills have been paid 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. * * *" 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 [*621] herein mentioned, as follows, but shall not receive any compensation for such injuries under any other provision of this Act."

Section 8, Subsection (c), paragraph 14, of the Workmen's Compensation Act of the State of Illinois provides: "For the loss of a foot or the permanent and complete loss of its use, fifty per centum of the average weekly wage during one hundred and thirtyfive weeks."

Claimant's wages at the time of the accident were Nine Dollars ($9.00) per week. His work assignments were for eighteen (18) hours per week at Fifty Cents ($.50) per hour.

Medical examinations and doctors' reports show that Tobey Ellis has a ten (10) per cent permanent and complete loss of the use of his left foot.

At the time of the accident, claimant had one child under sixteen years of age-Raymond Ellis, eight years old.

Claimant has filed a petition in the Court of Claims which is known as Tobey Ellis vs. State of Illinois, No. 2662.

Stipulation to dismiss the cause has been filed in the Court of Claims.

A release and waiver has been secured by the Illinois Emergency Relief Commission and claimant and his attorney have agreed to accept Three Hundred Thirteen Dollars and Fifty Cents ($313.50) in full settlement for his injuries.

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 Tobey Ellis vs. Illinois Emergency Relief Commission, the following opinion is submitted, 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 Workmen's Compensation Act; that claimant's accident was in the course of and arose out of his employment, and that the Commission had notice of the accident and that demand of compensation was made by employee within the requirements of the said Act. The record further discloses that the injury suffered by claimant to his left foot in the fall sustained by him on February 15, 1935, caused such a fracture of the left tibia and os calcis that claimant was temporarily and totally disabled for a period [*624] HANKUS r. ILLINOIS EMERGENCY RELIEF COMMISSION. 625 of at least six months and suffered a permanent partial loss of the use of the left leg of approximately ten (10) per cent.

We further find that by virtue of the foregoing a settlement of hospital and medical bills by your said Commission is legal under the provisions of said Workmen's Compensation Act, and that a settlement with claimant in full for claims growing out of said accidental injury, by and with approval of his attorney, in the sum of Three Hundred Thirteen and 50/100 ($313.50) Dollars, is within the amount which claimant would be entitled to under the provisions of said Workmen's Compensation Act. We are therefore of the opinion that such settlement is proper and that in making same the following conditions should be observed: First: That the claim of Tobey Ellis vs. State of Illinois, Court of Claims No. 2662, now pending in the Court of Claims should be dismissed, and Second: 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.