WILLIAM WASSON, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought $3100 for injuries allegedly sustained while removing a staircase, but the court denied the claim because there were no objective symptoms of injury and no witnesses corroborated the accident, as required by statute.
Statutes cited: Chapter 48, Illinois Revised Statutes 1937, sub-paragraph (i) 3
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Headnotes
- WORKMEN'S COMPENSATION ACT-burden of proof on claimant to show accident and injury resulting therefrom-when claimant fails to sustain. In claims under the Workmen's Compensation Act, the burden of proof is upon claimant to show that an accident occurred and that as a result thereof he sustained personal injuries, and where it appears that at the time of the alleged accident that five persons were working with claimant, none of whom knew of, or saw the accident, upon which claimant relies, or any accident, or who knew of claimant sustaining any injury or saw him sustain any, at the time alleged, and the only evidence as to the accident and injury is the testimony of claimant, without any showing of past or present objective conditions, he has failed to sustain such burden and no award can be made.
- SAME-proof of past or existing objective conditions etc.-necessary to justify award under. An award for compensation under the provisions of the Workmen's Compensation Act, can only be made, for injuries, and only such injuries as are proven by competent evidence, of which there are or have been objective conditions or symptoms proven, not within the physical or mental control of the injured employee himself, and unless there are or have been such objective conditions or symptoms, no award for compensation can be made.
It is claimed that William Wasson, while aiding in the removal of a stairway was severely injured about the back of his head, neck and shoulders when the staircase slipped and fell on him on July 20, 1934. It is charged that the accident was witnessed by a number of fellow workers. Notice was given to the Macon County Illinois Emergency Relief Commission, and claimant was treated by Dr. W. P. Davidson of Decatur, Illinois. At the time of the accident claimant was being paid at the rate of $1.10 per hour but was only employed partial time, receiving $29.50 each two weeks. It is charged that from the date of the injury, July 20, 1934 until November 13, 1935, claimant was "practically incapacitated from work of any sort" and that from that time until the date of the hearing he had worked occasionally under the Emergency Relief.
At the time of the accident he was married and stood in the relationship of parent to four children under sixteen years of age.
Claimant is asking Thirty-one Hundred Dollars ($3100.00) based on total and permanent disability as an employee of the Illinois Emergency Relief Commission.
It is true that at least five other men were working with him at the time of the removal of the staircase in question, [*499] that none of them knew of any accident to the claimant or of any injury received by him although they were there all of the time, and none of them knew of the staircase slipping or falling or of anything unusual having occurred during the removal of the staircase. Claimant finished his day's work and worked a day or two after that, and then he was directed to consult Dr. W. P. Davidson of Decatur, Illinois, and later Dr. F. E. Smith and his associate, Dr. Pence. He has received direct relief, having no employment and not being employed because of his alleged injuries. Medical services have been rendered to claimant on order of the Macon County Emergency Relief Committee.
The alleged accident did not leave any objective symptoms. The testimony discloses that there were no lacerations, abrasions, swellings or discolorations.
Under the facts in this case, a claim for award must be denied. Before one may recover a claim of this kind, the burden is upon him to prove by a greater weight or preponderance of the evidence that he suffered an accident and that he received an injury.
Section 145, Chapter 48, Illinois Revised Statutes 1937 sub-paragraph (i) 3 states that: "Provided, further, that all compensation payments named and provided for in paragraphs (b), (c), (d), (e) and (f) of this section, shall mean and be defined to be for injuries and only injuries as are proven by competent evidence, of which there are or have been objective conditions or symptoms proven, not within the physical or mental control of the injured employee himself."
Claim for award will, therefore, be denied.