Dan Dunbar v. Illinois Emergency Relief Commission

DAN DUNBAR, Claimant, vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed August 24, 1937.

STATEMENT OF FACTS.

Dan Dunbar, 4507 North Lincoln Avenue, Chicago, Illinois, claims to have sustained an injury on the 16th day of April, 1934, to his right knee while working as a carpenter for the Illinois Emergency Relief Commission, Maintenance Department, on Project No. 51-134-398. Said project was maintenance and construction work which provided for per sonnel for maintenance and construction department at head quarters of the Illinois Emergency Relief Commission, 1319 South Michigan Avenue, Chicago, Illinois, and at the Chase Park Relief Office, 4410 Ravenswood Avenue, Chicago, Illinois.

Said department took care of alteration and repair work for the following relief agencies: Main office at 1319 South Mich igan Avenue, Chicago, Illinois; Personnel office at 1222 South

Michigan Avenue, Chicago, Illinois; Unemployment Relief

Service in Cook County; Cook County Bureau of Public Wel fare in Cook County; Shelters in Cook County; Transient Home in Cook County; Mattress and Comforters Factory; Tool Department in Cook County; Warehouse in Cook County; furniture in all relief offices in the State; also the building of furniture for nursery schools. Said project was instituted on or about the 13th day of April, 1934, and was completed on or about the 1st day of November, 1934. The total cost of said project was $401,917.60. Said amount included labor and materials. All monies for said project were furnished by the Illinois Emergency Relief Commission. This project was re quested by the Illinois Emergency Relief Commission for maintenance and construction work and was approved by Leo M. Lyons, Administrator of Cook County, and A. R. Lord, Illi nois Emergency Relief Commission State Administrator of Work Relief.

The Illinois Emergency Relief Commission was created by an Act of the General Assembly of the State of Illinois effective February 6, 1932. The duties of the Illinois Emer gency Relief Commission under this said Act at the time of [*765] The claimant's alleged injury and prior to July 1, 1936, were specified to be 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 cooperate 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 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 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 13th day of April, 1934. He had been assigned to other projects previous to the date above mentioned. Claimant worked approximately eight (8) hours per day and for his services received Ten Dollars and Fifty Cents ($10.50).

Claimant was directed by one D. Crumlish, superintendent of the carpenters, to work on a well hole which was being constructed in the building at 1304 Indiana Avenue, Chicago, Illinois. Said building was to be used as administrative headquarters for the Illinois Emergency Relief Commission. Said [*766] 300 DONBAR v. ILLINOIS EMERGENCY RELIEF COMMISSION. well hole was being constructed on the second floor of said building. The work necessitated the use of ladders and scaffolds. On the day heretofore mentioned, claimant stepped from the first floor on to the scaffold, which was approximately twelve (12) feet high. Said scaffold was constructed of two by four (2x4) boards and two by ten (2x10) planks which were used as a runway. When claimant put his full weight on to the scaffold, one end gave way. As a result, he fell to the floor, striking his right knee, hip and shoulder. Immediately after the accident, he was examined by other carpenters and D. Crumlish. Shortly thereafter, he was taken to St.

Luke's Hospital, Chicago, Illinois, for first aid treatment.

Records of St. Luke's Hospital show that claimant received first aid treatment in said hospital on the day heretofore mentioned. Injuries consisted of a slight abrasion of the right lateral surface of the right knee and a slight abrasion of the under surface of the chin. See Exhibit 1.

After first aid treatment was rendered, claimant went back to D. Crumlish, but as a result of the shock, he could not complete his day's work. He was taken home in a taxicab, where he remained until May 31, 1934. During this time he was confined most of the time to his bed.

M. A. Greenberg, timekeeper for the Illinois Emergency Relief Commission, made a preliminary accident report at the time of the injury. See Exhibit 11.

William Forsyth, a co-worker on said project, stated that he witnessed claimant's accident. See Exhibit III.

D. Crumlish and Harry Morse also witnessed the accident but it was impossible to secure statements from them because their present whereabouts are unknown.

In the course of claimant's work, sharp-edged cutting tools were used, such as chisels, saws, axes, and pneumatic hammers. There were also electric engines and boilers and four electrical elevators in said building.

Claimant claims that he was not able to do any work until the 15th day of September, 1934, and at that time he was only able to do light work because every time he lifted anything heavy, he would suffer severe pains in his right knee.

Payment of medical 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 [*767] DUNBAR v. ILLINOIS EMERGENCY RELIEF COMMISSION. 167 Commission had notice of the accident and demand for compensation was made on his employer within six months after the accident.

At the time of the accident, claimant had no children under sixteen (16) years of age.

Section 3, paragraph 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, paragraph (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, paragraph (c), 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 paragraph (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 provision of this Act."

Claimant has filed a petition in the Court of Claims which is known as Dan Dunbar vs. State of Illinois, No. 2516. Said cause is now pending before the court. A stipulation to dismiss the above entitled cause has been filed in the Court of Claims.

Claimant and his attorney have agreed to accept One Hundred Thirty-one Dollars and Twenty-five Cents ($131.25) in full settlement for his injuries. A release and waiver has been secured from claimant.

PHYSICIAN'S REPORT.

Report immediately in duplicate to the Local County Work Relief Superintendent.

IMPORTANT NOTE: Major operations, unless imperative must not be performed without first informing the County Emergency Relief Committee, in [*768] 368 DUNBAR v. ILLINOIS EMERGENCY RELIEF COMMISSION. order to give them an opportunity to participate in arrangements for hospital and other expense, also to furnish medical and surgical consultation if deemed necessary.

INSTRUCTIONS: In describing injuries, Lacerations and Cuts-Location, please complete chart on reverse single or multiple, extent, number side and observe the following in- of sutures required, muscle, nerves, structions: blood vessels involved, if any.

Amputations relating to Hands and Hernia-Describe whether direct, inFeet-Specify by surgical name the direct, inguinal, femoral, umbilical number of every entire joint and or congenital type, and right or portion of joint that is lost, includ- left side or both. ing carpal, metacarpal, tarsal and metatarsal articulations, if any involved, using the terms, "thumb, SPECIALLY IMPORTANT first, second, third and fourth In case of injuries to the Eye, Herfinger, great toe, first, second, third nia, Fractures, Internal Injuries and fourth toes," and whether on and all other cases requiring operright or left member. ative surgery, it is imperative that Contusions-Single or multiple, su- you first telephone the County perficial or deep, with locations, Work Relief Superintendent for incomplications, etc. structions, giving your opinion of Fractures-Give names of the bones the necessity for same. and location; whether simple, Use X-Ray when necessary. double, compound, comminuted, and complications or dislocations, with joints involved.

Name of Injured Worker-Dunbar, Dan.

Residence Address-4609 N. Claremont Ave., Chicago, Cook County.

Age-55; Sex-Male; Single-......; Married-X; No. of children Project No......; Employing Agency-Ill. Emergency Relief Com. 1319 S. Michigan Ave.

At Whose request did you take care of this case?-Ill. Emerg. Relief, 1319 S. Michigan Ave.

Date and Time of your first examination-April 16, 1934.

Where was the examination made?-St. Luke's Hospital.

Injuries consist of?-Slight abrasion of R. lateral surface of R. Knee. Slight abrasion of under surface of chin.

When, in your opinion, were these injuries sustained?-April 16, 1934.

By what means, in your opinion, were these injuries sustained?-Fall from scaffold.

Have you observed any physical impairment not the result of the above injuries? If so, what?-No.

Explain fully medical or surgical procedure or treatment up to and including this date. ....................................................

To what date do you deem further treatment necessary? Describe character and frequency. ....................................................

How many days, in your opinion, should injured lose from date of accident before he can resume his regular work? ............................

In your opinion, will the injuries result in death, loss of limb, sight, or any impairment of function? Explain fully................................ [*23]

DUNBAR v. ILLINOIS EMERGENCY RELIEF COMMISSION. 269 Date of this Report - Feb. 27, 1935.

Station St Luke's Hospital; Telephone - Cal. 1040.

Address - 1416-1442 Indiana Ave., Chicago, Cook County.

Please send this report to the County Work Relief Superintendent, Immediately.

Exhibit 1.

EXHIBIT.

ILLINOIS EMERGENCY RELIEF COMMISSION.

PRELIMINARY REPORT OF ACCIDENT.

Report in Duplicate to Workmen's Protection Dept, 1319 S. Michigan Ave., Chicago, Ill.

Local Governmental Unit: Illinois Relief Proj. No. 1535.

Office Address: Street and No.: 1319 So. Michigan Avenue. County: Cook. City or Village: Chicago.

Nature of Work: Building forms for fireproofing steel at first floor level.

Employer

Place and Time Location of Place where accident happened-Street and No.: 1319 S. Michigan Ave. County: Cook. City or Village: Chicago, Illinois.

Date of Accident: April 16th, 1934. Hour of Day: 10:30 o'clock a. m.

Name of Employee: Dan Dunbar. Address: 4609 N. Claremont Ave.

Age: 55. Sex: Male. Speak English? Yes. Nationality: ........................

Identification No. 2612. Single:...................

Occupation when injured: Carpenter.

Injured Employee

Was this regular occupation? Yes.

Wages or average earnings per day, $10.50.

Working hours per day: 8. Working hours per week: 40. Per month: Average weekly wages..........

How long employed: Started April 5th, 1934.

If injured under sixteen years have you his school certificate on file?...................

Describe in Full How Accident Happened: Foot slipped from form lumber, fell between concrete wall and metal tank N. E. corner of building distance of about 10 ft.

Cause

(Use back of form if more space is needed) Names and addresses of witnesses to the accident: Harry Morse, 6143 N. Mozart Street.

Name of machine, tool or appliance in connection with which accident occurred:...................by what power driven:...................hand feed or mechanical feed:...................part on which accident occurred: ...................................... -23 [*770] 270 DUNBAR v. ILLINOIS EMERGENCY RELIEF COMMISSION.

State Exactly part of person injured and nature of injury: Right leg at knee cap injured.

How many children under 15 years of age has injured?...........................................

Nature and Ex- Give age of each:........................... Did injury tent of Injury cause loss of any member or part of member? If so, describe exactly: ................................

Days lost from work on account of accident:...........

Attending physician or hospital where sent: Dr. Hutchinson. Name and address: St. Luke's hospital, 14th and Michigan Ave.

Has injured employee returned to work? If so, give date: ................... Has any relief or other monetary assistance been given?...........Amount...........

Amount paid for hospital or medical services, if any $...................

Lost Time If Fatal: Date of Employee's death...................

Length of disability before death...............

Single or married................................

Name and P. O. Address of a relative or friend of the deceased:.................................

Date of this report: April 16th, 1934. Made out by M. A. Greenberg. Title: Timekeeper. Signed: M. A. Greenberg.

Exhibit II

EXHIBIT.

March 30, 1935.

William Forsyth, 1108 North Karlov Avenue, Chicago, Illinois, states that on April 16, 1934, while working in the building at 1301 Indiana Avenue, he was a witness to Dan Dunbar's accident.

Mr. Forsyth further states that he has known Mr. Dunbar for 15 years prior to said accident; that they have worked together many times on different jobs.

Mr. Forsyth states that Mr. Dunbar was his partner on the date aforesaid; that they were assigned to re-enforce the beams on the first floor of said building; that they were working over a well hole which had been cut to the first floor for a stairway; that Mr. Dunbar had stepped from the first floor on to a scaffold, which had been constructed three days previous by some other carpenters, and that said scaffold had been in use for the past three days by all of the carpenters on this job; that as soon as Mr. Dunbar stepped on said scaffold, it gave way, the result that he was thrown to the ground. It was later discovered that the scaffold had been moved by some of the steamfitters who were working in the basement. After the accident Mr.

Dunbar was taken to St. Luke's Hospital for examination and the doctors there informed us that there were no broken bones, so Mr. Dunbar came back [*771] to the building. He only stayed there a short while when he was ordered by one of the men in charge to go home.

At the time of the accident, Mr. Forsyth stated that he was employed by the Illinois Emergency Relief Commission, as a carpenter.

Signed: WM. FORSYTH.

RCE:vh

EXHIBIT III

ADVISORY OPINION BY MR. JUSTICE YANTIS.

To the Illinois Emergency Relief Commission: Pursuant to your request for an Advisory Opinion, based upon the attached statement of facts submitted by you in the matter of the claim of Dan Dunbar 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 of facts submitted herein disclose that claimant was assigned to various duties as a carpenter, working approximately eight hours per day and receiving for his services Ten and 50/100 ($10.50) Dollars per week; that on April 16, 1934 while employed on a Project for the Illinois Emergency Relief Commission at 1304 Indiana Avenue, Chicago, Illinois, a scaffold, upon which claimant was standing, broke, resulting in his falling about twelve feet, striking his right knee, hip and shoulder.

First-aid was rendered at St. Luke's Hospital and he was thereafter confined to his home until May 31, 1934. Except for his own statement that he was unable to do any work until September 15, 1934, the only evidence in the record of continued disability is to the effect that same terminated May 31st. If the evidence remaining in your files or your further investigation discloses that claimant was actually prevented by such accident from pursuing his usual and customary labors until September 15, 1934, he would be entitled under the terms of the Workmen's Compensation Act to One Hundred Fifty-Three and 75/100 ($153.75) Dollars, and you would therefore be fully justified under the terms of the Workmen's [*772] 332 SEEMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION.

Compensation Act in making settlement with him in the sum of One Hundred Thirty-One and 25/100 ($131.25) Dollars, that being the amount which he and his attorney have, according to your statement, agreed to accept in full settlement for injuries and loss of time resulting from such accident. Without such evidence and proof, and in the absence of a showing as to partial disability, the right to an award for temporary total disability would terminate May 31st, and would cover a period of six and one-half (6½) weeks, for such temporary total disability, in the sum of Forty-Eight and 75/100 ($48.75) Dollars.

Any settlement made should be from funds allocated to the Illinois Emergency Relief Commission available for such purposes, and if settlement is made it should be conditioned upon the dismissal of the case of Dan Dunbar vs. State, C. of C., No. 2516.

ILLINOIS EMERGENCY RELIEF COMMISSION. No. 26.

Settlement of claim for $368.53, less any deductions found proper by Commission, on account of payments made to claimant, justified and found advisable.