ARTHUR EDWARD SEEMAN, Claimant v. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.
Case summary
Claimant sought workers' compensation for an arm injury sustained while working as a financial clerk. The court found the claim compensable but determined the requested settlement amount was not justified, leaving computation of the award to the commission.
Statutes cited: Section 8, Par. 13 of the Workmen's Compensation Act of Illinois; Section 8, Par. 17 of said Act
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
ARTHUR EDWARD SEEMAN, Claimant vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.
Opinion filed September 15, 1937.
STATEMENT OF FACTS.
Arthur Edward Seeman, Winchester, Illinois, claims to have sustained an injury on the 13th day of July, 1936, to his right forearm and wrist while working as a financial clerk for the Scott County Emergency Relief Committee at 10 South Hill Street, Winchester, Illinois.
The duties of a financial clerk are to prepare financial statements for the Illinois Emergency Relief Commission showing disbursements which have been made by the local relief office. Also to interview clients who have been assigned to work relief. Also to make reports to the Illinois Emergency Relief Commission on the progress made on work relief projects throughout the county.
The Illinois Emergency Relief Commission was created by an Act of the General Assembly of the State of Illinois [*773] SELMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. 173 effective February 6, 1932. The duties of the Illinois Emergency Relief Commission under this said Act at the time of the claimant's alleged injury 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.
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 num[*774]554 SIFMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. ber, 215 were found guilty of the charges heretofore alleged and 35 of said number were found not guilty; 45 of said number were dismissed and 31 of said number were dismissed for want of prosecution; 3 of said number were discharged and then sent to psychopathic hospitals, and one individual was committed directly to a psychopathic hospital.
On the day heretofore mentioned, claimant was lowering a window in the relief office when the window frame dropped and the glass broke. As a result, claimant received deep cuts on his right forearm and wrist. The glass cut the extensor tendons of five fingers of his right hand. After the accident, claimant was immediately taken to Dr. William O'Reilly, Winchester, Illinois, who administered first aid. See Exhibit I. Dr. O'Reilly took claimant to Our Savior's Hospital, Jacksonville, Illinois. At said hospital, claimant was immediately taken to the operating room where he was placed under an anesthetic and his wounds were dressed. See Exhibit II.
Claimant was under the care of Dr. William O'Reilly until September 9, 1936. See Exhibit III.
Claimant was also under the care of Dr. Frank A. Norris and Dr. Reginald M. Norris, Jacksonville, Illinois. See Exhibit IV. Dr. Reginald M. Norris submitted a physician's report on August 17, 1936, showing the extent of claimant's injury. See Exhibit V. Claimant was asked to submit to an examination to determine the extent of his disability. Dr. Thomas D. Masters, an outstanding industrial surgeon of Springfield, Illinois, examined claimant on March 9, 1937. At that time, he found that there was a ten (10) per cent disability of the right arm. See Exhibit VI.
Claimant's accident was witnessed by Temple Irwin Groff, a former employee of the Scott County Emergency Relief Committee, and by W. B. Lemme. See Exhibit VII and VIII.
As a result of the accident, claimant has incurred medical, hospital and doctors expenses in the sum of One Hundred Thirty-Four Dollars and Ninety-Eight Cents ($134.98). Said doctor, hospital and medical bills have been examined and found to be reasonable for the services rendered. Eight Dollars and Thirty-Eight Cents ($8.38) of the above amount was incurred by traveling expenses when claimant was asked by the Illinois Emergency Relief Commission to come to Spring[*775]field, Illinois, to submit to a medical examination so the extent of claimant's disability could be ascertained.
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.
In the course of claimant's work, electrically driven motors were operated in said building. There were also two steam boilers operating in the basement of said building.
At the time of the accident, claimant was unmarried.
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 * * *" Claimant is not asking for temporary total disability as he received his full salary, which was Ninety Dollars ($90.00) per month, during his period of disability.
Section 8, paragraph 13, of the Workmen's Compensation Act of the State of Illinois provides: "For the loss of an arm, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during two hundred and twentyfive weeks."
The report of Dr. Thomas D. Masters shows that there is a ten (10) per cent permanent complete loss of the use of claimant's right forearm.
Claimant has agreed to accept Four Hundred SeventyTwo Dollars and Forty-Eight Cents ($472.48) in full settlement for his injuries. A release and waiver has been secured by the Illinois Emergency Relief Commission for the above amount. [*776] 276 SEEMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION.
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 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.
IMPORTANT: In describing injuries, please complete chart on reverse side and observe the following instructions: Amputations relating to Hands and Feet-Specify by surgical name the number of every entire joint and portion of joint that is lost, including carpal, metacarpal, tarsal and metatarsal articulations, if any involved, using the terms, "thumb, first, second, third and fourth finger, great toe, first, second, third and fourth toes," and whether on right or left member.
Contusions-Single or multiple, superficial or deep, with locations, complications, etc.
Fractures-Give names of the bones and location; whether simple, double, compound, comminuted, and complications or dislocations, with joints involved.
Lacerations and Cuts-Location, single or multiple, extent, number of sutures required, muscle, nerves, blood vessels involved, if any.
Hernia-Describe whether direct, indirect, inguinal, femoral, umbilical or congenital type, and right or left side or both.
SPECIALLY IMPORTANT
In case of injuries to the Eye, Hernia, Fractures, Internal Injuries and all other cases requiring operative surgery, it is imperative that you first telephone the County Work Relief Superintendent for instructions, giving your opinion of the necessity for same.
Use X-Ray.
Name of Injured Worker-Seeman, Edward Arthur.
Residence Address-Bluffs, Scott County, Illinois.
Age-27; Sex-Male; Single-X; Married..........; No. of children...........
Project No.-Office; Employing Agency-Ill. Emerg. Relief Commission.
At whose request did you take care of this case?-Arthur Seeman.
Date and time of your first examination-Monday, July 13, 1936 at 3:45 P. M. Where was the examination made?-My office.
Injuries consist of?-Cutting of tendons extensor of right hand.
When, in your opinion, were these injuries sustained?-July 13, 1936, 3:45 P. M. By what means, in your opinion, were these injuries sustained?-By window falling and a pane of glass fell out of frame hitting on arm.
Have you observed any physical impairment not the result of the above injuries? If so, what?-No. [*777]
SEEMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. 727 Explain fully medical or surgical procedure or treatment up to and including this date.-Compress applied taken to hospital for operation and ligation of tendons At what date do you deem further treatment necessary? Describe character and frequency.-No definite date can be yet fixed change of dressing and observation.
How many days, in your opinion, should injured lose from date of accident before he can resume his regular work?-He returned to work on the sixth day to carry on some of his work.
In your opinion, will the injuries result in death, loss of limb, sight, or any impairment of function. Explain fully.-No. No. No. The Impairment can not be estimated now.
Date of this report-August 12, 1936.
Signed.-Wm. O'Reilly, M. D.; Telephone-237.
Address Carpenter Bldg., Winchester, Scott County, Illinois.
Please send this report to the County Work Relief Superintendent, Immediately.
Exhibit 1.
Copy
Jacksonville, Illinois, July 17, 1936.
Mr. Arthur Seeman
For hospital service To Our Saviour's Hospital, Dr.
446 East State Street
Balance Acct. Rendered....................................... $14.40 Room, care, etc., 7/13 to 7/17................................ 14.40 Operating Room ............................................ 10.00 Gas and Ether.............................................. 2.00 Laboratory Fee ............................................ 2.50 X-ray ..................................................... .
Medicine and Dressings...................................... .70 Nurses' Board ............................................. .
Guest ..................................................... . - $29.60
PAID
Our Saviour's Hospital
Per Sr. Alice Marie
Exhibit 11.
Jacksonville, Ill.
July 18, 1936
Seeman, Arthur
To E. D. Caraway, B. S., M. D.
409 Ayers Bank Building
Administering anaesthetic For professional services to date............................ $10.00 Exhibit 11. [*778] 118 SEEMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION.
Copy.
STATEMENT
Mr. Arthur Seeman
To: Dr. Wm. O'Reilly
Winchester, Illinois
July 13 to services hosp.......................... $12.50
" 27 Dressing Arm ................................. 1.00
" 31 " " ......................................... 1.00
Aug. 3 " " ......................................... 1.00
" 4 " " ......................................... 1.00 " 8 " " ......................................... 1.00 " 11 " " ......................................... 1.00 " 17 " " ......................................... 1.00 " 21 " " ......................................... 1.00 " 26 " " ......................................... 1.00
Sept. 3 " " ......................................... 1.00
" 9 " " ......................................... 1.00 $23.50
Paid
Exhibit III.
Copy.
Jacksonville, Ill.
July 6, 1935
Illinois Emergency Relief Commission: In Account with
For Arthur Seeman
FRANK A. NORRIS, M. D. and REGINALD M. NORRIS, M. D. To Professional Services to date........................ $ 62.50 July 13, 1936 to operation, Our Saviour's Hospital, Debridement of Hand ................................. $ 50.00 July 21, 23, 26, 29, Aug. 5, 11, 19, 21, 29, 1936, to dress ings at $1.50 each................................ 13.50 Exhibit IV.
ILLINOIS EMERGENCY RELIEF COMMISSION.
1319 South Michigan Avenue Chicago, Illinois
SURGEON'S REPORT.
IMPORTANT NOTE: Major operations, unless imperative must not be performed without first informing the Illinois Emergency Relief Commission at [*779] SEEMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. 179 [illegible text] to give them an opportunity to participate in arrangements for hospital and other expense, also to furnish medical and surgical consultation if deemed necessary.
IMPORTANT: In describing injuries, please observe the following suggestions:
Amputations relating to Hands and Feet. Specify by surgical name the number of every entire joint and portion of joint that is lost, including carpal, metacarpal, tarsal and metatarsal articulations, if any involved, using the terms, "thumb, first second, third and fourth finger, great toe, first, second, third and fourth toes," and whether on right or left member.
Contusions-Single or multiple, superficial or deep, with locations, complications, etc.
Fractures-Give names of the bones and location; whether simple, double, compound, comminuted, and complications or dislocations, with joints involved.
Lacerations and Cuts-Location, single or multiple, extent, number of sutures required, muscle, nerve, blood vessels involved, if any.
Hernia-Describe whether direct, indirect, inguinal, femoral, umbilical or congenital type, and right or left side or both.
SPECIALLY IMPORTANT
In case of injuries to the Eye, Hernia, Fractures, Internal Injuries and all other cases requiring operative surgery, you are urgently requested to first telephone the
Workmen's Protection Department
for instructions, giving your opinion of the necessity for same.
Use X-Ray when necessary.
How many children under 16 years: ....................................................
Name of Injured Person-Seeman, Arthur Edward.
Age-27; Married or Single-Single.
Residence-Bluffs, Illinois.
Local Governmental Unit-Scott County Emergency Relief Comm., Proj. No.
Office.
At whose request did you take charge of case?-Dr. Wm. O'Reilly.
Date of your first examination-July 18, 1936; Where?-Our Saviour's Hosp.
Injuries consist of-Lacerations completely severing all extensor tendons of five fingers of right hand.
When, where and by what means, in your opinion, were these injuries sustained?-While putting down a window at the office the pane of glass fell out and broke cutting his right hand.
Have you observed any physical impairment not the results of the above injuries?-None.
Explain fully surgical procedure up to and including this date-Debridement and complete repair of tendons.
To what date do you deem further treatment necessary? Describe character and frequency?-?
How many days should injured lose from date of accident before he can resume his regular work?-?
Has injured returned to work?-Yes. [*780] 580 SEEMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION.
In your opinion will the injuries result in death, loss of limb, sight, or any impairment of function? Explain fullyDate of this report-August 17, 1936.
Signed-R. M. Norris, M. D.; Address-Jacksonville, Ill.; Phone-760.
Mail report to Workmen's Protection Dept., 1319 S. Michigan Ave., Chicago, immediately after first treatment. An additional report on this form is required when patient is discharged. Periodic reports required for protracted cases.
EXHIBIT V.
DRS. PATTON, EVANS AND HERNDON
Suite 612 Myers Bldg.
Springfield, Illinois.
Dr. C. L. Patton
Dr. F. N. Evans
Dr. R. F. Herndon
Dr. D. J. Lewis
Dr. T. D. Masters
March 9, 1937.
Illinois Emergency Relief, 2126 S. Dearborn St., Chicago, Ill.
Att'n: R. C. Eardley.
DEAR SIR: Mr. Arthur Seeman of Macomb, Illinois, consulted us today.
He stated that in July 1936 he received a laceration of the dorsum of the right forearm by falling glass which severed the tendons of the arm and wrist.
There is an irregular, adherent scar approximately twelve centimeters long on the dorsum of the right forearm. There is no atrophy of the arm, wrist or hand. All movements in the wrist and hand are somewhat weakbut are accomplished, except extension of the wrist with simultaneous extension of the fingers. The former is accomplished, however, with the fingers flexed. There is no evidence of nerve injury.
The estimated disability of the right forearm is 10%.
Yours truly, Signed: THOS. D. MASTERS, M. D.
TDM/SJ
EXHIBIT VI.
Winchester, Illinois
April 13, 1937.
TO WHOM IT MAY CONCERN: On the afternoon of July 13, 1936, Mr. Arthur Seeman and I were engaged in lowering the windows in the Scott County office of the Illinois Emergency Relief Commission preparatory to closing the office for the day when the glass fell out of the south west window of the office in the building known as the "Townsend Building" severely cutting Mr. Seeman's right arm above the right wrist.
Signed: TEMPLE IRWIN-GROVE.
EXHIBIT VII. [*781]
Bluffs, Ill., July 3, 1937.
Mr. Robert E. Eardley, 126 S. Dearborn St., Chicago, Ill.
DEAR MR. EARDLEY: This information is in reply to the request on opposite side of this paper.
The window sash in the building rented by the I. E. R. C. Winchester, Illinois, had up until Mr. Seeman's accident never been repaired with sash cord. The sash had to be held up by sticks.
On the night of July 13, 1936, (date as given by you, memory gone) at 7:00 o'clock p. m., Mr. Arthur Seeman proceeded to close the windows as was the custom for one of us to do at quitting time. The sash were very heavy, being I think 24" x 30" double strength. Holding the sash in one hand and removing the stick (support) with the other, the sash slipped from his hand fell suddenly and caused the clasp to break and fall out. A large piece of the upper part broken at an angle of about 30 to 45 degrees from a horizontal line came out and slid full break edge length down his wrist. I know this because I swept up the glass after the accident.
I was in an adjoining room. I heard him give a call of distress, after hearing the crash of the glass. I hurried to his assistance. He was holding his arm above the cut with the other hand. I hurried to get the bandage but before I got back he was down the stairs and ran a block to Dr. O'Riley's office. He was taken to the hospital in Jacksonville where the tendons were united by a surgeon.
Respectfully, Signed: W. B. LAMMIE.
Exhibit VIII.
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 above entitled matter, the following Opinion is rendered, based upon said statement. It appears that Arthur Edward Seeman was employed by the Illinois Emergency Relief Commission as a Financial Clerk in the Office of the Scott County Emergency Relief Committee at Winchester, Illinois; that in performing his service it was a part of his duty to interview work relief clients, prepare financial statements and to make reports of the progress of work relief throughout the County.
It further appears that on the 13th day of July, 1936 while lowering a window in the Relief Office just prior to ending his day's work, a glass panel fell out of the frame, struck claimant's right forearm and wrist, and cut the extensor tendons of the five fingers of his right hand. He received [*782] 182 SEEMAN v. ILLINOIS EMERGENCY RELIEF COMMISSION. first-aid, was thereafter taken to the Hospital at Jacksonville, Illinois, was placed under an anesthetic and his wounds were dressed. Thereafter he was under the care of Dr. William O'Reilly until September 9, 1936. He was also examined by Dr. R. M. Norris of Jacksonville, Illinois, on August 17, 1936, and by Dr. Thomas D. Masters, an Industrial Surgeon of Springfield, Illinois. The statement submitted by the several doctors shows a partial permanent disability of ten (10) per cent of the right arm. Medical, hospital and surgical bills of One Hundred Thirty-four and 98/100 ($134.98) Dollars in curred by claimant, do not appear to have been paid, but claimant's full salary was paid to him during the period of his temporary total disability, at the rate of Ninety ($90.00) Dollars per month.
The statement indicates that claimant was employed within the terms of the Workmen's Compensation Act; that the injury sustained arose out of and in the course of his employment, and that same is a compensable claim within the meaning of the Act. The required notices were given and application for payment was apparently made within a year as required by statute.
From the statement submitted, claimant is apparently entitled to an award for a ten (10) per cent permanent partial disability of his right arm.
Section 8, Par. 13 of the Workmen's Compensation Act of Illinois provides: "For the loss of an arm or the permanent and complete loss of its use fifty per cent of the average weekly wage during two hundred twenty-five weeks."
Section 8, Par. 17 of said Act provides: "For the permanent partial loss of use * * * fifty per centum of the average weekly wage during that portion of the number of weeks in the foregoing schedule provided for the loss of such member which the partial loss of use thereof bears to the total loss of use thereof."
Claimant's average weekly wage was Twenty and 76 100 ($20.76) Dollars. On such basis he would be entitled to ten (10) per cent total disability in the sum of Two Hundred Thirty-three and 55/100 ($233.55) Dollars. Added thereto, would be the sum of One Hundred Thirty-four and 98 100 ($134.98) Dollars for medical, hospital and surgical bills incurred by claimant in the legitimate care of his injury, making a total of Three Hundred Sixty-eight and 53/100 ($368.53) Dollars to which claimant would apparently be entitled. An [*783] award would not apparently be justified for the sum of Four Hundred Seventy-two and 48/100 ($472.48) Dollars which the statement indicates claimant has offered to accept in full settlement for his injury. Inasmuch as claimant received his full wages during the time of his total temporary disability, the difference between the fifty (50) per cent thereof which he was entitled to receive, subject to the maximum provided by the Workmen's Compensation Act, and the amount which he did receive would be a proper deductible item from the amount of such settlement. As the facts are also incomplete as to his marriage status, we leave the computation of such deduction to be made by the Illinois Emergency Relief Commission.