Illinois Emergency Relief Commission v. Illinois Emergency Relief Commission

ILLINOIS EMERGENCY RELIEF COMMISSION, No. 35.

Settlement of claim for $750.00, Justified and found advisable.

JAMES O. WORTHEY, Claimant vs. ILLINOIS EMERGENCY RELIEF COMMISSION, Respondent.

Opinion filed January 11, 1939.

STATEMENT OF FACTS.

James O. Worthey, 1048 West Monroe Street, Chicago, Illinois, claims to have sustained an injury to his left hand on the 30th day of October, 1934 while working as a night cook in the shelter at 1210 South Morgan Street, Chicago, Illinois. Said shelter was operated by the Illinois Emergency Relief Commission.

The General Assembly of the State of Illinois on or about the 6th day of February, 1932, created the Illinois Emergency [*851] Relief Commission. Chapter 23, Section 464, of the Illinois Revised Statutes, 1935 Edition 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 created many departments within itself since its creation through which relief was 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 had charge of maintenance work in all buildings operated by the Illinois Emergency Relief Commission. Said work included carpentry, plumbing, janitor work, engineering, and general repair work. Said furniture shops manufactured furniture which is used in relief offices throughout the State. Said mattress factories manufactured mattresses for relief recipients and for shelters operated by the Illinois Emergency Relief Commission. Said canneries preserved vegetables and fruits which had been grown by relief recipients on Illinois Emergency Relief Commission soil. Said work relief divisions furnished men to the State Highway Department, counties, townships, cities and parks for general maintenance work. Said shelters were operated by the said commission for the benefit of transient men. These men were furnished two meals a day and shelter and some had opportunity to work around the building doing odd jobs. All of the above enterprises or projects used sharp-edged cutting tools, such as saws, chisels, mattocks and axes. Said buildings operated electric motors, elevators and boilers, all of which were governed by municipal ordinances.

James O. Worthey was working as a night cook in the kitchen of the shelter at 1210 South Morgan Street, on the day heretofore mentioned, when in the process of preparing a meal for the relief recipients, Mr. Worthey started an electrical grinder to grind a peck of Bermuda onions. After three [*852] or four onions had been placed in the grinder, his left hand became entangled in the blades of the grinder. As a result of this all fingers of the hand were cut and torn, some of them being amputated by the machine. Immediately after the accident, James O. Worthey was rushed to the Cook County Hospital where Dr. Shinghman examined him. Records show that Mr. Worthey had been brought to the hospital by a police ambulance which had been summoned by attendants at the relief shelter. Medical records at Cook County Hospital show that the diagnosis was "Traumatic amputation of the fingers of left hand" which had been caused by the hand being caught in the electrical grinder.

Medical report which was submitted by Dr. Nathaniel H. Adams on the 15th day of July, 1935, shows that James O. Worthey's index finger was amputated in the distal third of the middle joint and the second, third and little fingers were amputated at the middle joints; that James O. Worthey has lost the industrial use of the index, second, third and little fingers; and that there is considerable wasting of the muscles of the forearm due to the amputation of these fingers. (See Exhibit 1.)

James O. Worthey was referred to Dr. Hollis E. Potter on the 31st day of March, 1938, for X-ray pictures of the left and right hands. Reports of said pictures were made by Dr.

Potter at the time the X-ray films were developed. (See Exhibit 11.) Said X-ray pictures and reports were shown to arbitrators Anton Johannsen and Joseph L. Lisack of the Industrial Commission. Said arbitrators were of the opinion that James O. Worthey had lost the industrial use of the first, second, third, and fourth fingers of the left hand.

Mr. William Johnson, on the day heretofore mentioned, was employed as a cook's helper at the shelter, and at the time of the accident, he had left the kitchen and gone to the cooling room. Said room adjoins the kitchen. When he returned from that room, he found James O. Worthey holding his left hand which was bleeding profusely and complaining of great pain. Mr. Johnson immediately notified other workers about the shelter who notified the police and made arrangements to have Mr. Worthey taken to the Cook County Hospital for treatment. (See Exhibit III.)

James O. Worthey had been employed at the shelter since the 19th day of January, 1934. From the time he was ad[*853]mitted into the shelter to the date of the accident, he had been detailed to different positions within the shelter, but that on the 17th day of October, he became night cook and his rate of pay for said service was $5.00 per week and maintenance. Maintenance consisted of two meals per day and lodging. The Illinois Emergency Relief Commission feels that the cost of maintenance for an individual in a shelter is $9.00 per month. Therefore, James O. Worthey's earning at the time of the accident were $29.00 per month.

James O. Worthey's accident arose out of and in the course 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 James O. Worthey's employment, sharpedged tools such as knives, cleavers, etc., and electrically driven motors which operated grinders, meat slicers, etc., were used. There were also two boilers in the building. Said building was operated by the Illinois Emergency Relief Commission and was occupied by approximately fourteen thousand men.

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 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." [*854] 554 WORTHEN v. ILLINOIS EMERGENCY RELIEF COMMISSION.

Section 8, subsection 2, of the Workmen's Compensation Act of the State of Illinois provides: "For the loss of a first finger, commonly called the index finger, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during forty weeks."

Section 8, subsection 3, of the Workmen's Compensation Act of the State of Illinois provides: "For the loss of the second finger, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during thirty-five weeks."

Section 8, subsection 4, of the Workmen's Compensation Act of the State of Illinois provides: "For the loss of the third finger, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during twenty-five weeks."

Section 8, subsection 5, of the Workmen's Compensation Act of the State of Illinois provides: "For the loss of a fourth finger, commonly called the little finger, or the permanent and complete loss of its use, fifty per centum of the average weekly wage during twenty weeks."

At the time of the accident, James O. Worthey had no children under sixteen years of age.

James O. Worthey has filed a petition in the Court of Claims which is known as James O. Worthey vs. State of Illinois, No. 2536.

James O. Worthey is not asking for temporary total disability.

A release and waiver has been secured from James O. Worthey in which he and his attorney have agreed to dismiss the case now pending in the Court of Claims upon the payment of Seven Hundred Dollars ($700.00).

EXHIBIT 1.

July 15, 1935.

Mr. James H. Turner, 160 North LaSalle St., Chicago, Illinois.

Re: James O. Worthey vs. Illinois Emergency Relief.

DEAR SIR: Mr. Worthey, 1149 Monroe Street, was injured October 30, 1934. On that date he got his left hand into an electric meat grinder, and has lost the industrial use of the fingers of the hand.

The index finger was amputated in the distal third of the middle joint and the second, third and little fingers were amputated at the middle joints.

He has lost the industrial use of the index, second, third and little fingers. [*855]

There is considerable wasting of the muscles of the forearm due to the amputation of these fingers.

Yours very truly, (Signed) NATHANIAL H. ADAMS.

NHA:K

EXHIBIT II.

HOLLIS E. POTTER, M. D. 1414 Peoples Gas Bldg.

Chicago

March 31, 1938.

Case of Mr. James O. Worthey Mr. James O. Worthey was here for certain x-rays of his left hand. A film was made through the right for comparison.

The bones of the left thumb appear intact. In the index finger there was amputation at the middle of middle phalanx. At middle finger there was amputation near the outer end of proximal phalanx. There is loss of bone of nearly half an inch in this proximal phalanx. In the ring finger there was disarticulation at function of middle and proximal phalanges so that there is no loss in length of proximal phalanx. In little finger there was amputation at mid point of middle phalanx. More than half of this phalanx remains. The presenting portion of each stump shows smooth bone of normal integrity. The soft tissue pad is a little thin at the little finger but quite ample at others.

Yours very truly, (Signed) HOLLIS E. POTTER.

HEP:MAS

EXHIBIT III.

STATEMENT

William Johnson, 1210 South Morgan Street, does hereby state that on October 31, 1936, he was employed as a cook's helper in the kitchen at the above address, and that he was in the kitchen when James O. Worthey sustained certain injuries.

Mr. Johnson further states that on date aforesaid, he was working in the kitchen as a cook's helper and that his kitchen duties were to wash the pots and pans and do odd jobs around the kitchen, that just before Mr.

Worthey started the electrical grinder, he stepped into the cooling room, said room adjoins the kitchen, and that while he was there, Mr. Worthey was injured. One of the other workers in the kitchen notified him of said accident. He immediately went to Mr. Worthey and saw his left hand bleeding profusely, then Mr. Worthey went directly to the doctor's office, which is located on the first floor.

Mr. Johnson further states that all he knows about the accident is what Mr. Worthey told him, as he was not an eye witness. Mr. Johnson also states that the wooden tamper or mallet which is generally used to force food through the grinder, was not used at this time, and the failure to use the wooden tamper was the direct cause of said injury. (Signed) WILLIAM JOHNSON. [*856] 826 WORTHEN v. ILLINOIS EMERGENCY RELIEF COMMISSION.

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 James O. Worthey vs. Illinois Emergency Relief Commission, the following Opinion is rendered, based upon the aforementioned statement: It appears that James O. Worthey was employed as a night cook in the shelter at 1210 S. Morgan Street, Chicago, Illinois, and that this shelter was operated by your commission; further, that while preparing a meal for the relief recipients, Mr. Worthey started an electrical grinder to grind a peck of onions; that in doing so his left hand became entangled in the blades of the grinder and as a result, the four fingers of the hand were severely cut and torn. He was rushed to the Cook County Hospital where surgical aid was given. From the accident and the resulting surgery, it appears that Mr. Worthey's index finger was amputated in the distal third of the middle joint and the second, third and little fingers were amputated at the middle joints, and that said employee has lost the industrial use of these four fingers, and that there is considerable wasting of the muscles of the forearm due to the amputation of these fingers. It further appears that the X-ray pictures and hospital reports of this case were shown to Anton Johannsen and Joseph L. Lisack, of the Industrial Commission, and that they have indicated their opinion that the employee has lost the industrial use of the four fingers in question.

It further appears that claimant had been employed at the shelter since the 19th day of January, 1934. The accident in question occurred on the 30th day of October, 1934. He was paid for his services at the rate of $5.00 per week and maintenance at the rate of $9.00 per month, making his total rate of pay $29.00 per month. Immediate notice of the accident was apparently had by the commission and a demand for compensation was made within six months after the accident. In the course of his employment sharp-edged tools and electrically-driven motors which operated grinders, meat-slicers, etc., were used, and it is apparent that the accident arose out of and in the course of plaintiff's employment, and that the acci[*857]WORTHEY v. ILLINOIS EMERGENCY RELIEF COMMISSION. 853 dent in question is compensable under the terms of the Workmen's Compensation Act.

While claimant has filed a petition in the Court of Claims, entitled James O. Worthey vs. State of Illinois, C. of C., No. 2536, your statement is noted that he is not asking for temporary total disability, and that he and his attorney have agreed to dismiss said case upon payment of Seven Hundred ($700.00) Dollars in full compensation for all rights incident to said injury.

Under the provisions of Sub-sections 2, 3, 4 and 5 of Section 8, Illinois Workmen's Compensation Act, claimant would be entitled to compensation for specific loss of the four fingers described, in an amount not less than the sum which he and his attorney offer to accept, and a settlement in the sum of Seven Hundred ($700.00) Dollars by the commission is fully warranted and justified.

We are therefore of the opinion that claimant should receive settlement on said claim from the Illinois Emergency Relief Commission in the sum of Seven Hundred ($700.00), and that such settlement should be subject to the following conditions, to-wit: 1. That the case of James O. Worthey vs. State of Illinois, Court of Claims No. 2536, now pending in this court should be dismissed. 2. 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.