IVAN E. BROUSE, M. D., Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought payment for X-ray services rendered to a state employee, which the state refused due to a lapsed appropriation. The court awarded $20.00, finding sufficient funds existed when services were rendered.
Cases cited: Rock Island Sand and Gravel Co. vs. State, 8 C. C. R. 165; Indian Motorcycle Co. vs. State, 9 C. C. R. 526; Metropolitan Electrical Supply Co. vs. State, No. 3270, decided at the September Term, 1938
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Headnotes
- MEDICAL SERVICES-rendered to employee of State under Workmen's Compensation Act-lapse of appropriation at of which could be paid-before presentment of bill-when award may be made for. Where medical services were rendered to employee of State for accidental injuries arising out of and in the course of his employment, while engaged in extra-hazardous employment, at the request of State, and bill for reasonable value of same was not presented before lapse of appropriation out of which it could be paid, due to no negligence of claimant, an award may be made for amount due, on claim Aled within a reasonable time.
On February 17th, 1939 one Franklin Story, an employee of the Division of Highways of the respondent, sustained an accidental injury which arose out of and in the course of his employment, and was treated therefor by Dr. F. A. Norris.
On March 27th, 1939, with the approval of the Division [*231] of Highways, said Franklin Story was referred by Dr.
Norris to the claimant herein for X-ray pictures of his dorsal and cervical spine, and for an interpretation of such pictures.
Claimant made the pictures as requested, and gave his interpretation thereof, and on December 4th, 1939 rendered a bill therefor to the respondent in the amount of $20.00. Payment was refused on the ground that the appropriation from which same was properly payable had lapsed, and claimant was advised that he would have to seek payment through the Court of Claims.
No question is raised as to the value of the services rendered, nor is it claimed that there were not sufficient unexpended funds in the proper appropriation at the time of the rendition of such services. Under similar circumstances we have repeatedly held that the claimant is entitled to an award. Rock Island Sand and Gravel Co. vs. State, 8 C. C. R. 165; Indian Motorcycle Co. vs. State, 9 C. C. R. 526; Metropolitan Electrical Supply Co. vs. State, No. 3270, decided at the September Term, 1938, of this court.
Award is therefore entered in favor of the claimant for the sum of Twenty Dollars ($20.00).