RICHARDS, Claimant, v. STATE OF ILLINOIS, Respondent. FRANK
Case summary
Claimant, a laborer, lost vision in his left eye when a chip of concrete struck him while patching pavement. The court awarded $1,104.88 under the Workmen's Compensation Act, reduced by an overpayment for temporary total disability.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- GEORGE F. BARRETT, Attorney General; ROBERT V. QSTROM, Assistant Attorney General, for .respondent.
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- WORKMEN’S COMPENSATION ACT-when awal-d may b c made under for loss of use of eye. An employee of the State who sustains accidental injuries, arising out of, and in the course of his employment, resulting in the Ioss of use of an eye, while within the provisions of the Workmen’s Compensation . Act, is entitled to compensation therefor, i n accordance with the provisions of said Act, upon compliance with the requirements thereof and proper proof of claim for same.
Claimant, Frank Richards, was employed as a laborer by the Division of Highways, Department of Public Works and Buildings, of the State of Illinois, 011 August 24, 1942.
On October 13, 1942, while patching concrete pavement on U. S. Route 52, Wilton Center, Illinois, a chip of concrete, apparently propelled by an air hammer chisel operated by a fellow employee, struck and injured his left eye. Claimant was treated at St. Mary’s Hospital in IKankakee, Illinois, from October 19th to December 5th; he was able to return to work on December 21, 1942. The accident, however, resulted in the loss of all useful vision in the injured eye.
At the time of the accident claimant arid respondent were operating under the provisions of the Workmen’s Compensation Act of this State, and notice of the accident and claim for compensation were made within the time provided by the Act.
The accident arose out of and in the course of the employment. Claimant had been in the employ of the division less than two months ; he had no children under sixteen years of age; his wage rate was fifty-five cents an hour. Employees ~ engaged in a similar capacity worked for the respondent less than two hundred days a year, and eight hours constituted a normal working day. The basis for detei-mining claimant’s compensation is therefore a weekly wage of $16.92.
Claimant was temporarily totally disabled for a period of nine and one-seventh weeks, during which time he was paid compensation in the amount of $96.96. He was entitled, however, to compensation payments totalling $85.12, so that there was an over-payment of $11.84. Respondent also paid $346.47 for medical and hospital services. No further claim is made for such services.
Claimant seeks an award for total loss of use of his left eye. His claim is fully substantiated by the record, and he is entitled to receive from the respondent the sum of $8.46 per week for one hundred and twenty weeks, or $1,015.20. Since [*487] the injury occurred subsequent to July 1st, 1941, this amount must be increased ten per cent, making a total sum of $1,116.72, from which should be deducted $11.84, over-payment on account of temporary total disability.
Award is therefore entered in favor of the claimant for the sum of $1,104.88 to be paid to him as follows:
$187.53 which has accrued and is payable forthwith.
$917.35, payable in meekly installments of $9.31 per week beginning May 11, 1943, for ninety-eight weeks, with an additional final payment of $4.97.
This award being subject to the provisions of an Act entitled “An Act Making an Appropriation to Pay Compensation Claims of State Employees and Providing for the Method of Payment Thereof,” approved June 30, 1941, and being by the terms of such Act subject to the approval of the Governor, is hereby, if and when approval is given, made payable from the appropriation from the Road Fund in the manner provided for in such Act.