ESTHER VANDERAA RNICKREHN, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant contracted typhoid fever while employed at Manteno State Hospital and sought compensation and reimbursement for medical expenses. The court awarded $150 for nursing services, offset by an overpayment of $73.64 for temporary total disability, resulting in a net award of $76.36.
Statutes cited: Workmen's Compensation Act (Section 8)
Cases cited: Mary d4de v. State of Illinois, No. 3429
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Headnotes
- WoRKmm’s COMPENSATION AcT-when contraction of typhoid fever deemed accadental injury arising out of and in course of employmen&- when award may be made f o r compensation for. Where attendant at State institution contracted typhoid fever, while so employed at said institution, during an epidemic of such disease therein, resulting in total temporary disability and necessary expenditures f o r nursing care, which it appears employer was unable to furnish, an award for compensation for such period of disability and reasonable value of such nursing care may be made i n accordance with the provisions, of t h e Workmen’s Compensation Act, where employee complied with requirements of Act, as such contraction of said. disease is deemed to be a n accidental injury arising out of and i n the course of employment.
This claim was filed October 24,1940, and the record of the case completed June 10, 1943. -4 [*76] '?6 Claimant alleges that she was employed by respondent Lt the Manteno State Hospital, Manteno, Illinois, in a clerical capacity and that during the course and out of her employment on the 8th day of September, 1939, she contracted typhoid fever and as a result 'of such illness claimant became incapacitated and incurred various obligations for medical services for which she asks to be reimbursed and also for compensation under the Workmen's Compensation Act. Claimant was 22 years of age, married and had no children under the age of 16 years at the time of her illness.
The record consists of complaint, stipulation, transcript of testimony on behalf of clajmant, waiver of statement, brief and argument by claimant and respondent.
It has heretofore been stipulated in this court that a typhoid fever epidemic existed at the Manteno State Hospital during the month of August, 1939, and after discussing this subject in detail, at the September, 1943, term of this court, in the case of Mary d4de, Claimant, vs.
Respomderzt, No. 3429, we decided that typhoid fever contracted under such circumstances as existed at the Manten0 State Hospital was compensable under the Workmen's Compensation Act.
It is stipulated herein that claimant became ill from typhoid fever on the 8th day of September, 1939, and returned to work on the 3rd day of January, 1940. She was paid $209.18 during the period of her illness which was for unproductive time. Her salary was $60.60 per month. Claimant is entitled to compeiisation during the period of her illness of 16 317 weeks at $8.25 per week or $135.54. She was paid during her illness for unproductive time the sum of $209.18 which must be deducted from any amount found to be due claimant. She was [*77]
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I overpaid for temporary total disability the sum of I $73.64.
I Claimant seeks reimbursement for doctor bills in the sum of $201.50, nursing services in the sum of $150.00, food in the sum of ’$24.00 and medicines in the sum of , $18.00. j The record shows that claimant elected to obtain the
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’ services of her own physician and having so elected she cannot be reimbursed for his charges (Section 8, Work, men’s Compensation Act). Respondent furnished hosI pitalization, food and necessary medical supplies. There I is no showing in the record that claimant’was compelled I to obtain additional food and medicines. The claim for charges therefore cannot be allowed.
Claimant alleges that she expended the sum of $150.00 for nursing services and while the proof of the necessity of puch services is meager claimant’s husband testised that there were 40 employees that had typhoid fever at that time; that there was no nurse available to care for claimant; and that there was a shortage of help at the institution. Under such circumstances we believe claimant is entitled to reimbursement for the charges incurred for nursing services.
Claimant is therefore entitled to an award for $150.00 for charges incurred for nursing services less the sum of $73.64 which claimant was overpaid for temporary disability leaving a balance due claimant in the sum of $76.36.
An award is therefore entered in favor of claimant, Esther Vanderaa Knickrehm, in the sum of $76.36.
This award is subject to the approval of the Governor as provided in Section 3 of “An Act concerning the payment of compensation awards to State employees. ”