ROBERT ROBINSON, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant, an attendant at Chicago State Hospital, slipped and fell, sustaining a colles fracture of his left arm with 25% permanent loss of use. The court awarded compensation for the permanent loss but denied total disability compensation due to insufficient evidence of the disability period.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- WORKMEN’S COMPENSATION ACT- when award m a y be made under. Where an employee of State sustains accidental injuries arising out of and in the course of her employment, an award may be made for compensation therefor, in accordLance with the provisions of the Workmen’s Compensation Act, upon compliance by the said employee with the requirements thereof.
- SAME-When cllaim f o r total disability will be denied. In the absence of proof as to when a claimant was physically able to resume his duties, no award for total disability can be made.
This claim was filed July 14, 1944, and the record completed October 30, 1944.
The record consists of the Statement of Claim, Transcript of Evidence, Departmental Report, Stipulation, and Waiver of Statement, Brief and Argument by Claimant and Respondent.
Claimant alleges that on July 19, 1943, he was employed at the Chicago State Hospital by the Department of Public Welfare, State of Illinois, as an attendant; that on said date claimant was injured by reason of an accident arising out of and in the course of his employment; that while in the performance of his duties he slipped and fell, and thereby sustained a colles fracture of his left arm, resulting in permanent injury to the extent of 25% permanent loss of the use of said arm.
Claimant asks-for compensation for total temporary disability from July 19, 1943, until February 9, 1944, and compensation for permanent impairment of the loss [*88] of use of his left arm. Claimant received medical care and his salary for the months of July and August of 1943.
The period in which claimant was totally disabled is not clear from the record. The only evidence bearing on this point is the question asked of claimant
“&. You were totally unemployed from the time of the accident
until when,
A. February 9th.”
The Departmental Report states :
“This employee was off duty from July 19th to August 19th because of a duty connected injury for which he was paid $105.00. He then received a paid vacation from August 19th to September 1st inclusive. A Leave of Absence was granted him from September 2nd to October 4th inclusive. He was then on duty from October 5th to October 9th inclusive and he resigned on October 10th.”
From’this evidence, it does not appear when claimant was physically able to resume his duties, and in the absence of such proof, no award for claimant’s total disability can be made.
Claimant was examined by Dr. George N. Beecher and Dr. Benjamin Cohen, who testified that claimant sustained a colles fracture of the left wrist, which fracture resulted in the loss of the functional use of claimant’s left forearm in flexion, supination and rotation to the extent of approximately 25% of said extFemity, and that, based upon the various x-rays, examination, treatment and reasonable medical certainty, said disability is permanent.
No jurisdictional question is involved, and claimant is entitled to the benefits of the Workmen’s Compensation Act. Section 8, Paragraph E provides for the loss of an arm or the permanent and complete loss of its use, 50% of the average weekly wage during 225 weeks.
[*89] Claimant is, therefore, entitled to Compensation for 25% permanent loss of the use of his Ieft arm, or $14.23 for 56% weeks. Claimant’s average weekly wage at the time of the injury was $24.23, 50% of which is $12.11, increased 17$4% (See. 8, Par. M), or a total of $14.23. Claimant is entitled to have and receive,from respondent compensation for 56% weeks at $14.23 per week, or a total of $800.44.
An award is therefore entered in favor of claimant, Robert Robinson, in the sum of $800.44, all of which is accrued and is payable forthwith.
This award is subject to the approval of the Gov- - ernor as provided in Section 3 of “An Act concerning the payment of compensation awards to State employees. ”