LANDE, Claimant, v. STATE O FILLINOIS, Respondent. DR. LOTTIE Opilziorz f i h d May 14, 1946.
Case summary
Claimant sought an award under the Occupational Diseases Act for jaundice, alleging disability and hospital bills. The court dismissed the complaint because jaundice is not an occupational disease and the complaint failed to state a case.
Statutes cited: Ill. Rev. Stat. 1941, Chap. 48, par. 172.6
Cases cited: Domke vs. State, 12 C. C. R. 451
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- WOSKMEN’SCOMPENSA ~ O N AcT-when claim for compensation will be denied. Where claimant fails to show that jaundice, which i? otherwise not necessarily an occupational disease, followed as an incident of an occupational disease as defined in the Workmen’s Occupational Diseases Act (Ill. Rev. Stat. 1941, Chapter 48, par. 172.6) and that said disease or illness was contracted as a result of the negligence of the State, the claim will be denied.
The above named claimant on July 19,1945, filed her complaint pro se, seeking an award under the Occupational Diseases Act. 0 The matter comes up at this time on motion of the Attorney General to dismiss the complaint.
The complaint alleges that claimant was employed by respondent at the Dixon State Hdspital and that on April 18, 1945, she contracted a disease known as jaundice and suffered therefrom from April 18 to April 20 inclusive. This disease recurred April 24 and she suffered therefrom to May 1; a second recurrence was on May 9. She was treated for this disease and returned to her employment on July 31,1945. She seeks an award for salary during the time of her disability from May 10 to Juiy 31 inclusive and certain hospital bills.
It is the contention of the Attorney General that the respondent has never elected to come within the provisions of the Workmen’s Occupational Diseases Act and therefore the only liability of the respondent which can exist under any circ-umstances, is under Section 3 of said Act, and further that inasmuch as the complaint does not charge negligence by the employer or charge that claimant 3s suffering from an occupational disease con, tracted during the course of her employment, her claim should be dismissed.
Jaundice is not an occupational disease, it is an ordinary disease of life to which the general public is exposed [*133] outside of the employment and is not compensable except where said disease follows as an incident of an ornupa-. tional disease as defined in the Workmen’s Occupational Diseases Act. Ill, Rev. Stat. 1941,Chap: 48 ;ar. 172.6.
To justify an award under Section 3 of the Act, claimant must not only show that ’she sustained an injury to her health by reason of a31 occupational disease or illness contracted and sustained in the course of her employment, but it must also be clearly shorn that the said disease or illness was contracted as the result of the negligence of the State. Domke vs. IS’tate, 12 C. C. R. 451.
This complaint fails to state a case; therefore, the motion of the Attorney General must be allowed.
Complaint dismissed.
(No. 3 9 3 1 4 l a i m a n t awarded $35.50.)
CHIEF MCCLAIN,OTHERWISE K NOWN AS B. T. MCCLAIN, Claimant, us. STATE OF ILLINOIS, Respondent.
Opinion filed May 14,1946.
PFEIFER, FIXMER & GASAWAY, for claimant.
GEORGE F. BARRETT, Attorney General; C. ARTHUR NEBEL,Assistant Attorney General, for respondent.
WOEKMEN’S COMPENSATION ACT-When an awavd f m medical services may be made zmrle-r. Where it appears that a watchman of Capitol Building sustains injuries to his back, while in the course of his duties, and medical aid is rendered to the claimant at the direction of the Secretary of State, an award therefor may be made under the Workmen’s Compensation Act upon compliance with the requirements thereof.
ECKERT, J. On April 23, 1945 the Claimant, Chief McClain, who i’s otherwise known as B. T. McClain, while in the performance of his duties as a watchman at the south door [*134] of the Capitol Building, in Springfield, to clear the entrance to the building, attempted to move a heavy box.
His hand slipped and he fell against the stone wall of the building; sustaining an injury to his back.
At the direction of Edward J. Barrett, Secretary of State, by whom claimant, was employed, he was treated for his injuries by Dr. H. H. Southwick, of Springfield, and an X-ray was taken, and an intravenous injection was given claimant at St. John’s Hospital, Springfield.
Claimant paid Dr. Southwick for his services the sum of $25.00, and paid St. John’s Hospital for its services the sum of $10.50. Claim, in the total amount of $35.50, is made for reimbursement for payment of these two items.
At the time of .the accident, the employer and employee were operating under the provisions of the Workmen’s Compens&tion Set 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 claiman’s employment.
Claiman is therefore entitled to an award of $35.50, reimbursement for medical and hospital services. The award is payable forthwith.
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. ”