RUBY BAKER, WIDOW OF FREDERICK C. BAKER, DECEASED, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought compensation for the death of her husband, a state employee killed in a hotel fire while on assignment. The court found the death arose out of and in the course of employment and awarded $5,340.00 under the Workmen's Compensation Act.
Cases cited: Lilla M. Miller vs. State of Illinois, No. 3991, 16 C.C.R.; Margaret L. Taylor vs. State of Illinois, No. 3996, 16 C.C.R.
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, and C. ARTHUR NEBEL, Assistant Attorney General for respondent. WORKMEN’S COMPENSATION AcT-mplo.yee of Department of Insurance-wibm death results in the course ,of e n L p l o y m e n t 4 n award may be made for compensation therefor u M e r Section 7 ( a ) of Act. The identical questions presented here have been ,before this Court ‘and decided i n Mzller vs. State, and Taylor vs. Btate, ante, this volume, and what was said i n those cases is applicable here, and permits of n o 8 distinction between an employee of the Department of Insurance, and a n employee of the Department of Revenue or the Department of Public Health.
I
The decedent, Frederick C. Baker, was employed by the respondent in the Department of Insurance, Division of Licenses, at the time of his death, and had been so employed since May 15, 1941. His employment required that he investigate violations of insurance laws wherever such * violations might occur. Much of his work was, of necessity, done in Chicago.
During the latter part of May, and the first week of June, 1946, the decedent was assigned to work in- Chicago, and he was authorized by his department to stay at the LaSalle Hotel. Early in the morning of June 5th, a disastrous fire occurred at the hotel in which Mr. Baker lost his life. He left the claimant, Ruby Baker, his widow, and Ruth Ann Baker, his fifteen year old daughter, surviving.
The Director of Insurance had immediate notice of Mr. Baker's death, and demand for compensation was made by the claimant within six months thereafter.
There is no dispute as to the facts. The respondent, however, raises two questions of law which have previously been presented and determined'by this court in the case of Lilla M. &!iller vs. State of Illimois, No. 3991, 16 C.C.R.; Margaret L. Taylor vs. State of Illiwois, No. 3996, 16 C.C.R. The decisions in those cases are controlling here, and permit no distinction between an employee of the Department of Insurance and an employee of the Department of Revenue or the Department of Public Health.
[*253] The court, therefore, finds, that the death of Frederick C. Baker arose out of and in the course of his employment, and that as an employee of the Department of Insurance he was entitled to the benefits of the Workmen’s Compensation Act of this State.
Mr. Baker’s earnings during the year immediately preceding his death were in excess of $4,000.00, so that claimant is entitled to an award in the sum of $4,45000.
Since the death occurred subsequent to July 1, 1945, this must be increased Zoo/,, making a total award of $5,340.00.
The weekly compensa.tion rate is the maximum of $15.00, increased 20% or $18.00.)
Award is therefore entered in favor of the claimant, Ruby Baker, in the amount of $5,340.00 to be paid to her as follows: $ 828.00, accrued, is payable forthwith; $4,512.00, is payable in weekly installments of $18.00, beginning on the 24th day of April, 1947, for a period of 250 weeks, with an additional final payment of $12.00.
All future payments being subject to the terms and conditions of the Workmen’s Compensation Act of Illi.nois, jurisdiction of this cause is specifically reserved for the entry of such further orders as may from time to time be necessary. I This award is subject to the approval of the Gover-’ nor as provided in Section 3 of “An Act concerning the payment of %compensationawards to State employees. :’