Ford B. Lindeberg v. State of Illinois

This complaint was filed Ma&h 7, 1947 aiid the evidence heard on June 3, 1947. The record coiisists of the complaint, transcript of the testimony, departmental report, and stipulation of the parties mairing statement, brief, aiid argument. No jurisdictional question is raised.

The claimant, Ford B. Lindeberg, 46 pear's of age, on September 21, 1946, was employed by respondent in the Department of Public Welfare as an attendant at the Chicago State Hospital. On that day while on duty in Cottage Ward 10-11, about 6:45 a.m., he was assaulted by a patient and thrown to the floor injuring his left knee and left hand.

Claimant was immediately examined by the night physician and carried on a stretcher to the employee's infirmary, where he.was confined to bed and given first aid. The same morning following further examination and X-rays which disclosed a comminuted fracture of the patella, he was transferred to the Illinois Research IIospital. Additional X-rays were taken and the fracture of the left knee was reduced by a bone operation and [*52] \ the fragments held in apposition by a mire suture.

Claimant v7as hospitalized at Illinois Research Hospital until October 16 and then returned to the Chicago ’ State Hospital’ for further treatment. He was in the . hospital until October 29, 1946. He returned to work on December 1, 1946.

Prior to the accident, claimant ’s general condition, including his left knee and hand, was very good but since 0 then, he has no strength or stability in his leg after normal use and after a few hours work, he experiences pain and is compelled to bandage the leg.

Dr. Albert C. Fields, called on behalf of the claimant, testified that the movement of the knee on palpation was restricted to about three-quarters of normal ; with instability of the knee joint and an abnormal increase in lateral morement.. The fourth finger of the left hand is held in a flexed deformity with a limitation of extension of ahout 45 degrees enlargement of the mid-phalangeal joint and an inability of about 10 to 15 degrees in bringing the tip of the finger to the palm of the hand. In his opinion, the condition is described as permanent.

This testimony was further corroborated by X-rays revealing the comminuted fracture of the left patella ilnd the fracture of the fourth finger of the left hand.

The fractured knee fragments were not in complete apposition and bony union is not established between the fragments.

Dr. Louis Olsman, surgeon and personnel physician at the’ Chicago State Hospital, was called as a witness hy respondent. He testified in the same respect as to the fractures and in answer to a question by the Assistant 9 ttoriiey General stated that he (claimant) has obtained as much healing as he will with that fracture. He further testified that a union of the fractured knee was not [*54] obtained and that an X-ray as recent as Jlarch 6, 194’7, showed three definite fragments separated by about a quarter of an inch with a metal wire encircling the patella. He also found about a 45 degree limitation of ex- t tension in the little finger of the left hand.

Commissioner Blumenthal who heard the testimony in this case reports there is a reddened well-healed, crescent-shaped scar about 51/2 inches long over the left ’ knee cap and the lack of apposition of the fractured fragments was obvious from observation of the X-ray as was the deformity of claimant’s little finger on his left hand.

Claimant’s annual average wage was $1,440.00 with a weekly wage of $27.69. His weekly compensation rate would be $13.85 increased by 20% or a total rate of $16.62.

The evidence in this case on behalf of claimant as corroborated by respondent’s witness clearly indicates that claimant has sustained a forty per cent permanent and partial loss of use of his left leg for which he is entitled to $1,263.12 at the rate of $16.62 for 76 weeks.

As shown by the record, claimant also suffered H fifty per cent permanent and partial ldss of use of, the little. finger of the left hand for which he is entitled to $166.20 at the rate of $16.62 for 10 weeks.

While at the Illiiiois Research Hospital claimant personally paid $16.25 for medicines and X-rays as shown by the itemized receipted bills for such charges for which he is entitled to an award reimbursing him for these expenditures.

Claimant returned to work on December 1, 1946 and was entitled to receive $166.20 for 10 weeks temporary total disability. He was paid $115.00 for September, $104.80 for October, and $36.25 for November, or a total [*55] of $306.05 of which $83.07 was earned during September.

The balance of $222.98 represents a payment of $56.78 ill excess of the $166.20 compensation to which he was enfitled and this sum of $56.78 must be deducted from the award.

An award is therefore hereby entered in favor of clkmant in tlie sum of One Thousand Three Hmldred

Kighty-Eight Dollars ($1,388.79) Seventy-Nine Cents

($1,445.57 less $56.i8) of which $698.04 has accrued as of September 20, 1947 aiid the balance of $690.75 is pay, able at the rate of $16.62 per week c6mmenciilg Scptember 2‘7, 1947. 9. M. Rothbart, Court Reporting Service, 120 Soulli TJaSalle Street, Chicago, Illinois, was employed to take and transcribe the evidence in this case and has rendered a bill in the amount of $47.20. The Court finds that thc amount charged is fair, reasonable and customary and said claim is allowed.

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 ’ 7, /