Lovell Dean v. State of Illinois

LOVELL

DEAN, WIDOW O F l\rARREN L. DEL4N, DECEASED, ClailllRllt, vs. STATE OF ILLINOIS, Respondent. ~ O p i t z on filed September 18, 1947.

I<TNI)ER

A N D DEP, for Claimant.

GEORGE F. BARRETT, Attorney General; C. ARTHUR NEBEL,Assistant Attorney General, for Respondent, WORKMEN’S COMPENSATION ACT-eflLplOyee in the De~ortnteiitOf PUblzc Works, Dwision of Hzghaoays, wkthzn pwvzsaons of Act. When crward naoy be made foi- death undw Act. Where employee in the Department of Public Works sustains injuries, arising out of and in the course of his employment, resulting in his deGh, an award for compensation therefor may be made to those legally entitled therefo, in accordance with the provisions of the Act, upon compliance with the requirements thereof and proper proof of claim therefor. * BERGSTROM, J. Claimant, Love11 Dean, is the widow of MTar.ren L. Dean, who was employed by respondent in the Department of Public Works and Buildings, Division of Highways, and seeks an award for the death of her husband under the provisions of the Workmen’s Compensation act.

On April 14, 1947 Mr. Dean and other men were engaged in filling pavement cracks with molten asphalt on U. S. Highway No. 66 in Nontgomery County. About 1 : l O P.M. Mr. Dean mas refilling his pouring can at the rear of the kettle. A tractor-trailer transport, loaded with approximately 429 bushels of shelled corn and r driven by Mr. Everett J. Wooils of Sullivan, Missouri, [*73] approached from the north. Tlie flagman signaled to Mr. Woods to stop to permit a north bound car to pass.

However, the transport disregarded the signal and continued doma the highway. The flagman called a ~r7ar11- ing to the group and jumped into the ditch. Nr. Dean either failed to hear the warning or failed to respond quickly enough, for he continued to fill his pouring can at the back of the asphalt kettle. The transport continued in its course qnd struck Mr. Dean, piiiiiiiig him ' between the transport and the asphalt kettle. He fell from between the two vehicles about 90 feet from the point of 'impact. Dean's superior called an ambulance to take him to a hospital. It was determined upon arrival of the ambulance that Mr. Dean was dead. The body was taken to a funeral home at Wytt. There it was found that he had suffered fractures of both le"gs, an arm, the skul1;chest injuries and the body was badly burned.

The deceased was injured during the course of and out of his employment by respondent, and the employer and employee were operating under the provisions of the Workmen's Compensation Act. The record does not present any jurisdictional questions. The deceased was survived by his widow, Love11 Dean, and two children, Thomas Dean, 3 years old, and Beverly Sue Dean, 4 months old.

Decedent's earnings from respondent during the , year preceding his death totalled $1,?307.83. Tlie accident having occurred subsequent to July 1, 1945, the weekly compensation rate would be $19.20. Under Section 7 (h) Par. 3 of the Workmen's Compensation Act, claimant is entitled to an awa.rd in the amount of $4,800.00, which must be increased 20% under Section 7 (l), making a total award of $5,760.00.

[*74] A11 award is therefore made in favor of the claimant, Love11 Dean, in the amount of $5,760.00, to be paid l o her as follows: $ 422.40, accrued is payable forthwith; $5,337.60, is payable in weekly installments of $19.20 per week, beginning September 23, 1947, for a period of 278 weeks.

Sll future payments being subject to the terms and conditions of the Workmen’s Compensation Act of Illinois, jurisdiction of this cause is specifically reserved for the entry of such further orders as may from time to time be necessary.

This award is subject to the approval of the Governor, as provided in Section 3 of “Ail Act concerning the payment of compensation awards to State Employees.” - a