GROVER C. BOSTON, Claimant, ‘v. STATE OF ILLINOIS, Respondent.-
Case summary
Claimant, a state employee, suffered finger injuries while adjusting a mixer. The court awarded compensation under the Workmen's Compensation Act for loss of a third finger and permanent loss of use of a fourth finger.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- WOBKMEN’SCOMPENSATION Am-partzrml loss of use of thard and fourth fimgers of left hand. Where an employee of t h e State receives accidental injuries, arising out of and in the course of his employment, while engaged in extra-hazardous employment, resulting i n permanent partial loss of use of t h e third and fourth fingers of his left hand, an award may be made for compensation therefor i n accordance with the provisions of the Act upon compljance by the employee with the terms thereof and proper proof of claim for same.
On August 18, 1947, claimant, Grover C. Boston, an employee of the respondent in the Department of Public Works and Buildings? Division of Highways, while making adjustments to a miger of bituminous materials at the Division’s storage yard near the- village of Flora, Illinois, caught the fingers of his left hand between the mixer blades and the inside of the metal mixer drum. Claimant’s left middle, ring, and little fingers were severely lacerated and mangled.
Cllaimant was immediately taken to the office of Dr. .
Howard Tillman and.Dr. H. D. Fehrenbacher, at Flora, where he received first aid. He was then taken to the 01- ney Sanitarium, where Dr. Frank Weber amputated the left ring finger and gave surgical attention to the. other fingers. Claimant returned to work on August 23, 1947, but continued under the care of Dr. Weber, who reported to the Division on November 2nd that claimant’s permanent disability was the loss of his third finger and
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the complete loss of use of his fourth or little finger.
At the time of the accident, the claimant and re
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[*176] spondent were operating under the provisions of the Workmen’s Compensaiion Act 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 the employment. The claimant had no children under sixteen years of age dependent upon him for support at the time of his injury.
Claimant has sustained the loss of the third finger of his left hand and the permanent and complete loss of use of the fourth finger of his left hand. For the loss of a third finger claimant is entitled to fifty per cent of his average weekly wage for Jwenty-five weeks, and for the permanent and complete loss of use of his fourth finger, claimant is entitled to fifty per cent of his average weekly wage for twenty weeks. Claimant’s aiinual earnings in the year preceding his injury were $1,823.71.
His average weekly wage was $35.07, one-half of which is $17.54. Claimant ’s’compensation rate is thus the maximum of $15.00 per week. The injury having occurred subsequent to July 1, 1947 this must be increased 30% or $4.50, making a compensation rate of $19.50 per week.
An award is therefore entered in favor of the claim.ant, Grover C. Boston, in the total sum of $877.50 to be paid as follows : $682.50, accrued, is payable forthwith; $195.00, payable in weekly installments of $19.50 per week beginning April 20, 1948 for a period of 10 weeks.
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 Sta.te employees. ’