Lawson v. State of Illinois

The stipulation of facts disclose that claimant, George W. Lawson, at the time of his alleged claim on [*17] May 25, 1948, was 51 years of age and had two minor children under the age of 16 years ; that he was employed by the State of Illinois since April I, 1941 and that his earnings the year immediate to May 25, 1948 were $2,- 413.32; that he was paid full salary of $203 per month I until June 22, 1948, inclusive, and compensation at the rate of $20.80 a week from June 23, 1948 until September i 14, 1948, inclusive; that during his second period of dis- 1

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ability he was paid full salary beginning November 16, I 1948 through November 25, 1948, and compensation of $20.80 November 30th, 1948; and total payments received by claimant for wages and compensation were $520.29.

That respondent had due notice of the accident, claim for compensation was made and filed within the . time required by law.

The facts further disclose that claimant was a Highway Section Foreman employed by the Department of Public Works and Buildings, Division of Highways ; that on May 25, 1948 he was operating a motor grader, a mile and a half north of Viola, Illinois, on Route 67; that he started to operate it at 11A. M. until noon, that gas fumes emanating from the grader blew in his face; that at 1:00 P. M. a bulldozer was hooked in front of the grader to give the grader more power and to prevent it from tipping over; that-grader was operated on a slope at a 45' angle and claimant inhaled gas fumes about 21h hours; that the bulldozer hit a fence and threw claimant violently against the interior of the cab of the grader; that claimant hit his shoulder,. back and head against the cab; that claimant got up and took hold of steering wheel and became dizzy and was sick; that he tried several times to again operate the grader, but could not and was ordered taken home at 4 o'clock in the afternoon.

[*18] That when claimant got home, Dr. James V. Hastings was called and claimant was kept in bed until June 30th; that electrocardiographs were taken on May 27th, 1948 at the Lutheran Hospital in Moline, and these showed acute coronary insufficiency with myocardial infraction posterior type moderately recent ; that when Dr.

Hastings examined claimant on May 25, 1948 his general symptoms suggested a coronary attack; that four cardiographs were taken and substantiated Dr. Hastings’ examination and showed coronary thrombosis and that his condition will restrict his physical actions permanently ; that claimant has an impaired circulation of the heart muscle and that the condition is permanent; that the condition was caused by the facts showed in evidence with reference to his work on May 25th, 1948, being over ex’ ertion and inhaling of gas fumes ; and that claimant was totally and permanently disable8 from pursuing gainful employment . 5 .

The facts show claimant was engaged in work he was not doing every day and placed additional exertion and brought on the attack.

The facts further show claimant had never suffered I from a heart attack before, and before going to work for the State passed a physical examination; that after the attack he tried to resume his supervisory work, but could not perform said work; that he had a common’grade school education, going to work at the age of 14 and had no training of any kind, but for hard labor; and that he tried to get work, but was not able; and had always worked and was never out of a job until the attack on May 25, 1948.

From the undisputed facts in this record, the claimant received a coronary attack that arose out of and in the course of his employment and that he is totally and [*19]

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permanently disabled from pursuing any gainful occupation.

In the opinion of the court this case falls within the holding of the Supreme Court of Illinois in the cases of Fittro vs. I ~ ~ d u s t r i aComrmission, l 377 Ill. 532, and Joliet I vs. Iitdustrid Cornmissiow, 291 111.‘555.

That all medical and hospital expenses have been paid by the respondent and there are no further claims I made for said expenses. I The testimony on hearing before Commissioner I

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Young was transcribed by Laura Campbell, who has submitted a statement of $25.00 for her services. This charge is reasonable and proper. I

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The claimant is therefore entitled to an award of’ I $6,240.00, less the sum of $145.89 paid claimant for nonproductive time, or the sum of $6,094.11.

An award is therefore entered in favor of the claimant, George W. Lawson, in the amount of $6,094.11, payable as follows: $ 727.71, being 42 weeks at $20.80 per week, less overpaymknt of $145.89 for non-productive time. which has accrued and is payable forthwith; $5,366.40, to be paid in weekly installments of $20.80 per week, beginning September 28, 1949 for a period of 258 weeks; And, thereafter a pension for life in the sum of $499.20 annually, payable in monthly installments of $41.60.

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

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. ” [*20] (No. 4 1 4 5 4 l a i m a n t awarded $285.50.)

HANNAH G ’ ~ E N W A L DClaimant, , VS. STATE O F ILLINOIS, Respondent.

O p m ton filed September 23, 1949.

HXNRY J. SAMUEL, Attorney for Claimant.

IVAN A*. ELLIOTT, Attorney General; WILLIAM J. COLOEAN,Assistant Attorney General, for Respondent.

WORKMEN’S COMPENSATION A&-where allowance wzll be made tinder. Where employee of State Division of Unemployment Compensation slipped on the waxed floor of her place of employment and sustained a sprained right wrist and injury to her knee, she was entitled to recover for temporary total disability for six ( 6 ) weeks $117.00 and $168.50 medical and doctor’s expenses, under the Act.

DELANEY, J. Claimant, Hannah Greenwald, was employed on April 26, 1948, in the capacity of a claim taker by respondent in the Department of Labor, Division of Unemployment Compensation. On that day, claimant slipped on a waxed floor at her place of employment in Chicago; claimant sustained a sprained right wrist and injury to her knee.

The record consists of the complaint, departmental report, stipulation, waiver of brief of claimant, and waiver of brief of respondent.

No jurisdictional question is raised. Respondent and claimant were operating under the Workmen’s Compensation Act and the accident in question arose out of and in the course of the employment.

Claimant paid the South Chicago Community Hospital $5.00 for X-rays, $160.00 to Dr. Jacob Samuel for professional services, and $3.50 for medicines. She was temporarily and totally disabled from April 26, 1948, to June 7,1948. The respondent has not reimbursed her for her medical expenses nor has it paid any compensation for the temporary period of her total disability.

[*21] Records show that claimant’s salary was $160.00 per month. She was 53 years of age and had no children under 16 years.

We conclude, therefore, that the claimant is entitled to an award for. her medical and doctor bills in the amount of $168.50, and also an award of $117.00 for 6 weeks temporary total disability. The injury having occurred after July 1, 1947, this must be increased 30% making her compensation rate the maximum of $19.50 per week, all of which has accrued, payable forthwith.

The testimony on the hearing before Commissioner Blumenthal was taken by A. M. Rothbart, who has submitted a statement for $11.10 for his services. This charge is reasonable and proper.

An award is made in favor of A. M. Rothbart for stenographic and reporting services in the amount of $11.10, which 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 awards to State employees.’’