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Nadine Burtok v. Fillinois

21 Ill. Ct. Cl. 327 Illinois Court of Claims Filed 1952-10-10 No. 4118
Disposition: (No. 4118-Prior award modified.) Award: $5,875.00
Cite as: Nadine Burtok v. Fillinois, 21 Ill. Ct. Cl. 327 (1952)
Legacy General 21 awarded 1950s Nadine Burtok v. Fillinois 21 Ill. Ct. Cl. 327 1952-10-10 (No. 4118-Prior award modified.) /opinions/v21-p0355-1/

NADINE BURTOK, WID O W, ET A L, Claimant, v. STATE O FILLINOIS, Respondent. Opinion $led October IO, 1952.

Case summary

Claimant sought modification of a prior workmen's compensation award after her remarriage and the subsequent death of her child. The court modified the award, granting $390.00 for accrued payments from February 7, 1952 to June 25, 1952, extinguishing all remaining obligations.

Claim type: Wrongful Death

Statutes cited: Ill. Rev. Stat., 1947, Chap. 48, Sec. 144a; Ill. Rev. Stat., 1947, Chap. 48, Sec. 144g

Cases cited: Burton vs. State, 18 C.C.R. 99; Beclcemeyer Cpal Co. vs. Ind. Com., 370 Ill. 113; Waechter vs. Ind. Corn., 367 Ill. 256

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

  1. WORKMEN’S COMPENSATION ~CT-VbOdifiCatzOn, of award. Remarriage of claimant necessitated modification of award under authority of Ill. Rev. Stat., 1947, Chap. 48, Sec. 144a.

On December 9, 1948, claimant, Nadine Burton, widow of Marsh Burton, decedsed, was given an award for $5,875.00 under the Workmen’s Compensation Act for the death of her husband, as the result of an accident that arose out of and in the course of his employment on April 27, 1948. Burton vs. State, 18 C.C.R. 99. This Court reserved jurisdiction of the case in the event future orders were necessary.

At the time of his death, Marsh Burton had one child, Dennis Gene Burton, then nine months of age.

On January 29, 1952, Nadine Burton remarried, and her name is now Nadine Ledbetter. Such remarriage was, in and of itself, sufficient to require a modi

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[*328] fication of the award. Ill. Rev. Stat., 1947, Chap. 48,

See. 144a.

However, on June 25, 1952, Dennis Gene Burton received accidental injuries, which resulted in his death that day.

Respondent paid claimant under the original award until January 29, 1952. The total of such payments amounted to $3,822.00, leaving an unpaid balance of $1,963.00, payable at the rate of $19.50 per week.

The death of Dennis Gene Burton extinguishes any unpaid balance of the award that might not have accrued prior to the date of his death, but his mother is entitled to receive the payments that accrued from February 7, 1952 to June 25, 1952, a period of 20 weeks. Ill. Rev. Stat., 1947, Chap. 48, Sec. 144g. Beclcemeyer Cpal Co. vs. Ind. Com., 370 Ill. 113; Waechter vs. Ind . Corn., 367 Ill. 256.

The amount, which accrued during such 20 weeks period, is the sum of $390.00, which is payable forthwith to Nadine Ledbetter, and, with the payment of such sum, all of respondent’s obligations under the previous award and this modification thereof will be completely and finally liquidated.

Official volume 21 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion between: July 1, 1951–April 30, 1954)  ·  All opinions in this volume  ·  Also on CourtListener

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