Illinois Court of Claims Opinions
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Elva Jennings Penwell v. State of Illinois

32 Ill. Ct. Cl. 3 Illinois Court of Claims Filed August 11, 1977 No. 3025
Disposition: (No. 3025-Claimant awarded $12,083.17.) Award: $12,083.17
Cite as: Elva Jennings Penwell v. State of Illinois, 32 Ill. Ct. Cl. 3 (1977)
Legacy General 32 awarded 1970s Elva Jennings Penwell v. State of Illinois 32 Ill. Ct. Cl. 3 August 11, 1977 (No. 3025-Claimant awarded $12,083.17.) /opinions/v32-p0112-1/

ELVA JENNINGS PENWELL, Claimant, v. STATE OF ILLINOIS, Respondent.

Headnotes

  1. Awarpbs-Periodic payments. The Court can make awards on a continuing basis when the Claimant continues to have expenses as a result of compensable injury.
  2. JURISDICTION- Workmen’s Compensation. Court retains jurisdiction to make an award for a claim under the Workmen’s Compensation Act where said Act had provided the Court with such at the time the injury occurred, the injury necessitated continuous care and expenses, and the Court, by Order, expressly retained jurisdiction to make periodic increments to the original award.

Claimant filed her petition for reimbursement for moneys expended for nursing care and health medical services and expenses from January 1, 1975, through December 31, 1975, praying for a total award of $12,524.42. This amount was subsequently reduced by ARON IED RT Pa EAPO mm 8 EH AR A [*4] a joint stipulation of the parties to $12,083.17.

Claimant was seriously injured in an accident whileemployed on February 2, 1936, as a supervisor at the Illinois Soldiers’ and Sailors’ Children’s School, at Normal, Illinois, and the complete details on this injury can be found in the original cause of action, Penwell v. State of Illinois, 11 Ill. Ct.Cl. 365, in which the Court retained jurisdiction for the purpose of granting future awards.

The joint stipulation by the Claimant and the Respondent was filed herein waiving their right to the filing of briefs and the making of arguments. Since the filing of the Claimant’s petition, the Claimant has expired. Attorney, Maurice A. Rickelman, has been appointed as executor of the estate of Elva Jennings Penwell, deceased, estate number 76-P-116 in the Fourth Judicial Circuit, Effingham County, Illinois.

However, the firm of Gosnell, Benecki, Borden & Enloe, Ltd., continues to represent the interests of the estate in conjunction with Mr. Rickelman. Having reviewed the record and the stipulation of the parties, an award is hereby made to the Claimant in the amount of $12,083.17 for the period of time from January 1, 1975, through December 31, 1975. The matter of further claims is reserved by this Court for future determination.

Official volume 32 (Containing cases in which opinions were filed and orders of dismissal entered, without opinion for: Fiscal Year 1978 – July 1, 1977–June 30, 1978; Fiscal Year 1979 – July 1, 1978 – June 30, 1979)  ·  All opinions in this volume  ·  Also on CourtListener

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