text:
    (No. 3866
    Moline Consumers Company, Claimant, vs. State of Illinois, Respondent.

      Opinion filed March 19, 1946.

    Claimant, pro se.
    George F. Barrett, Attorney General, for respondent.
   Damron, J.

This complaint was filed on July 13, 1944 by the above named claimant pro se.

It seeks an award for $45.20 for one carload of sand sold and delivered to the Department of Public "Works and Buildings, Division of Highways.

The record consists of the complaint and the report of the Division of Highways, said report having been filed August 19, 1944.

The report discloses that the Division of Highways, acting by and through its district engineer, placed an order for a carload of sand with the Missouri Gravel Company, Moline, Illinois. This order was dated June 13, 1943, and bore the No. D-51493. The actual volume of sand was not designated, but the grade of sand, the rate per ton, and the shipping destination were previously agreed upon. Shipment of the sand was made as per order by the Missouri Gravel Company, a subsidiary of claimant, and was received and used by the Division of Highways at Meredosia, Illinois. The freight charges on the sand were paid by the Division of Highways.

This report further shows that thereafter, the Division of Highways received no invoices on this sand and for that reason the claim has never been paid.

The complaint shows that the car of sand contained 113,000 lbs. @ 80c per ton, or $45.20.

Appropriation had been made and funds were available for the payment of such purchases used by the Division, but inasmuch as the appropriation had lapsed, the Division of Highways could not schedule and pay claimant’s invoices from current appropriation and funds.

We have repeatedly held that where goods, wares, and merchandise have been furnished to the State on the order of employees of the respondent who had the proper authority to order said goods and that the charges therefor, were fair, reasonable and customary, and that the appropriation had lapsed without any fault or neglect on the part of the claimant, an award will be made for the amount or value of said goods. (Rock Island Sand and Gravel Company vs. State of Illinois, 8 C. C. R. 165.) An award is therefore entered in favor of the claimant for the use of the Missouri Gravel Company, its subsidiary, in the sum of $45.20.


source: Caselaw Access Project

author: Eckert, J.

license: Public Domain

text:
    (No. 3902
    Harvey Netherton, Claimant, vs. State of Illinois, Respondent.

      Opinion filed March 19, 1946.

    Verle W. Safford, for claimant.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Eckert, J.

On August 7, 1944 claimant, Harvey Netherton, an employee of the Department of Public Welfare, while cutting meats at the Peoria State Hospital, cut'his left index finger at the knuckle. Infection followed, and claimant alleges that as a result of the injury his left index finger, and his left second finger are stiff, and that he is permanently handicapped in the performance of his duties.

Medical treatment immediately following the injury was given claimant at the Peoria State Hospital. Subsequently, and without authority from the respondent, claimant secured the medical services of Dr. E. E. Nystrom, and was hospitalized at the Methodist Hospital at Peoria. The charges for these services totaled $56.89. No claim is made for temporary total disability.

At the time of the injury, the employer and employee were operating under the provisions of the Workmen’s Compensation 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 decendent’s employment. At the time of the injury claimant had one child under sixteen years of age.

Dr. Robert M. Sutton, testifying on behalf of claimant, stated that claimant’s left index finger was the only finger injured; that there is a marked loss of subcutaneous tissue over three-fourths distance of the finger; that there is a sold bony ankylosis of the proximal phalangeal joint; that there is a loss of motion at the terminal phalangeal joint which is 75 to 80 per cent loss at this joint; that there is a loss of motion in the proximal phalangeal joint of 100 per cent; that there is a loss of motion at the metacarpal phalangeal joint of 50 per cent; that there is a definite circulatory disturbance of the finger evidenced by some redness. Dr. Sutton also stated that the finger shows a 90 per cent permanent disability.

It is clear that claimant has sustained the permanent loss of the use of the index finger of his left hand to the .degree suggested by Dr. Sutton. Claimant’s annual earnings during the year next preceding the injury were $2,280.00, making an average weekly wage of $43.85. Claimant’s compensation rate is, therefore, the maximum of $15.00 per week. The injury having occurred on August 7, 1944, this must be increased 17%%, or a compensation rate of $17.63. For 90 per cent permanent loss of use of his index finger, claimant is entitled to $17.63 for thirty-six weeks, or the total sum of $634.68, all of which has accrued. Claimant, however, having elected to secure his own medical and hospital services, no further award can be made.

Award is therefore entered in the favor of the claimant in the total sum of $634.68, payable to him forthwith.

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.”


text:
    (No. 3907
    Lillian N. Dowling, Claimant, vs. State of Illinois, Respondent.

      Opinion filed March 19, 1946.

    Claimant, pro se.
    George F. Barrett, Attorney General; William L. Morgan, Assistant Attorney General, for respondent.
   Eckert, J.

On August 18, 1944, claimant, an employee of the Department of Labor, while in the discharge of her duties as such employee, slipped and fell, sustaining a concussion, and a sprained right ankle and left knee. By direction of her superior, she was placed under the care of her family physician, Dr. Charles H. Connor, until she was able to return to work, a period of approximately six weeks.

Claimant had no children under sixteen years of age dependent upon her for support. She was employed by the respondent at a salary of $125.00 per month. At the time of the accident, the claimant and respondent were operating under the provisions of the Workmen’s Compensation Act of this State, and notice of the accident and claim for compensation were made within the time provided by the Act. The acjcident arose out of and in the course of the employment.

No claim is made for temporary disabilty, but claim is made for medical and hospital services in the total amount of $41.10. Claim is also made for twenty weeks ’ loss of use of claimant’s left knee and right ankle, and for general disability, due to the alleged head injury.

The claimant, testifying on her own behalf, stated that her physical condition since the accident is “not very good,” and that her health was “jeopardized through this fall.” She said she has pains in her stomach, in the ankle, and in the knee, and' that she has a continuous pain in her head. She testified that she had lost time from work since the accident, because of an attack of lobar pneumonia. There is nothing in the record, however, to indicate any connection between the pneumonia and the injury.

Alexander W. Reid, called as a witness on behalf of the claimant, stated that he was head of the Executive Department of the Illinois Industrial Commission; that he authorized the employment of the claimant’s family physician to care for her following the injury. He also testified that since the injury claimant appeared to have lost considerable weight and to be in a more nervous condition than she was prior to the injury.

Claimant returned to her same employment six weeks after the accident, and is now receiving a salary larger than she received prior to the injury. There is not a scintilla of evidence indicating that the claimant, as a result of the accident, is partially incapacitated from pursuing her usual and customary line of employment; there is not a scintilla of evidence in the record to indicate any specific loss of use of either her ankle or her knee. Defendant has wholly failed to prove any disability resulting from the injury which might be compensated under the provisions of the Workman’s Compensation Act of this State.

Claimant, however, is entitled to be reimbursed for the medical and hospital services which she paid, in the total amount of $11.10, and is entitled-to the additional sum of $30.00 for the use of Dr. Charles H. Connor for medical services, and to the sum of $16.50 for the use of A. M. Rothbart, Court Reporting Service, for services in taking and transcribing the testimony in the case.

Award is therefore made in favor of the claimant in the total amount of $57.60 to be paid as follows: $30.00 for the use of Dr. Charles H. Connor; $11.10 to claimant for medical and hospital services; and $16.50 for the use of A. M. Rothbart Court Reporting Service.

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,” and is payable, upon approval, from the appropriation from the General Revenue Fund in the manner provided in such act.


author: Damron, J.

text:
    (No. 3917
    Arza Martin Horton, Claimant, vs. State of Illinois, Respondent.

      Opinion filed March 19, 1946.

    J. Edward Radley, for claimant.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Damron, J.

This is a claim for injuries sustained by claimant on June 16,1944 while employed by the respondent in its Division of Highways.

The record discloses that on the last mentioned date, claimant was tracking sand for the respondent, from a railroad car to a stock pile at the storage yard of re-" spondent near Peoria, Illinois. Claimant was standing on the running board of a State truck with the cab door open, steering the truck backward. While he was thus backing the truck into a position to unload his cargo of sand, the truck sideswiped a snowplow that was stored in the storage yard. The collision forced the cab door partly closed, crushing claimant between the door and the cab body, sustaining contusion of his chest, and fractured his right hand.

From the report of the Division of Highways, filed in this case, and the statements, briefs, and arguments on behalf of the respondent and claimant, we find that the only question to be determined herein is the nature and extent of claimant’s injuries.

The report of the Division of Highways discloses that claimant was immediately sent to St. Francis Hospital, Peoria, Illinois, where Dr. E. C. Burhans was given charge of the case. Claimant was hospitalized there and a cast was applied to his hand. On June 21, 1944, Dr. Burhans sent the following report to the Division of Highways:

“Patient’s story of accident — Was backing a truck when it struck a snowplow, which caused the door of the truck to slam on right arm and hand. Nature of injury — Contusion of chest, fractured 4th and 5th metacarpal bones of right hand. Treatment — Reduction of fractures, application of cast. Estimated date of discharge — -About 6 weeks. Estimated date patient able to work — About 6 weeks for full time. Partial duties, supervising, June 24. Permanent disability — Undetermined."

Mr. Horton returned to work on June 24, 1944. The fractures did not heal and he was admitted to the John C. Proctor Hospital on July 21, 1944. At that time, Dr. Burhans operated on the hand, fastening the metacarpal bone ends together with steel wire. Following the operation, the claimant again returned to work on July 31, 1944.

Di. Burhans, on May 26, 1945, sent the following report to the Division of Highways:

“Nature of Injury — Contusion chest — fracture 4th and 5th metacorpal bones of right hand. Crushing injuries. Treatment — 5th metacarpal didn’t heal with first application of cast. Second time open reductions were done, and fixation of 5th metacarpal with steel wire. Cast applied. X-ray showed 5th metacarpal was not healed. July 21, 1944, second cast applied. Permanent disability — 50% loss of flexion of 1st, 2nd, 3rd, and 4th fingers, right hand; 25% loss of extension of 3rd and 4th fingers. This is permanent. He will have about 50% loss of use of the entire hand. I believe this to be permanent."

Claimant was paid compensation for the periods, June 17 to 23, and July 21 to 30, 1944, inclusive, at the rate of $150.00 per month, totaling the sum of $83.39. In addition thereto, the respondent has paid the following creditors in connection with the claimant’s injuries: Dr. Burhans, $124.00; St. Francis Hospital, $40.75; and John C. Proctor Hospital, $70.00.

The record further discloses that the claimant had been employed by the Division of Highways for more than one year prior to the accident and had earned $1792.50; that, at the time of the injury, he was 53 years of age, married, but had no children undér 16 years of age dependent upon him for support.

From the medical reports filed herein, we conclude that claimant has suffered a 50% permanent loss of use of his right hand.

After full consideration of the record, the Court finds that claimant and respondent were, on the 16th day of June 1944, operating under the provision of the Workmen’s Compensation Act; that on the date last above mentioned, claimant sustained accidental injuries which did arise out of and in the course of the employment; that notice of said accident was given said respondent and claim for compensation on account thereof was made on said respondent within the time required under Section 24 of the Act. That the earnings of the claimant for the year next preceding the injury were $1792.50 and the average weekly wage was $34.47; that the claimant at the time of injury had no children under the age of 16 years; that all medical, hospital, and other expenses incurred by reason of said injury have been paid by the respondent.

We further find that claimant was entitled to receive temporary total compensation for a period of ten days at the rate of $17.63 per week, or a total sum of $25.19. However, the record discloses that claimant was paid by the respondent the sum of $83.39 for unproductive time, which is an overpayment of temporary total compensation of $58.20.

As claimant has suffered a 50% loss of use of his right hand, he is entitled to receive under Section 8, Paragraph (e), Sub-Paragraph (12) and also Sub-Paragraph (17) of the Workmen’s Compensation Act, 50% of his average weekly wage for a period of 85 weeks. Claimant’s compensation rate, as based on his annual earnings, is $17.63 per week, inasmuch as he has no children under 16 years of age dependent upon him for support. Eighty-five times $17.63 is the sum of $1498.55, from which must be deducted the sum of $58.20, heretofore paid to claimant for unproductive time, leaving a balance due claimant of $1440.35.

An award is therefore entered in favor of claimant in the sum of fourteen hundred forty dollars and thirty-five cents ($1440.35), all of which has accrued and is payable in a lump sum.

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.”


text:
    (No. 3928
    Charles Tomsovic, Claimant, vs. State of Illinois, Respondent.

      Opinion filed March 19, 1946.

    Leonard W. Stearns, for claimant.
    George F. Barrett, Attorney General; William L. Morgan, Assistant Attorney General, for respondent.
   Eckert, J.

On June 6, 1945, the claimant, Charles Tomsovie, employed by the respondent as an attendant at the Illinois State Hospital, at Dixon, Hlinois, sustained an injury to the second finger of his right hand when he tried to restrain one of the patients from breaking a window in the hospital.

At the time of the injury claimant had no children under sixteen years of age dependent upon him for support and was employed at a monthly salary of $115.00. Claimant and respondent were operating under the provisions of the Workman’s Compensation 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.

From the report of the Department of Public Welfare, which forms a part of the record in the case, it appears that claimant’s injury resulted in a fracture of his finger, and that an X-ray shows a tiny splinter of bone on top of the distal inter-phalangeal joint. It also appears from this report that claimant lost no time from his work.

Claimant, testifying on his own behalf, stated that the splint placed on his finger following the accident, under the supervision of Dr. Rosenberg, at the Illinois State Hospital at Dixon, remained there for four or five weeks. After the splint was removed, the finger was deformed, bending inward, and claimant was unable to extend it fully. He testified that he has no strength in the finger; that it still pains him; and that he is unable to use it in any manual work.

No claim is made for medical or surgical services, or for temporary disability. Claimant, however, seeks compensation for loss of use of his right second finger.

From the evidence, and from personal examination of the claimant by the court, it appears that the claimant has sustained a 75% permanent partial loss of the use of the second finger of his right hand. For the loss of a second finger, or the permanent and complete loss of its use, claimant would be entitled to 50% of his average weekly wage for thirty-five weeks. Since he has suffered a 75% loss of the use, he is. entitled to an award of 50% of his average weekly wage for 26% weeks. His annual earnings were $1380.00, his average weekly wage was $26.53, one-half of which is $13.26. The injury having occurred after July 1, 1943, this must be increased 17%%. Claimant’s compensation rate is thus $13.53 per week.

Claimant is therefore entitled to an award of $15.58 per week for a period of 26% weeks, in the total sum of $408.97, which has accrued and 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 compensation awards to State employees,” and is payable upon approval, from the appropriation from the General Revenue Fund in the manner provided in such act.


text:
    (No. 3935
    The Texas Company, a Delaware Corporation, Claimant, vs. State of Illinois, Respondent.

      Opinion filed March 19, 1946.

    Harold K. Norton and Edward R. Cullen, for claimant.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Damron, J.

The above named claimant filed this ¡complaint on October 31, 1945, seeking an award for petroleum products furnished by it to various departments of the respondent.

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

The complaint alleges that on June 29, 1944 the Division of Purchases and Supplies of the Department of Finance, State of Illinois, through Walter It. Young-berg, State Purchasing Agent, issued to the claimant an invitation for bids for the supplying of gasoline, kerosene, liquid fuels, oils, and lubricants; that claimant on July 10, 1944, responsive to said invitation for bids, filed quotations for the supplying of said products with respondent; and that on August 8, 1944, Purchase Order Number D 124340, issued from said Department of Finance, Division of Purchases and Supplies for the State of Illinois, for shipment to the Division of Highways during the period beginning with the date of said order and ending June 30, 1945, for gasoline, motor oils, transmission and gear lubricants, and grease lubricants, at quoted prices and in amounts to be from time to time specified. A copy of said purchase order was attached to and made a part of the complaint.

That the Division of Highways during the period of August 8, 1944 to June 30,1945, ordered from the claimant under said Purchase Order Number D 124340 various quantities and amounts of gasoline, motor oils, transmission and gear lubricants, and grease lubricants, at various times and places, and claimant delivered said quantities and amounts of petroleum products at said times and places to duly authorized representatives of said Division of Highways.

That the agreed priice for the products ordered and delivered as aforesaid was $189.39; that claimant has not received payment for said deliveries, either in whole or in part, and that claimant has not presented said claim to any State department or officer thereof, or to any person, corporation, or tribunal for the reason that the items comprising the said claim were brought to claimant’s attention subsequent to September 30, 1945, the last day on which payment of claims could have been made under the appropriation established for said purposes.

That there remains due and owing to claimant from the Division of Highways of the State of Illinois, the sum of $189.39, and that no third person or corporation has any interest in said claim.

The report of the Division of Highways acknowledges receipt of sixty-nine (69) separate purchases of gasoline, oil, kerosene, grease and small parts from the claimant, divided as follows: Public Works and Buildings, 43; Public Safety, 20; Registration and Education, 3; Conservation, 2; and Public Health, 1. It further recites that each of the several departments affected have confirmed that the purchases assigned to them had been made; that the purchases conform in all respects to the conditions and requirements set out in the aforesaid purchase order contract entered into between the State and claimant; that the volumes of materials were received and used by the individual person shown and in equipment owned and controlled by the department in which he is employed, and that the prices shown are in accord with the contract agreement. It further shows that appropriations were in effect and funds available in them to pay claimant’s accounts and had they been scheduled in proper time and had the invoices been brought to claimant’s attention before September 30, 1945, they could have been vouchered and paid by the State in the regular course of business. Not having been presented- in time, the appropriation lapsed.

We have repeatedly held where claimant has rendered services to the State on the order of one authorized to -contract for it, and submits a bill therefor within a reasonable time and due to no fault or negli.gence on the part of claimant, same is not approved and vouchered for payment, before the lapse of the appropriation from which it is payable, an award for the reasonable value of same may be made, where at the time the services were rendered there were sufficient funds remaining therein to pay same. Rock Island Sand & Gravel Company vs. State, 8 C. C. R. 165; Oak Park Hospital Inc. vs. State, 11 C. C. R. 219, and cases cited thereunder.

This case comes within the rule above set forth. An -award is therefore entered in favor of the claimant for the sum of' One Hundred Eighty-nine Dollars and Thirty-nine Cents ($189.39).


text:
    (No. 3948
    Illinois Bell Telephone Company, Claimant, vs. State of Illinois, Respondent.

      Opinion filed March 19, 1946.

    Ben B. Boynton, for claimant.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Eckert, J.

During the months of April, May and June, 1945, claimant, Illinois Bell Telephone Company, furnished telephone service at its Blue Island Exchange to the Department of Public Works and Buildings, Division of Highways, of the State of Illinois, pursuant to contract. Claimant’s charge for these services was $100.20 which has not been paid.

The regular monthly statements for these services were promptly mailed by (claimant to the respondent, but were misplaced in the office of the Division of Highways, so that the Division of Highways failed to submit statements to its general office until after September 30, 1945. The claim being for services furnished prior to July 1, 1945, during the 63rd biennium, it could not be paid after September 30,1945. Sufficient funds remained in the appropriation for payment.

Where a claimant has performed services for the respondent in accordance with a duly authorized contract, has submitted its statement of costs and charges to the respondent within reasonable time, and has not received payment, and where such non-payment is due to no fault on the part of the claimant, there remaining a sufficient unexpended balance in the appropriations from which payment could have been made, the claimant is entitled to an award. (Rock Island Sand and Gravel Company vs. State of Illinois, 8 C. C. R. 165; Elgin, Joliet and Eastern Railway Company vs. State of Illinois, 10 C. C. R. 243; City of Kankakee vs. State of Illinois, 12 C. C. R. 393.)

An award is therefore entered in favor of the claimant in the sum of $100.20.


author: Fisher, C. J.

text:
    (No. 3708
    Ross Bartholomew, Claimant, vs. State of Illinois, Respondent.

      Opinion filed May 14, 1946.

    Louis F. Knoblock, for claimant.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Fisher, C. J.

This claim was filed April 21, 1942. Testimony on behalf of the claimant was taken in October 1942 and was filed on January 7, 1946 after a second rule was entered on November 13, 1945 to show cause why the case should not be dismissed for want of prosecution.

The Record consists of the Complaint, Transcript of the testimony on behalf of claimant, Departmental Report, and Statement, Brief and Argument for Claimant and Respondent by respective counsel.

On October 26, 1941 claimant, Ross Bartholomew, was employed as an attendant at the Peoria State Hospital at Bartonville, Illinois. On the evening of that day, while supervising a detail of patients handling coal at the power plant of the hospital, claimant attempted to restrain a patient who tried to leave the group, and in the altercation that ensued he slipped on some loose coal, thereby sustaining an injury to his right leg and knee.

The incident and injury were immediately reported to a member of the hospital staff. Claimant was hospitalized the next day and remained in the hospital until December 11, 1941.

Claimant was employed at a salary of $63.00 per month plus maintenance valued at $24.00 per month, or a total of $1,044.00 per annum. His average weekly wage was $20.07, and his compensation rate (one-half the average weekly wage increased by 10%) would be $11.03 per week. He was paid one month’s salary during his disability and furnished maintenance for six months and five days, from October 26, 1941 to April 30, 1942. This represents the total sum of $211.00.

Respondent and iclaimant were operating under the provisions of the Workmen’s Compensation Act, and the accident arose out of and in the course of the employment. JSTo jurisdictional questions are involved.

The only question presented for determination is, whether claimant is entitled to any award for the permanent partial loss of use of his right leg, and if so, to what extent. The record in this respect consists only of the testimony of the claimant, Dr. William J. Roche in his behalf, and the departmental report.

The Departmental Report was filed on July 29, 1942 and is signed by Dr. J. H. Ellingsworth, Managing Officer of the hospital. The report discloses that the accident was sustained by claimant as above described. Paragraphs 5 and 6 of the report concerning claimant’s injuries state: “The injury * * * was classified as mild in type. X-ray of the right knee revealed an old arthritic deformans. * * * The injury would not have disabled a sound man more than a few days. * * * He is disabled because of the old arthritis. * * * This physical disability with the fact of his age, sixty-seven (67) years, renders him incapable of the work of an attendant at the Peoria State Hospital in the supervision and care of patients, some of whom are young and active.”

Other than this report, no evidence was presented on behalf of respondent.

The claimant, testifying in his own behalf, stated he was 67 years of age, married and had no children under sixteen years of age. For many years previous to the accident on October 26, 1941 he had no difficulty with his leg from arthritis, or from any other cause. On the evening of the accident he was given a sedative which furnished him little relief from the pain. His leg swelled and turned black and blue. His knee enlarged to twice its normal size. His knee is still weak, he tires easily, and it is difficult for him to get up and down. He cannot walk as he did prior to the accident and requires a cane for support. He icannot raise himself without support. He returned to regular employment in July 1942 when he secured work in an orchard. Prior to that he did some gardening a couple of hours from time to time. The evidence indicates that he was temporarily disabled from the date of the accident until May 1, 1942.

On cross examination claimant admitted that he had an accident in April 1935 which tore a muscle in his left knee which confined him to the hospital for seven weeks and required an operation. He also sustained an injury to his right leg in 1897 while playing baseball and although painful for three or four days the ¡condition cleared and caused no further discomfort. In January 1941 his right shoulder was injured during an altercation with a patient when he was thrown to the cement floor.

Dr. Roche testified that he examined claimant on April 1, 1942 and found the quadriceps femoris tendon of the right leg detached from the knee cap; extensor motion was accomplished only by the vastus externus tendons and internus tendons. In his opinion, this condition of the leg was the result of trauma and will be permanent and will impair the stability of the knee and extension of the knee joint. He testified to a loss of two-thirds of motion because of a lack of muscular power required to stabilize the knee in walking or standing. In answer to a hypothetical question incorporating the facts relating to the previous injuries, as well as the circumstances relating to the present claim, he expressed the opinion that there was a causal connection between the accident and the present condition in the right knee. No objection was taken to any of this testimony.

On cross-examination Dr. Roche expressed the opinion that the arthritic deformans condition would not “play any part in the picture.”

On this state of the record respondent contends that under Rule 16 the Departmental Report constituted prima facie evidence of the facts stated therein and clearly shows that claimant has no disability resulting from the accidental injury, and that his disability, if any, was caused by arthritis.

Respondent further argues that the testimony of Dr. Roche was partially based upon the history of the case as given to him by the claimant and was not based wholly upon objective findings, and therefore is incompetent and cannot avail claimant in sustaining the burden of proof which rests upon him to establish his claim by a preponderance of the evidence.

Claimant, in opposition to these contentions, asserts that the Departmental Report cannot be regarded as prima facie evidence as provided in Rule 16 because it was not prepared until after the complaint herein was filed, and hence, is not a report made or maintained by the state in the regular course of business. Claimant insists that construction of Rule 16 to the contrary would violate the spirit and purpose of the statute creating the Court of Claims.

Claimant further contends that Dr. Roche’s testimony is not incompetent as contended by respondent.

Claimant’s argument as to the admissibility and competency of the Departmental, Report is dispelled by the clear provisions of Rule 16. Rule 16 provides that “all records and files maintained in the regular course of business by any state department, commission, board, or agency of the respondent and all departmental reports made by any officer thereof relating to am/y matter or case pending before the Court shall be prima facie evidence of the facts set forth therein, * *

The objection to the report on the ground that it was filed after the complaint was filed herein, or for the purpose of defending a claim is without merit in view of that part of the rule which we have emphasized by italics. The construction urged by the claimant of Rule 16 is one that would preclude the parties from availing themselves of prima facie evidence which is frequently of material aid to this Court in hearing and properly determining claims filed with it.

On the other hand, such reports are only prima facie evidence of the facts contained therein, and it is the province of this court to distinguish between facts and mere conclusions, and also to determine whether such prima facie evidence' has or has not been overcome by other evidence. To hold otherwise, where there is other competent evidence to the contrary, would, in effect, confer the power and jurisdiction of this Court on the author of the report.

The contention of respondent that claimant’s disability was caused by arthritis and his age, rather than an accidental injury, finds its only support in the Departmental Report. This report, among other things, states that “this physical disability with the fact of his age, 67 years, renders him incapable of the work at the Peoria State Hospital in the supervision and care of patients, some of whom are young and active.” The rather obvious comment in reply to this statement is that the claimant was regularly employed as an attendant at the hospital prior to the date he received his injury. It is not contradicted that previous thereto he had never experienced any physical disability which interfered with the satisfactory discharge of his duties.

In Muir v. State, 14 C. C. R. 191, at page 196, we quoted the principle which is applicable to this aspect of the ease from Marsh v. Ind. Com., 386 Ill. 11, where it said:

“It is well settled that the Workmen’s Compensation Act is not limited in its application to healthy employees. Where one sustains an accidental injury which aggravates a diseased condition or where, in the performance of his duties and as a result thereof, he is suddenly disabled, an accidental injury is sustained even though the result would not have obtained had the employee been in normal health.”

In Powers Storage Co. v. Ind. Com., 340 Ill. 498, at 504, the Court stated:

“His employer accepted him as an employee in the physical condition in which he was and is liable for any accidental injury occurring to him arising out of and in the course of his employment. (Jones Foundry Co. v. Ind. Com., 303 Ill. 410.)

The contention of the respondent with respect to the competency of Dr. Boche’s testimony cannot be sustained.

We retcognize that Section 8 (i) of the Workmen’s Compensation Act provides that an award can only be made for such injuries as are proven by competent evidence, of which there "are, or have been objective conditions or symptoms proven not within the physical or mental control of the injured employee himself. Dr. Roche’s testimony, derived from his personal examination, was that there was an impaired function of the right leg, and claimant also testified as to his inability to use his leg in a practical or normal manner as he could prior to the accident, which is not contradicted by any evidence in the case other than the report. This testimony, when considered in connection with all the evidence, in our opinion, meets the essential statutory and legal evidentiary requirements sufficient to overcome the prima facie evidence of the Departmental Report. Heed v. Ind. Com., 287 Ill. 505, 508.

From a careful consideration of all the evidence, it would appear to the Court that a reasonable conclusion would be that claimant has sustained a permanent and partial loss of use of his right leg to the extent of thirty-three and one-third (33 1/3) per cent. For this permanent partial loss claimant is entitled to $698.57, computed at the rate of $11.03 for 63 1/3 weeks.

Claimant, as shown by the record, suffered a temporary disability for a period of six months and five days, from October 26, 1941 to May 1, 1942. At his rate of compensation of $11.03 he was entitled to $294.66. He received salary and maintenance representing the sum of $211.00 during this period, and we find that he is entitled to an award for temporary disability for the differential of $83.66.

An. award is therefore entered in favor of claimant, Boss Bartholomew, in the sum of Seven Hundred Eighty-two and 23/100 Dollars ($722.23), all of which is accrued and 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 compensation awards to State employees.”


text:
    (No. 3839
    Gene Yorton, Claimant, vs. State of Illinois, Respondent.

      Opinion filed May 14, 1946.

    Louis F. Knoblock, for claimant.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Fisher, C. J.

Claimant was in the employ of respondent in the Department of Public Welfare, Division, Peoria State Hospital, on the 29th day of March, 1943 as a machinist. .

In the operation of power driven machinery on said date claimant suffered an injury to his left hand, and seeks an award under the provisions of the Workmen’s Compensation Act for the entire loss of use of the hand.

The record of the case consists of the Complaint filed March 25, 1944, Departmental Report filed April 17, 1944, Order to Show Cause why claim should not be dismissed for want of prosecution entered January 8, 1946, Motion of Claimant for Extension of Same filed January 8, 1946, Affidavit in Response to Order to Show Cause filed January 8,1946, Transcript of Evidence filed March 28, 1946, Waiver of Brief of Claimant filed April 26, 1946 and Waiver of Brief of Respondent filed April 30, 1946.

The evidence discloses that claimant, as a result of the said injury, suffered the entire loss of use of the third finger of his left hand, but the evidence does not show any other injury to, or the loss of, use of the hand.

No jurisdictional questions are involved, and the claim was filed in apt time. Claimant was injured in the course and within the scope of his employment, and is entitled to the benefits of the Workmen’s Compensation Act for the injury sustained.

Claimant was employed at a wage rate of $1.27% per hour. His compensation rate is $16.50 per week. For the loss of a third finger claimant is entitled to receive $16.50 per week for a period of twenty-five (25) weeks. The Workmen’s Compensation Act, (section 8 — E 4 and L).

An award is therefore entered in favor of claimant, Gene Torton, in the sum of Four Hundred Twelve and 50/100 Dollars ($412.50), all of which is accrued and payable forthwith.

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.”


text:
    (No. 3840
    Selma Johnson, Claimant, vs. State of Illinois, Respondent.

      Opinion filed May 14, 1946.

    George D. Carbery, for claimant.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Damron, J.

This is a claim for damages to an automobile, filed by the above named claimant as owner of said car, under the provisions of “An Act concerning damages caused by escaped inmates of charitable institutions over which the State has control.” (Chapter 23, Section 372a, Illinois Revised Statute 1943).

It is stipulated, by and between claimant and respondent through their respective attorneys, that the report of the Department of Public Welfare, bearing the date of May 4, 1944, and a subsequent report and recommendation of the Department of Public Welfare, dated November 23, 1945, shall constitute the record in this case.

These reports, taken together, show that on July 13, 1943, two boys escaped from the St. Charles Industrial School for Boys, made their way to Geneva, Kane County, Illinois, and there stole the 1934 Pontiac automobile belonging to the claimant, drove the car to the City of Chicago and there became involved in an accident causing considerable damage to claimant’s automobile.

The reports further divulge that these boys were apprehended by State authorities and confessed to the theft of this automobile and acknowledged that they had been involved in the accident in Chicago as aforesaid.

The record further shows that this automobile, at the time of the taking by escapees as aforesaid, was in good running order. Attached to the complaint and also incorporated in the report of the Department of Public Welfare, is an estimate of the Tri-City Garage of Geneva, Illinois, showing the fair and reasonable costs of parts and the labor required to place said car in good running order, amounting to the sum of $273.05.

This record, as submitted to this Court, substantially complies with the provisions of the statute and we find, therefore, that claimant is entitled to be reimbursed for the damages to her automobile. Carls vs. State, 3904, rendered November 1945 term.

An award is therefore entered in favor of Selma Johnson, the claimant, in the sum of Two Hundred Seventy-three Dollars and Five Cents ($273.05).


text:
      (No. 3858
    Martha Holtzman, Claimant, vs. State of Illinois, Respondent.

      Opinion filed May 14, 1946.

    Claimant, pro se.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Eckert, J.

On April 5,1944, the claimant, Martha Holtzman, an employee of the respondent, in the Department of Public Welfare, at the Illinois Industrial Home for the Blind, in Chicago, while removing laundry from a top rack of shelves in the institution, fell from a stool onto the cement floor and injured her head and back. Immediately following the accident, she was removed to St. Mary of Nazareth Hospital, where she was hospitalized until April 17,1944. She returned to work a week later.

At the time of the accident, claimant and respondent were operating under the provisions of the Workmen’s Compensation 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.

Claimant incurred a hospital bill at St. Mary of Nazareth Hospital in the amount of $120.05, incurred a charge of $15.00 for ambulance services furnished by the Cassidy Ambulance Service, and incurred a charge of $42.00 for medical services rendered by Dr. Henry J. Niemeyer. All of these charges remain unpaid, and were incurred by the claimant under the direction of the Chief Clerk at the institution. No claim is made, for temporary or permanent incapacity, but claim is made for payment of the expenses incurred for hospital, ambulance, and medical services.

A. M. Eothbart & Associates were employed to take and transcribe the evidence at a hearing before Commissioner East, on April 24,1946. Charges in the amount of $13.80 were incurred for these services, which charges are fair, reasonable, and customary.

Claimant is entitled to an award in the total amount of $190.85, payable forthwith.

Award is accordingly entered as follows-:

For the use of St. Mary of Nazareth Hospital................. $120.05
For the use of Cassidy Ambulance Service.................... 15.00
For the use of Dr. Henry J. Niemeyer........................ 42.00
For the use of A. M. Eothbart & Associates................... 13.80

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.”


text:
    (No. 3911
    Thomas Kenning, Claimant, vs. State of Illinois, Respondent.

      Opinion filed May 14, 1946.

    C. Everett Smith, for claimant,
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Damron, J.

This is a claim for benefits under the Workmen’s Compensation Act.

On the 7th day of November 1944, this claimant, while in the performance of his duties as an attendant at the Lincoln State School and Colony, received an injury to his index finger of the left hand while attempting to subdue a patient.

That, as a result of said injury, the index finger of the left hand was fractured.

The evidence discloses that claimant was given immediate medical attention, the index finger was placed in a cast for six weeks thereafter. Therapy treatment was used and at the time of the taking of the testimony, on the 29th day of November 1945, according to the medical testimony, claimant had but 5 degrees- use in the mid-phalanx and about 10 degrees use in the phalanx metacarpal. The distal joint had about 2 degrees use. The physician, called on behalf of claimant, testified that due to this injury, claimant’s^left hand was smaller due to non-use.

After full consideration of this record, which consists of the complaint, departmental report and transcript of evidence, it appears that at the time of the injury in question, the claimant and respondent were operating under the provisions of the Workmen’s' Compensation Act and notice of the accident and claim for compensation were made within the time provided in Section 24 of said Act, and that the injury arose out of, and in the course of, claimant’s employment.

It also appears, from the record, that claimant is not entitled to an award on account of temporary total disability, he having lost no actual time due to his injury and his salary was paid to him without interruption.

It further appears from the record, that the annual wages of claimant for one year next preceding the date of the accident, were $1320.00; his average weekly wage, therefore, amounts to $25.38, his weekly compensation rate is $14.91.

It also appears from the record that this claimant has suffered a 90% permanent loss of use of the index finger of his left hand. Under the provisions of Section 8, Paragraphs (e) and (1) of the Workmen’s Compensation Act, as amended, claimant is entitled to 50% of his average weekly wage for a period of 36 weeks or the sum of $536.76. It further appears from the record that all medical and hospital services have been furnished by the respondent.

An award is therefore entered in favor of the claimant, Thomas Kenning, for the sum of Five Hundred Thirty-Six Dollars and Seventy-Six Cents ($536.76) all of which has accrued and 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 compensation awards to State employees. ’ ’


text:
    (No. 3921
    Dr. Lottie Lande, Claimant, vs. State of Illinois, Respondent.

      Opinion filed May 14, 1946.

    Claimant, pro se.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Damron, J.

The above named claimant on July 19,1945, filed her complaint pro se, seeking an award under the Occupational Diseases Act.

The matter comes up at this time on motion of the Attorney General to dismiss the complaint.

The complaint alleges that claimant was employed by respondent at the Dixon State Hospital and that on April 18, 1945, she contracted a disease known as jaundice and suffered therefrom from April 18 to April 20 inclusive. This disease recurred April 24 and she suffered therefrom to May 1; a second recurrence was on May 9. She was treated for this disease and returned to her employment on July 31,1945. She seeks an award for salary during the time of her disability from May 10 to July 31 inclusive and certain hospital bills.

It is the contention of the Attorney General that the respondent has never elected to come within the provisions of the Workmen’s Occupational Diseases Act and therefore the only liability of the respondent which can exist under any circumstances, is under Section 3 of said Act, and further that inasmuch as the complaint does not icharge negligence by the employer or charge that claimant is suffering from an occupational disease contracted during the course of her employment, her claim should be dismissed.

Jaundice is not an occupational disease, it is an ordinary disease of life to which the general public is exposed outside of the employment and is not compensable except where said disease follows as an incident of an occupational disease as defined in the Workmen’s Occupational Diseases Act. Ill. Rev. Stat. 1941, Chap. 48 par. 172.6.

To justify an award under Section 3 of the Act, claimant must not only show that she sustained an injury to her health by reason of an occupational disease or illness contracted and sustained in the course of her employment, but it must also be clearly shown that the said disease or illness was contracted as the result of the negligence of the State. Domke vs. State, 12 C. C. R. 451.

This complaint fails to state a case; therefore, the motion of the Attorney General must be allowed.

Complaint dismissed.


text:
    (No. 3931
    Chief McClain, Otherwise Known as B. T. McClain, Claimant, vs. State of Illinois, Respondent.

      Opinion filed May 14, 1946.

    Pfeifer, Fixmer & Gasaway, for claimant.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Eckert, J.

On April 23, 1945 the Claimant, Chief McClain, who is otherwise known as B. T. McClain, while in the performance of his duties as a watchman at the south door of the Capitol Building, in Springfield, to clear the entrance to the building, attempted to move a heavy box. His hand slipped and he fell against the stone wall of the building, sustaining an injury to his back.

At the direction of Edward J. Barrett, Secretary of State, by whom claimant was employed, he was treated for his injuries by Dr. H. H. Southwick, of Springfield, and an X-ray was taken, and an intravenous injection was given (claimant at'St. John’s Hospital, Springfield. Claimant paid Dr. Southwick for his services the sum of $25.00, and paid St. John’s Hospital for its services the sum of $10.50. Claim, in the total amount of $35.50, is made for reimbursement for payment of these two items.

At the time of the accident, the employer and employee were operating under the provisions of the Workmen’s Compensation 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 claiman’s employment.

Claiman is therefore entitled to an award of $35.50, reimbursement for medical and hospital services. The award 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 compensation awards to State employees.”


text:
    (No. 3937
    Anna Huizenga, Claimant, vs. State of Illinois, Respondent.

      Opinion filed May 14, 1946.

    Claimant, pro se.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Fisher, C. J.

On the 17th day of September, 1945, Peter D. Huizenga, deceased husband of claimant, was an employee of the State of Illinois, Department of Public Works and Buildings, Division of Highways. He was employed as a maintenance laborer, and his duties were to mow vegetation along the State Highways.

On September 17, 1945 the said Peter D. Huizenga was operating a power driven mower for the Division of Highways. He was required to operate the mower on all types of slopes found along highways. That afternoon, while operating the mower along a steep embankment on State Highway No. 80, about 2.5 miles southwesterly from Albany, in Bock Island County, the mower overturned, pinning Mr. Huizenga beneath the machine, crushing his chest and body and inflicting fatal injuries from which he died immediately or shortly thereafter.

The deceased left him surviving, and totally dependent upon his earnings for support, his widow, who is the claimant herein, and one child under the age of 16 years at the time of his death.

Claimant seeks an award under the provisions of the Workmen’s Compensation Act of Hlinois for the death of her husband.

The record of this case consists of the Statement of Claim, Beport of the Division of Highways, and Oral Waiver in open Court of Statement, Brief and Argument by respondent.

The claim is fully sustained by the Report of the Division of Highways. The deceased came to his death as a result of injuries he received while in the performance of duties for which he was employed, and claimant is entitled to the benefits she seeks.

Decedent’s rate of pay was $.75 per hour, and employees engaged in a similar capacity work less than 200 days per year. 8 hours ¡constitutes a normal working day.

Claimant is entitled to have and receive from respondent the sum of Five Thousand Three Hundred Forty Dollars ($5,340.00) (Section 7 (h), 3 and 7 (k).

An award is entered in favor of claimant, Anna Huizenga, in the sum of $5,340.00, payable as follows:

$ 516.12, which is accrued and payable forthwith;
$4,823.88, payable in weekly installments of $15.18 each, beginning May ' 20, 1946.

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.”


text:
    (No. 3940
    Joseph Wingel, Claimant, vs. State of Illinois, Respondent.

      Opinion filed May 14, 1946.

    Harold T. Berc, for claimant.
    George F. Barrett, Attorney General; William L. Morgan, Assistant Attorney General, for respondent.
   Damron, J.

This is a claim for benefits under the Workmen’s Compensation Act.

On the 27th day of May 1945, the above named claimant, while employed by the respondent, at the Elgin State Hospital, undertook to separate two insane patients who were then engaged in a violent fight. The claimant fell to the floor and sustained an injury to his left ankle.

He was immediately placed under the care of one of the physicians on the staff of said hospital. X-rays were taken, a cast was applied and remained on the injured limb for approximately six weeks. Claimant was unable to attend to his duties until the 13th day of August 1945 and at that time, and for some time thereafter, he used a walking stick.

The testimony offered on behalf of claimant, discloses that he was examined on January 30,1946 by Dr. Albert C. Fields for the purpose of testifying for claimant. He found, objectively, that claimant had limitation of dorsal flexion of 10 degrees, limitation of plantar flexion of about 15 degrees of the left ankle. There was considerable thickening of the malleal line, more pronounced on the external. On comparative measurements, the left ankle measured 8% inches and the right ankle measured 8% inches. Over the malleal line, that is the lower end of the tibia and fibula, the left ankle measured 10% inches and the right ankle measured 10% inches. The x-ray films taken disclosed evidence of an oblique fracture about 1 inch from the distal end of the fibula of the left ankle. It also showed that there was some deformity present which allowed the ankle to deviate toward the lateral side. It was about l/16th of an inch out of alignment at the sight of the fracture of the fibula. On the date last above mentioned, the claimant was still limping.

This physician testified that, based on his examination of the claimant and of his studies of the x-ray films of the fractured ankle, the claimant had lost 30% use of his left foot.

Upon consideration of all .the evidence, it would appear to this Court that a reasonable conclusion would be that claimant had been permanently injured to the extent of 30% loss of use of the left foot, and the Court so finds.

The Court further finds from the evidence, that the claimant, at the time of the injury, was 50 years of age and had no children under the age of 16 years dependent upon him for support. That all necessary medical, surgical, and hospital services were provided by the respondent.

From the record, the Court finds that the annual wages, of the claimant for more than one year prior to his injury, were $1500.00; his average weekly wage therefore amounted to the sum of $28.84; that under Section 8, Paragraph (e) and (1), his compensation rate would be $16.94. The Court further finds that this claimant was temporarily totally disabled from May 27 to August 14, 1945, or a period of 78 days for which he is entitled to temporary -compensation at the above rate, amounting to the sum of $188.76. The Court further finds that during this period, the respondent paid to claimant, the sum of $352.14 as salary, an 'overpayment of $163.38 for unproductive work which must be deducted from his award. The Court further finds that under the above section and paragraphs of the Workmen’s Compensation Act, as amended, claimant has suffered a 30% loss of use of his left foot which entitled him to receive an award in the sum of $686.07 from which must be deducted the overpayment above mentioned, leaving a balance now due claimant of $522.69. Claimant also asks an award in the sum of $75.00 which he claims to have expended for medical care and attendance. No proof has been made of these items and inasmuch as the record discloses that respondent furnished all necessary medical and hospital services required for claimant, this item must be denied.

The record discloses that A. M. Rothbart, Court Reporting Service, has filed a bill amounting to the sum of $38.25 for the taking and transcribing of the evidence. This charge is fair and reasonable and is hereby allowed to claimant for the use of A. M. Rothbart making a total of $560.94.

An award is therefore entered in favor of claimant, Joseph Wingel, in the sum of Five Hundred Sixty Dollars and Ninety-Four Cents ($560.94), all of which has accrued and is payable forthwith.


text:
    (No. 3945
    Archie Chapman Thompson, Claimant, vs. State of Illinois, Respondent.

      Opinion filed May 14, 1946.

    Barry Mumford and Evan L. Searcy, for claimant.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Damron, J.

This is a claim for benefits under the Workmen’s Compensation Act.

On October 9,1945, the claimant was one of a group of State employees, engaged in cleaning a mixer which had been used in mixing asphalt patching material. The mixer was about one-quarter mile east of Kinderhook on U. S. Route 34 in Pike County, and was partially filled with a solvent and was being operated in order to clean the residual asphalt from the mechanism. During this operation, claimant’s glove was caught by the revolving paddle inside the drum, causing his right hand to be drawn into the machine, crushing his right middle and ring fingers between the paddles and mixer drum.

The Division of Highways, claimant’s employer, was notified of the accident immediately after it occurred and ordered the claimant’s removal to Levering Hospital at Hannibal, Missouri. He was placed under the care of Dr. P. E. Sultzman. The following day, Dr. Sultzman operated on the crushed fingers, amputating the middle finger at the knuckle joint and the ring finger at the distal phalanx.

On November 19, 1945, claimant returned to work for the respondent.

The report of the Division of Highways, filed in this case, shows that claimant, at the time of the accident, was 45 years of age, married, and had three children under the age of 16 years, dependent upon him-for support. His annual wage for one year next preceding the injury was $1800.00 per year.

It further discloses that claimant, because of his injury, was unable to work from October 10, 1945 to November 18,1945. However, he was paid full salary for the period of October 10 to 31 inclusive, in the amount of $106.45, and temporary total disability at $21.60 per week for tim period of November 1 to 18 inclusive, amounting to $55.54.

The report further discloses that the respondent paid the following creditors in connection with the injury of claimant:

Dr. F. B. Sultzman.......................................... $100.00
Dr. F. H. Dechow............................................ 8.00
Levering Hospital, Hannibal, Missouri....................... 42.00
Total ................................................... $150.00

Upon consideration of this record, we make the following findings: that claimant and respondent were, on the 9th day of October 1945, operating under the Workmen’s Compensation Act; that on the date last mentioned, claimant sustained accidental Injuries which arose out of and in the course of his employment; that notice of said accident was given said respondent and claim for compensation on account thereof was made on respondent within the time required under Section 24 of the Act; that the earnings of the claimant for the year next preceding the injury were $1800.00, and that his average weekly wage was $34.61.

That (claimant was unable to resume his employment from the date of the injury to the 19th day of November 1945, being 5 weeks and 5 days, for which he was entitled to temporary total compensation at $21.60 per week' or a total of $123.43; that the respondent paid to the claimant full salary from the period of October 10 to October 31 inclusive in the sum of $106.45. Following this date, the respondent paid temporary total compensation to claimant at $21.60 per week for the period of November 1 to 18 inclusive, amounting to the sum of $55.54 making a total paid to claimant of $161.99 or an overpayment for unproductive work of $38.56, which must be deducted from any award made to claimant.

Under Section 8 of the Workmen’s Compensation Act, claimant is entitled to the sum of $21.60 for a period of 35 weeks, as provided in Paragraph (e), Sub Paragraph 3-7, of the Act as amended, for the reason claimant suffered the loss of more than one phalange of the second finger of his right hand which under said Act is considered as the loss of the entire finger, amounting to the sum of $756.00. Claimant is also entitled to have and receive from the respondent, the sum of $21.60 for a" period of 12% weeks, as provided in Paragraph (e), Sub Paragraph 6 of Section 8 of said Act, as amended, for the reason claimant suffered loss of first phalange of the third finger of his right hand, which under said Act is considered to be equal to the loss of one-half of such finger, amounting to the sum of $270.00, making a total of $1026.00. From this amount, the sum of $38.56 must be deducted, leaving a balance of $987.44.

An award is therefore entered in favor of claimant, Archie Chapman Thompson, in the sum of Nine Hundred Eighty-Seven Dollars and Forty-Four Cents ($987.44) payable as follows: Five Hundred Forty ($540.00) Dollars is accrued and payable forthwith, and the remainder, amounting to Four Hundred Forty-Seven Dollars and Forty-Four Cents ($447.44) is payable in weekly installments of Twenty-One Dollars and Sixty Cents ($21.60) for twenty (20) weeks beginning May 13,1946 and a final payment of Fifteen Dollars and Forty-Four Cents . ($15.44).

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. ’ ’


text:
    (No. 3950
    Mae Crater, Claimant, vs. State of Illinois, Respondent.

      Opinion filed May 15, 1946.

    Carl Behrman, for claimant.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Damron, J.

This claim was filed on February 16, 1946 for benefits under the Workmen’s Compensation Act.

The record consists of the icomplaint, Report of the Department of Public Safety and supplemental Report, stipulation that the above reports of said Division shall constitute the evidence; photostatic copy of marriage certificate of said Everett Edward Crater and Mae Cluney, the above named claimant, widow, statement of claimant, and waiver of brief of respondent.

The complaint alleges that Everett Edward Crater was employed as a guard in the Department of Public Safety at Stateville Prison; that on the 14th day of May, 1945 at about 1:00 A. M. he opened the gates of an elevator in said prison and in doing so fell through space to the bottom of the elevator shaft sustaining injuries from which he died on the same day. The complaint further shows that the above named (claimant and the deceased had no children dependent upon him for support under the age of sixteen years on the date of his death. The supplemental Report filed herein discloses that the deceased received a gross salary of $169.00 per month for a period of twelve months prior to May 14, 1945.

From á consideration of the record we make the following findings:

That on the 14th day of May, 1945 said deceased received injuries in the course of his employment for the respondent, said injuries causing his death, and that respondent had actual knowledge of the accident and the death of Everett Edward Crater as provided in Section 24 of the Workmen’s Compensation Act; that said deceased left no children at the time of his death who were dependent upon him for support, but that the claimant, Mae Crater, was his wife at the time of the accident, and that nothing has been paid to the widow, claimant, since the accident.

An award is therefore entered in favor of claimant, Mae Crater, in the sum of $4,700.00 as provided in Section 7a of the Workmen’s Compensation Act, as amended. The Court finds that there has now accrued and is payable forthwith the sum of Nine Hundred Sixteen Dollars and Seventy-Six Cents ($916.76), representing fifty-two weeks at a compensation rate of Seventeen Dollars and • Sixty-Three Cents ($17.63), leaving a balance due on said award the sum of Three Thousand, Seven Hundred, Eighty-Three Dollars and Twenty-Four Cents ($3,783.24) to be paid to claimant, Mae Crater at the rate of Seventeen Dollars and Sixty-Three Cents, ($17.63) per week with one final payment of Ten Dollars and Forty-Two Cents ($10.42).

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.”


text:
    Joseph Petrilli, Claimant, vs. Illinois Public Aid Commission, Respondent.

      Opinion filed September 11, 1945.

   Fisher, C. J.

A request for an advisory opinion has been submitted by the above respondent based upon the following statements of fact:

Statements of Fact

Mr. Joseph Petrilli of Rural Route No. 1, Springfield, Illinois, claims to have sustained a deep laceration of the left wrist on the 10th day of April, 1945 while working for the Illinois Public Aid Commission in Sangamon County, Springfield, Illinois.

As a result of this laceration, the large artery in the left wrist was severed causing profuse bleeding.

At the time of this accident, Mr. Petrilli was employed by the Illinois Public Aid Commission in the Division of Office Management as Janitor I. His duties consisted of messenger trips to the Civil Service Commission, Merit System Council and the various code departments and commissions, assisting in the folding of letters and processing of mail for the 102 downstate counties and delivering same to the post office several times during the course of the day, keeping necessary supplies on hand for the mailing unit, assisting storekeeper in unpacking supplies and putting stock on shelves, procuring storage boxes and binding Public Assistance vouchers for the Cook County Bureau of Public Welfare and the 102 downstate counties for permanent filing purposes, moving furniture, desk and other office equipment when necessary, keeping water bottles filled and mopping up spilled water from coolers in the three Springfield offices of the Commission which are located in Rooms 201 and 403 Armory Building and at 219 Bast, Monroe Street, keeping excess dirt and rubbage swept up as required, replacihg light bulbs,, cleaning and keeping all fans oiled and moving same when necessary, moving file boxes for the filing unit from one office to another as required, removing excess waste paper when necessary and assisting in the wrapping of packages for the mail unit and stores department for transmission to the various offices throughout the State.

Responsibility for administration of the Public Aid program in Illinois is divided between the overseer of the poor, who administers general relief and care for the medically indigent, and the Illinois Public Aid Commission, who administers the Social Security program through the County Departments of Public Assistance of the one hundred and one (101) downstate counties, and the Public Assistance Division of the Cook County Bureau of Public Welfare in Cook County. The County Departments operate in accordance with uniform policies and procedures as set up by the Commission.

The Illinois Public Aid. Commission has created many divisions and departments through which assistance is administered, one of these being the Division of Office Management. The work of this division includes the receiving, storing, shipping, loading, unloading, packaging, unpackaging of all furniture and equipment used by the Commission throughout the State; and also the cutting of paper used by the Commission in its work.

Mr. Petrilli was appointed Janitor I on the 5th day of May, 1942. He works approximately one hundred and sixty-six (166) hours per month and for his services receives a salary of One Hundred Thirty Dollars ($130.00) per month.

On the 10th day of April, 1945 at about 10:00 a.m., Mr. Petrilli was replacing the empty water bottle in the water cooler with a full bottle. While doing so he slipped causing the bottle to break. Part of the broken glass cut his left wrist, severing one of the large arteries. (See copy of statement of Mr. Petrilli attached and identified as Exhibit I.)

Following the accident Mr. Petrilli was taken to St. John’s Hospital, Springfield, Illinois, by his Superior, Mr. Garrett W. Keaster, where he remained for a period of six (6) days. (See copy of Mr. Keaster’s Statement attached, identified as Exhibit V.) Many services were rendered to Mr. Petrilli while in St. John’s Hospital including medicine, laboratory examination, anesthetic, intravenous and dressings.

While in the hospital and for sometime thereafter, Mr. Petrilli was attended by Dr. David H. McCarthy, 608% Bast Capitol Avenue, Springfield, Illinois. During this period of time Dr. McCarthy performed many services including blood transfusion, sutures, visits to the hospital and dressings.

It was necessary for Mr. Petrilli to spend Nine Dollars and Seventy-five Cents ($9.75) for taxi fare between the doctor’s office and the hospital and his home. (A copy of the statement of Mr. Petrilli’s expenditures is attached and identified as Exhibit II.)

As a result of this accident it was necessary for Mr. Petrilli to be absent from his duties with the Illinois Public Aid Commission from April 10,1945 until May 11, 1945, a period of thirty (30) days.

Hospital and medical bills (See Exhibits III and IV attached) were as follows;

To: St. John’s Hospital, Springfield, Illinois. .$44.85
Said sum includes:
Emergency Room Treatment..................................$ 6.00
Anesthetic .................................................... 1.00
Laboratory: Routine Lab. Examination........................ 5.00
Sugar ........................................... 2.00
Urinalysis (2) ................................... 1.00
Pharmacy .....................................................40
Intervenous................................................... 2.50
Dietetics ..................................................... 2.70
Medicinal Supplies.............................................50
Dressings .................................................... 2.75
Hospitalization: 6 days @ $3.50............................... 21.00
$44.85
To: Dr. David H. McCarthy, Springfield, Illinois.. ................$40.00
Said sum includes:
1945
April 10 — 1st Aid — Hospital. $10.00
April 11-12-13-14-15-16 — Hospital ............................... 12.00
April 18-20-23-26-30 — Office ..................................... 10.00
May 2-5-10-18 — Office .......................................... 8.00

Claimant has requested that payment be made by the Illinois Public Aid Commission to him, Joseph Petrilli, the sum of $9.75 as reimbursement for taxi fee paid by him; to the St. John’s Hospital, Springfield, Illinois the sum of $44.85 for services rendered by them; to Dr. David H. McCarthy $40.00 for services rendered by him. The said bills have been examined by the Illinois Public Aid Commission and have been found to be reasonable.

Claimant contends that on the date of his accident he and respondent were operating under the provisions of the Workmen’s Compensation Act of this State, and that on such date claimant sustained accidental injuries which arose out of and in the course of his employment by the Illinois Public Aid Commission, and that the Hlinois Public Aid Commission had notice of this accident and notice was made to his employer within six months after the accident, in accordance with the provisions of the said Workmen’s Compensaton Act.

Claimant does not ask temporary, total, or permanent total disability.

EXHIBIT 1.

Statement of Joseph Petrilli.

“My name is Joseph Petrilli. Am married and living with my wife and family at Rural Route 1, Box 251, Springfield, Illinois. Am fifty-three years of age. Am employed by the Illinois Public Aid Commission, 201 Armory Building, Springfield, Illinois, as a janitor and have been so employed since May 5, 1942.
On the 10th day of April, 1945, approximately 10:00 A. M., I was performing my duties in the office in Springfield, Illinois, Second Floor, Armory Building, when I noticed that one of the water coolers in the office was empty. I went to the place where we keep the water bottles to replace the empty ones and proceeded to carry it to the cooler. After taking off the empty bottle I proceeded to place the full bottle in its place. As I was doing so I stepped into some water that had spilled on the floor, causing me to slip and lose control of the bottle. The bottle fell to the floor causing it to break.
Soon thereafter I noticed a large cut in my left wrist caused by a piece of broken glass from the bottle. A large amount of blood was flowing from my wrist.
Mr. Keaster and others in the office succeeded in stopping the flow of blood and I was taken to St. John's Hospital, Springfield, Illinois, by Mr. Keaster. I remained in the hospital for a period of six days.
While in the hospital and up to and including the 18th day of May, 1945, I was treated by Dr. David H. McCarthy, Springfield, Illinois. Dr. McCarthy released me on the 18th day of May and said that I had recovered from my injury. I was told by Dr. McCarthy that one of the large arteries in my -left wrist was severed.
I returned to work on the 11th day of May, 1945.
I have read this statement and it is true and correct.
/s/ Joseph Petbilli.”

EXHIBIT II.

“Taxi Fares to and From Doctor’s Office:
April 16 — From hospital to home............................... $ .65
April 18 — To Doctor’s office and return (round trip)............ 1.30
April 20 — To Doctor’s office and return (round trip)............ 1.30
April 26 — To Doctor’s offive and return (round trip)............ 1.30
.April 30 — To Doctor’s office and return (round trip)............ 1.30
May 2 — To Doctor’s office and return (round trip)............ 1.30
May 5 — To Doctor’s office and return (round trip)............ 1.30
May 10 — To Doctor’s office and return (round trip)............ 1.30
$9.75
/s/ Joseph Petrilli.”

EXHIBIT III.

St. John’s Hospital Springfield, Illinois April 18, 1945.
“Illinois Public Aid Commission Armory Bldg. Springfield, Ill.
Re: Joseph Petrilli R. R. #1 Springfield, Ill.
4/10/45 to 4/16/45
Emergency Room Treatment..................................$ 6.00
Anesthetic ................................................... 1.00
Laboratory: Routine Lab. Examination....................... 5.00
Sugar .......................................... 2.00
Urinalysis (2) ................................. 1.00
Pharmacy ................................................... 0.40
Intravenous ................................................. 2.50
Dietetics .................................................... 2.70
Medicinal Supplies............................................50
Dressings ................................................... 2.75
Hospitalization: 6 days @ $3.50.............................. 21.00
Total ....................................................$44.85
St. John’s Hospital, Credit! Dept.”

EXHIBIT IV.

“To David H. McCarthy, M. D., Dr.
Office 608% East Capitol Avenue Springfield, Illinois.
Office Hours: 2 to 5 and 7 to 8 P. M. — Sundays, 11 to 12 A. M.
State of Illinois — Dept, of Public Welfare.
Div. Public Aid Commission — Springfield, Illinois.
For Professional Services Rendered Joseph Petrilli:
1945
April 10 — First Aid — Hospital .................................$10.00
April 11-12-13-14-15-16 — Hospital ............................... 12.00
April 18-20-23-26-30 — Office ...........■........:................. 10.00
May 2-5-10-18 — Office .......................................... 8.00
$40.00
Received Payment.............................194____”

EXHIBIT V.

“Statement op Garrett W. Keaster.
My name is Garrett W. Keaster, and I reside at 246 Cobb Avenue, Decatur, Illinois. I am 43 years old, and employed by the Illinois Public Aid Commission, 201 Armory Building, Springfield, Illinois, as State Field Representative and have been so employed since November 15, 1941. As such I am Mr. Joe Petrilli’s immediate supervisor.
On the morning of April 10, 1945, at approximately 10:00 A. M., I noticed a commotion in the outer office and I left my desk to investigate what was causing the excitement. I noticed several people in and around Mr. Joseph Petrilli, and upon investigation I found that he had severed an artery in his left arm when in thel process of placing a full water bottle on top of one of our electric water coolers. With Mr. Petrilli were Harry Mann and Herschel White, two employees of the Commission, who were holding a tourniquet around Mr. Petrilli’s arm, and also with their hands assisting in the stopping of the flow of blood from! Mr. Petrilli’s wrist.
After discovering that Mr. Petrilli had a serious cut I told them my car was in front of the building and that we should immediately rush Mr. Petrilli to St. John’s Hospital, Springfield, Illinois.
The hospital was called and they were ready to receive Mr. Petrilli upon our arrival, and immediate attention was given to the stopping of the flow of blood from his wrist. After seeing that Mr. Petrilli was receiving" all the medical attention that was required I returned to my duties in the Armory Building.
I made several visits to the hospital to see Mr. Petrilli and to inquire regarding the progress he was making and to his health in general.
I have read this statement and it is true and correct to the best of my knowledge.
Garrett W. Keaster.
Witnessed by Juanita Drendel.”

From the above statements of fact it appears that on the date of the injury, claimant and respondent were operating under the provisions of the Workmen’s Compensation Act of this State; that on said date claimant sustained accidental injuries which arose out of and in the course of his employment; that notice of the accident was given to respondent, and claim for compensation on account thereof was made within the time required by law.

Section 8,. sub-section (a) of the Workmen’s Compensation Act provides:

“The employer shall provide the necessary first aid, medical and surgical services, and all necessary medical, surgical and hospital services thereafter; limited, however, to that which is reasonably required to cure or relieve from the effects of the injury * *

The record shows that the following bills were incurred and are unpaid:

St. John’s Hospital, Springfield, Illinois.........................$44.85
Dr. David H. McCarthy, Springfield, Illinois..................... 40.00

The record further shows that claimant expended the sum of $9.75 for transportation charges from his home to the hospital and the doctor’s office.

The record further discloses that said charges are reasonable.

From the statements of fact herein, we find that claimant is entitled to payment of said items under the provisions of the Workmen’s Compensation Act, and that the Illinois Public Aid Commission is properly justified in paying said claims in the sum of Ninety-Four Dollars and Sixty Cents ($94.60). Payment of this claim in the sum of Ninety-fou^r Dollars and, Sixty Cents ($94.60) is recommended, same to be made by the Illinois Public Aid Commission out of any funds held by it for such purposes.


author: Eckert, C. J.

text:
    (No. 3025
    Elva Jennings Penwell, Claimant, vs. State of Illinois, Respondent.

      Opinion filed September 12, 1946.

    John W. Preihs, for claimant.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Eckert, C. J.

Claimant was injured on February 2, 1936, in "an accident arising out of and in the course of her employment as a Supervisor at the Illinois Soldiers’ and Sailors’ Children’s School at Normal, Illinois. The injury was serious, causing temporary blindness and general paralysis. The facts are fully detailed in the case of Penwell v. State, 11 C. C. R. 365, in which an award was made to the claimant of $5,500.00 for total permanent disability, $8,215.95 for necessary medical, surgical, and hospital services expended or incurred to and including October 22, 1940, and an annual pension of $660.00. On February 10, 1942, a further award was made to claimant for medical and hospital expenses incurred from October 22, 1940, to January 1, 1942, in the amount of $1,129.82. On March 10, 1943, a further award was made to claimant for medical and hospital expenses from January 1, 1942, to December 31, 1942, in the amount of $1,164.15. On March 15, 1944, a further award was made to claimant for medical and hospital expenses from January 1, 1943, to and including September 30, 1943, in the amount of $853.07. On April 17, 1945, a further award was made to claimant for medical and nursing expenses incurred from.October 1,1943, to and including February 28, 1945, in the amount of $1,955.29. Claim is now made for an additional award of $1,666.12 for medical and nursing expenses from February 28, 1945, to and including April 1, 1946.

Claimant remains totally paralyzed from the waist down, the paralysis being of a spastic type; her physical condition has not improved. She has no control over her lower limbs, nor over urine and faeces. From February 28, 1945, to and including April 1, 1946, she has been required, to relieve her of'her injury, and to prevent deformity and to stimulate circulation, and for relief of bed sores, to employ and receive medical services and nursing attention. She remains helpless, requiring the services of nurses or attendants to move her to and from her bed, to change her bed clothing at least three or four times a day, to administer light treatment to the affected parts of her paralyzed body, and to rub her body with ointments prescribed by her physician. Because of the complete paralysis of her lower abdomen and legs, the functioning of her kidneys and bladder is impaired, and medical attention is required to flush these organs and to prevent infection arising from her impaired circulation and paralysis. The services „ of a'physician are needed almost daily and must be rendered in her home.

Claimant has therefore employed a physician on a monthly basis at a charge of $75.00 per month, which is a lesser rate than ordinarily charged, and for which she seeks reimbursement in the total sum of $825.00. Claimant also seeks reimbursement, at the rate of fifty cents per day, in the total amount of $182.50, for board and room of attending nurses. Such expenditure obviates the employment of both a day and a night nurse. In addition, claimant has expended, for nursing services, $618.50, and for drugs and supplies, $40.12. She has submitted to the court, with her verified petition, the original receipts and vouchers showing payment of these respective items, except a medical expenditure of $75.00 for which a receipt for $55.00 only is submitted. This must be disallowed to the extent of $20.00.

This court has heretofore held that under Section 8, paragraph (a)- of the Workmen’s Compensation Act, claimant is entitled to such care as is reasonably required to relieve her of the effects of the injury. (Penwell v. State, supra.) There has been no change in claimant’s physical condition to justify the denial of an award at this time. The services claimed appear to have been reasonably required and the charges to be reasonable and just.

Award is, therefore, made to the claimant for medical and nursing expenses from February 28,1945, to and including April 1,1946, in the sum of $1,646.12, which has accrued and is payable forthwith. The court reserves for future determination claimant’s need for further medical, surgical and hospital services.


text:
    (No. 3718
    Wayne Mellon, Claimant, vs. State of Illinois, Respondent.

      Opinion filed September 12, 1946.

    John T. Reardon, of Quincy, for claimant.
    George F. Barrett, Attorney General; C. Arthur Nebel, Assistant Attorney General, for respondent.
   Eckert, C. J.

On May 29, 1941, the claimant, Wayne Mellon, while in the employ of the respondent, and while standing -on a scaffolding painting a bridge, slipped and fell, injuring his back and left hip. He alleges that he has incurred medical bills in the amount of $150.00; that his earnings during the year immediately preceding the accident were $1,200.00; and that he has received on account of temporary total disability $138.84. He seeks an award for medical services, for additional total temporary, and for complete and permanent disability.

At the time of the injury the employer and employee were operating under the provisions of the Workmen’s Compensation 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 claimant’s employment.

Immediately following the accident, claimant was taken to the office of Dr. A. R. Denny at Perry, Illinois, and at the order of Dr. Denny, claimant was taken by ambulance to St. Mary’s Hospital in Quincy, where he remained under the care of Dr. J. E. Miller until June 20th. He then returned to his home.

Various doctors treated the claimant after his discharge from the hospital on June 20th. They were unable to find any objective symptoms. Despite this fact, the Division arranged for* further treatments in the hope of obviating the complaints, and claimant was paid for temporary total disability for the period of May 30th to August 31st, 1941. The respondent also paid all medical and hospital treatments in the total amount of $332.98.

The claimant, testifying in his own behalf, stated that he lives with his sister on a farm of ninety acres; that since the injury on May 29, 1941, he worked for ten days sorting apples at an orchard, and has worked on his own farm with his father, taking care of cattle and hogs, and planting and cultivating the fields. He stated that he could not ride a tractor* but could ride a gang plow; that prior to his injury and his employment by the respondent, he had done general farming; that since his injury there were numerous farm operations which he is unable to do.

It is clear from the record that claimant is not entitled to an award for medical expenses. since these were all paid by the respondent. It is also clear that claimant is not entitled to further payments on account of temporary total disability since he was advised on August 20, 1941, that he was able to return to work, and since the respondent did not terminate the compensation payments until August 31, 1941.

It is also clear from the record that claimant is not entitled to an award for total permanent disability. There is no doubt that claimant received an injury which arose out of and in the course of his employment, but from Ms own testimony, he has been, and is able to do farm work.

There is no showing in the- record as to any difference between the average amount which claimant earned before the accident and the -average amount wMch he is eármng or is able to earn in some suitable employment ■or business since the accident. Under paragraph (d) of Section 8 of the Workmen’s Compensation Act of this State, in the absence of such a showing, no award can be made for partial incapacity. (Evans v. State, 13 C. C. R. 65; Doyle v. State, 13 C. C. R. 179.)

Since claimant has failed to establish his claim for either total permanent disability or partial permanent disability, and since the record shows that his medical expenses and compensation for total temporary disability have been fully paid by the respondent, an award is denied.

Case dismissed.


text:
    (No. 3778
    William F. Dahler, Claimant, vs. State of Illinois, Respondent.

      Opinion filed September 12, 1946.

    Pence B. Orr, Joliet, Illinois, attorney for claimant.
    George F. Barrett, Attorney General, for respondent; Wm. L. Morgan, Assistant Attorney General, of counsel.
   Damron, J.

This is a claim for benefits under the Workmen’s Compensation Act. The record consists of the following:

1. Complaint.

2. 'Departmental Report.

3. Rule to show cause.

4. Motion of claimant for discharge of rule supported by affidavit.

5.. Second rule to show cause.

6. Motion of claimant for discharge of rule supported by affidavit.

7. Claimant’s brief and argument.

8. Copy of transcript of evidence.

9. Bill of D. V. Sheffner, Court Reporter.

10. Brief and argument of respondent.

The evidence in the case was taken on the 8th day of May 1946 at Joliet, Illinois. It shows that on the 9th day of October 1942, this claimant, while employed by respondent as Assistant Foreman in the Master Mechanics Department at the State Penitentiary at Joliet, Illinois, was struck on the head with a gun wielded by a prisoner, one of a group of inmates who was attempting to escape from the institution. The evidence further discloses that as a result of said blow, the claimant was incapacitated for a period of five days after which he returned to his normal employment. Claimant was given immediate medical attention at the prison hospital; the wound on his head was treated and he was taken to his home. Testimony shows that the wound itself gave the claimant very little trouble but left a scar on his head.

Claimant further testified that thereafter his eyes commenced getting weaker and he suffered considerable pain from frequent headaches. Claimant testified that at the time of the attack he was 61 years of age and had been wearing glasses for ten years and the glasses he was wearing at the time of the taking of the testimony had been made for him by Dr. Howard N. Flexer, Eye, Ear, Nose, and Throat Specialist of Joliet, a member of the prison medical staff.

Dr. William Fletcher, physician and surgeon of Joliet, was called on behalf of claimant. This physician testified that he had been employed at the Joliet Penitentiary for about 18 years as a physician and that he had known the claimant for about 25 years and had been the family physician; that so far as he knew, claimant’s health prior to the time he was injured, was good. This statement was based on the fact that claimant had never consulted him as a physician. He testified that in his opinion, based on his general experience and from knowing claimant personally both before and after he received this injury, that claimant’s headaches and eye condition might, or could have been, caused by the blow on the head which claimant received on the 9th day of October 1942.

Over the objection of counsel for the respondent, a letter was introduced in evidence, from Dr. Howard N. Flexer, dated April 19,1946, which is in words and figures as follows:

“I, Howard N. Flexer, M. D., do hereby state that I have been engaged in the specialty of Eye, Ear, Nose and Throat in Joliet, 111., for the past twenty-six years.
I am also the Eye, Ear, Nose and Throat Specialist at the Illinois State Penitentiaries at Joliet, 111.
I hereby certify that I examined the eyes of Mr. William F. Dahler, guard, employed at Stateville Penitentiary, on February 29, 1944. At that time he was fitted for spectacles by me. His vision in each eye singly was 20/50 uncorrected, and 20/30 corrected, which means that he has a visual loss of 16.5% uncorrected, and 5.5% corrected in each eye.
I again examined him on April 18, 1946, at which time his vision was 20/100 in each eye singly, a loss of 44% in vision. With the above mentioned spectacles, his vision is now but 20/50 or a visual loss of 16.5%.
His vision is now 27.5% worse than it was in 1944. With the history of a blow on the head, as this man gives, there might be some close relationship to his visual loss, from said blow.”

This letter was not admissible and the objection of the Attorney General must be sustained. We have carefully considered the evidence remaining in this record. Under the law, all of the evidence offered by claimant on his own behalf, in reference to his ill-being must be considered as subjective and the testimony of Dr. William Fletcher, called on behalf of claimant, does not tend to support the evidence of loss of vision to claimant’s _ eyes.

In claims for compensation under the Workmen’s Compensation Act, the burden of proof is on claimant to prove his claim by a preponderance or greater weight of the evidence. Alexander vs. State, 13 C. C. R. 5; Bradecich vs. State, 13 C. C. R. 56; Pearman vs. State, 13 C. C. R. 84, and awards can only be made for injuries and only such injuries, as are proven by competent evi- . dence, of which there are, or have been objective conditions or symptoms proven not within the physical or mental (control of the injured employee himself, and unless there are or have, been objective conditions or symptoms proven, no award for compensation can be made. Nichols vs. State, 10 C. C. R. 80; Wasson vs. State, 10 C. C. R. 497; Peck vs. State, 10 C. C. R. 56; Sprague vs. State, 14 C. C. R. 116.

His claim for partial loss of vision to his eyes due to the accident has not been proven. The proof in reference to this claim does not comply with the rule as enunciated in the above cited cases. An award is therefore denied.

D. V. Sheffner has filed a ¡claim for taking and transcribing the depositions in this case. The charges amounting to $20.00 are found by us to be fair, reasonable and customary. ■ Therefore, an award is hereby entered in favor of claimant William F. Dahler for the use of D. V. Sheffner in the sum of Twenty ($20.00) Dollars.