Public-domain · open source
OpenJurist

21 Ill. Ct. Cl. 52

Paschal v. State

Court of Claims of Illinois

Decided September 7, 1951

Court of Claims of Illinois · decided 1951-09-07

Decided 1951-09-07

Lansden, J.

¶1Claimant, Emily Paschal, seeks to recover from respondent under the Workmen’s Compensation Act for injuries sustained in an accident that arose out of and in the course of her employment as an Institution Worker and acting Chief Housekeeper at the Manteno State Hospital, operated by the Department of Public Welfare.

¶2On February 6, 1950, claimant, then 70 years of age, was struck by a truck, which backed into her while she was engaged in her duties on the hospital grounds. She was examined and treated by a doctor on the staff of the hospital the same day, but was not hospitalized at the time.

¶3From April 17, 1950 to April 28, 1951, claimant was hospitalized at the Institution for what is commonly known as milk leg. After this period of hospitalization, claimant took some of her annual vacation.

¶4■ Except for a few days sick leave, vacation, and the one period of hospitalization above referred to, claimant has worked continuously since February 6, 1950 drawing her full salary of $193.00 per month, which was her rate of pay at the time of the accident.

¶5Obviously claimant is not entitled on this record to compensation for total permanent disability, nor is she entitled to any compensation for partial permanent disability, because the record shows no differential in earnings, or diminution in her ability to earn. Cogdill vs. State, 18 C.C.R. 24. Therefore, an award to claimant must be denied under Section 8 (d) (f) of the Workmen’s Compensation Act.

¶6Claimant also claims reimbursement for drugs and a medical examination in Chicago. Such expenditures were not authorized by respondent, and claimant elected to make them herself, and is not entitled to recover therefor. (Section 8 (a) of the Workmen’s Compensation Act.)

¶7We are not unmindful of the fact that the record shows aggravation of a pre-existing osteoarthritis in the spine, and that in the year subsequent to her accident claimant displayed a progressive disability. Through dieting, she had lost about 50 pounds in weight without any material benefit to her condition of ill-being. However, we have been unable to find any section of the Workmen’s Compensation Act that would allow claimant an award on the record before us.

¶8Sylvia Mac Queen, Kankakee, Illinois, was employed to take and transcribe the testimony at the hearing before Commissioner Wise. Her charges of $15.00 are reasonable, and an award is entered in her favor for $15.00.

¶9An award to claimant, Emily Paschal, is denied.

¶10This award is subject to the approval of the Governor. Ill. Rev. Stat., Chap. 127, Sec. 180, as amended 1951, July 1, Laws 1951, p. 1441, H.B. 1077, Sec. 1.

/21/illctcl/52 · .json · Public domain