{
  "id": 2929848,
  "name": "Luther Estep, a Minor, by James Stanley, His Legally Appointed Guardian, Plaintiff-Appellant, v. Janler Plastic Mold Corporation, Defendant-Appellee",
  "name_abbreviation": "Estep v. Janler Plastic Mold Corp.",
  "decision_date": "1973-04-06",
  "docket_number": "No. 56357",
  "first_page": "551",
  "last_page": "553",
  "citations": [
    {
      "type": "official",
      "cite": "11 Ill. App. 3d 551"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "98 N.E.2d 516",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "343 Ill. App. 206",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        5070018
      ],
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      "case_paths": [
        "/ill-app/343/0206-01"
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  "last_updated": "2023-07-14T15:22:35.785791+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Luther Estep, a Minor, by James Stanley, His Legally Appointed Guardian, Plaintiff-Appellant, v. Janler Plastic Mold Corporation, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. PRESIDING JUSTICE DRUCKER\ndelivered the opinion of the court:\nPlaintiff appeals from an order dismissing his amended complaint. Plaintiff was injured on September 26, 1968, while employed by defendant to maintain an electrically powered band saw. At the time of the injury plaintiff was 17 years of age. Contending that he was an \u201cillegally employed minor,\u201d plaintiff rejected his rights to benefits under the Workmens Compensation Act and proceeded against defendant in an action for damages as permitted by Section 5(a) of the Act. Defendant moved to dismiss plaintiff\u2019s amended complaint, arguing that he was not an \u201cillegally employed minor\u201d and hence not eligible to reject his Workmen\u2019s Compensation benefits and that plaintiff had failed to file his rejection of the benefits within the six month period prescribed by Section 5(a) of the Act.\nThe complaint was dismissed and plaintiff urges on appeal that his rejection of benefits as an illegally employed minor was timely filed.\nSection 5(a) of the Illinois Workmen\u2019s Compensation Act (Ill. Rev. Stat. 1967, ch. 48, par. 138.5) permits an \u201cillegally employed minor or his legal representatives,\u201d within six months from the date of injury, to reject his right to benefits under the Act and to pursue a common law or statutory remedy to recover damages for such injury. Plaintiff maintains that he was an \u201cillegally employed minor\u201d because his employment constituted \u201coppressive child labor\u201d which as defined by the federal Fair Labor Standards Act of 1938 can, under certain circumstances, cover employees between the ages of 16 and 18 years. 29 U.S.C. secs. 203(1), 212(c) and Order 14 of the Secretary of Labor, 29 CFR, ch. V, Part 570, sec. 570.65; CCH Labor Law Reporter, Vol. 1, 23,720.51.\nJames Stanley was appointed plaintiff\u2019s guardian on September 23, 1969. The rejection of the workmen\u2019s compensation benefits was filed with the Illinois Industrial Commission on November 17, 1969. This common law cause of action was commenced on March 10, 1970.\nWe cannot accept plaintiff\u2019s contention that the federal Fair Labor Standards Act definition of the term \u201coppressive child labor\u201d is controlling in our interpretation of the Illinois Workmen\u2019s Compensation Act\u2019s use of the term \u201cillegally employed minor.\u201d Rather do we look for such assistance to the Illinois Child Labor Law (Ill. Rev. Stat. 1967, ch. 48, par. 31.1) which provides that a minor under 16 years of age cannot be lawfully employed to do the kind of work engaged in by plaintiff. Since plaintiff was 17 at the time of the injury, he was not an \u201cillegally employed minor.\u201d\nBut even if we were to accept plaintiff\u2019s contention (which is denied by defendant) that plaintiff was an illegally employed minor for purposes of Section 5(a), we would still be compelled to affirm the dismissal of the complaint. Section 5(a) of the Workmen\u2019s Compensation Act specifically states that the rejection of benefits under the Act must be filed by the minor or his legal representatives \u201cwithin 6 months of the time of injury or death.\u201d In the case at bar plaintiff was injured on September 26, 1968. His guardian who was appointed on September 23, 1969, did not file a rejection of the Workmen\u2019s Compensation benefits with the Industrial Commission until November 17, 1969. We disagree with plaintiff\u2019s argument that the six month period begins to run from the date on which a guardian is appointed. The six month period begins to run from the date on which the employee is injured, not the date on which a guardian is appointed. (Cadwell v. National Tea Co., 343 Ill. App. 206, 98 N.E.2d 516.) Therefore, even if plaintiff was an illegally employed minor, his rejection of the right to benefits under the Workmens Compensation Act was not filed within the prescribed period. Thus on this ground also plaintiff\u2019s complaint must fail.\nThe judgment is affirmed.\nAffirmed.\nENGLISH and LORENZ, JJ., concur.",
        "type": "majority",
        "author": "Mr. PRESIDING JUSTICE DRUCKER"
      }
    ],
    "attorneys": [
      "Asher, Greenfield, Gubbins and Segall, of Chicago, (Eugene I. Pavalon and Sidney Robin, of counsel), for appellant.",
      "Lord, Bissell & Brook, of Chicago, (C. Roy Peterson, George L. Burgett, and Richard E. Mueller, of counsel,) for appellee."
    ],
    "corrections": "",
    "head_matter": "Luther Estep, a Minor, by James Stanley, His Legally Appointed Guardian, Plaintiff-Appellant, v. Janler Plastic Mold Corporation, Defendant-Appellee.\n(No. 56357;\nFirst District (5th Division)\nApril 6, 1973.\nRehearing denied May 8, 1973,\nAsher, Greenfield, Gubbins and Segall, of Chicago, (Eugene I. Pavalon and Sidney Robin, of counsel), for appellant.\nLord, Bissell & Brook, of Chicago, (C. Roy Peterson, George L. Burgett, and Richard E. Mueller, of counsel,) for appellee."
  },
  "file_name": "0551-01",
  "first_page_order": 573,
  "last_page_order": 575
}