{
  "id": 2823026,
  "name": "George F. Adolphi, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Adolphi v. State",
  "decision_date": "1943-03-09",
  "docket_number": "No. 3561",
  "first_page": "373",
  "last_page": "375",
  "citations": [
    {
      "type": "official",
      "cite": "12 Ill. Ct. Cl. 373"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 284,
    "char_count": 4199,
    "ocr_confidence": 0.564,
    "sha256": "205562e26ec643ebec734de3f601531bf5272b1020c07227176e7f49d1fcebe5",
    "simhash": "1:9ee4f76af4662603",
    "word_count": 689
  },
  "last_updated": "2023-07-14T18:36:43.466600+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George F. Adolphi, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Fisher, J.\nClaimant seeks an award for disability resulting from illness contracted while he was on duty as a member of the Illinois National Guard and while stationed at Camp McCoy, Sparta, Wisconsin, with the 123rd Field Artillery from August 11 to August 31, 1940. Claim was filed November 22, 1940.\nClaimant alleges that when he returned to the \u2022 Rock Island Armory at Rock Island, Illinois, he requested a medical officer; that no such officer was available and that he was advised to get a private doctor.\nClaimant further alleges that about September 3, 1940, he called Dr., Joseph DeSilva of Rock Island, Illinois, who diagnosed claimant\u2019s illness as pneumonia and ordered claimant removed to St. Anthony\u2019s Hospital, Rock Island, Illinois.\nClaimant further alleges that the doctors recommend that claimant spend a year in Arizona in order to recover his health, and claimant seeks an award sufficient for such purpose.\nThe record consists of the Complaint, reports of the Adjutant General, Amended Complaint, Transcript of Testimony, Waiver of Statement, Brief and Argument by claimant, and Statement, Brief and Argument on behalf of respondent.\nSection 10, Article 16, of the Military and Naval Code provides:\n\u201cAny officer or enlisted man of the National Guard or Naval Reserve who may he wounded or disabled in any way, while on duty and lawfully performing the same, so as to prevent his working at his profession, trade or other occupation from which he gains his living, shall be entitled to be treated by an officer of the medical department detailed by the surgeon general, and to draw one-half his active service pay, as specified in-Sections 3 and 4 of this article, for not to exceed thirty days of such disability, on the certificate of the attending medical officer; if still disabled at the end of thirty days, he shall be entitled to draw pay at the same rate for such period as a board of three medical officers, duly convened by order of the Commander-in-Chief, may determine to be right and just, but not to exceed six months, unless approved by the State Court of Claims.\u201d\nThe report of the Adjutant General filed herein shows that claimant was paid according to the Military and Naval Code to and including December 31, 1940 at the rate of $2.05-per day, in accordance with the Board\u2019s recommendation. A Medical Board, duly convened, on October 29, 1940 recommended as follows:\n\u201cThe Board recommends authorization of continued treatment by his attending physician.\nThe Board does not believe further hospitalization to be necessary or of advantage.\nThe Board recommends that he be paid in accordance with the Military and Naval Code to this date and for a further period of disability, which it estimates not to exceed sixty days.\nThe Board recommends -that this soldier be discharged from military service.\nThe Board recommends that the following bills for the professional services and hospital care be paid, when presented in proper form:\n1. St. Anthony\u2019s Hospital, Rock Island, Ill..........................$77.00\n2. Dr. Joseph B. DeSilva, Rock Island, Ill........................... 53.00\u201d\nWhen a member of the Illinois National Guard is injured while in service and in the line of duty, he is entitled to an award for injuries sustained.\nSolomon vs. State, 5 C. C. R. 295;\nBridges vs. State, 7 C. C. R. 230;\nCharles vs. State, 8 C. C. R. 371.\nIn view of Section 10, Article 16, of the Military and Naval Code, we are without authority to grant an award other than that recommended by a Medical Board advising that such payment should be made. A proper Medical Board having made its recommendations, claimant is entitled' to an award in accordance with such recommendations.\nAn award is, therefore, entered in the sum of One Hundred Thirty Dollars ($130.00), payable, $77.00 to St. Anthony\u2019s Hospital, Bock Island, Illinois; $53.00 to Dr. Joseph B. DeSilva, Bock Island, Illinois; for the benefit of claimant, George F. Adolphi.",
        "type": "majority",
        "author": "Fisher, J."
      }
    ],
    "attorneys": [
      "William B. Schroeder, for claimant.",
      "George F. Barrett, Attorney General; Robert Y. Ostrom, Assistant Attorney General, for respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 3561\nGeorge F. Adolphi, Claimant, vs. State of Illinois, Respondent.\nOpinion filed March 9, 1943.\nWilliam B. Schroeder, for claimant.\nGeorge F. Barrett, Attorney General; Robert Y. Ostrom, Assistant Attorney General, for respondent."
  },
  "file_name": "0373-01",
  "first_page_order": 391,
  "last_page_order": 393
}