{
  "id": 2760266,
  "name": "Dr. Charles Ahronheim, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Ahronheim v. State",
  "decision_date": "1946-09-12",
  "docket_number": "No. 3933",
  "first_page": "38",
  "last_page": "42",
  "citations": [
    {
      "type": "official",
      "cite": "16 Ill. Ct. Cl. 38"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 6248,
    "ocr_confidence": 0.528,
    "sha256": "d73805dd15cf12a502fe372b919b24368445b9bd8403c7b481da2e519f41783c",
    "simhash": "1:93bc82d71c722772",
    "word_count": 1064
  },
  "last_updated": "2023-07-14T19:00:22.032073+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Dr. Charles Ahronheim, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Eckert, C. J.\nOn December 18th, 1944, claimant, Dr. Charles Ahronheim, while in the employ of the respondent at the Elgin State Hospital fell on a slippery side walk on the hospital grounds and injured his right shoulder and back. The injury caused pain in claimant\u2019s back, and grew increasingly worse until the 10th of \"January, 1945, when cl\u00e1imant reported to Dr. Green of the Hospital Staff, who put claimant\u2019s right arm in a sling. The report made at that time to the Department of Public Welfare classified the injury as serious and described it as: \u201csmall area of swelling at anterior edge of the right deltoid muscle, nutritional disturbance of the right 4th and 5th finger nails.\u201d\nClaimant\u2019s arm remained in a sling until some time in July or August, without improvement. Diathermy treatments, in the meantime, were given to claimant at the Sherman Hospital in Elgin, and. claimant was hospitalized at the Elgin State Hospital for. eight days under the care of Dr. Green, Dr. Reid and Dr. Leibert. Claimant left the employ of the respondent on the first of May, 1945.\nThe report of the attending physician, made to the Department, indicates that the condition of claimant\u2019s shoulder had not improved when he was last examined by Dr. Green on April 30th, 1945, and the prognosis was that the condition might become chronic.\nAfter claimant left the Elgin State Hospital, he continued to consult various doctors in the hope of obtaining relief, but without success. The services of these various physicians were all secured at claimant\u2019s, own election. At the time of the hearing, on October 29, 1945, the pain in claimant\u2019s shoulder had not lessened, and- he testified that it was alleviated only by the use of sedatives and hypnotics. His postero-lateral abduction was restricted, and he was unable to close or make a fist. He testified that the fingers of the right hand were partially numb, as if they were covered with silk, and stated, that in his work as a physician, his right hand and arm are entirely useless.\nDr. George Green, the attending physician, testified that he had no knowledge as to the fall which occasioned the injury, but stated that the condition now existing, as described by the claimant, might be a result of an injury such as claimant stated he received. Dr. Green, just prior to the hearing, found claimant unable to lift his right arm anteriorly above the level of the shoulder; found claimant limited as to lateral abduction; found claimant unable to place his right hand behind his back; found claimant had atrophic changes of the finger nail of the right fourth finger, and the ring finger; and found a small lump at the anterior border of the right deltoid muscle near its insertion on the humerus. ' Dr. Green stated that it was unlikely that\" such a condition would occur from anything other than an injury. He considered the condition chronic.\nDr. S. I. Weiner testified that he examined the claimant on October 29, 1945, at which time he took an X-ray of both claimant\u2019s shoulders. These X-rays were ad mitted in evidence, and show claimant\u2019s left shoulder perfectly normal, but show, as to the right shoulder, calcification around the margin of the glenoid fauca of the scapula, and calcifications-over the greater tubercle of the head of the humerus, and streaks of calcification across the heads of the humerus proper.\nDr. Weiner also testified that he had made a medical examination of claimant which disclosed an atrophy of the right upper extremity, localized tenderness from the angle of the shoulder and over the anterior part of the shoulder and the region of the coracoid process of the scapula. His diagnosis was traumatic periarthritis of the right shoulder, and he stated that it was definitely of a traumatic nature because it is confined to the periarticular structures and not to the articular structure. Dr. Weiner stated that in his opinion the condition is permanent, and that there is a total functional loss of use of claimant\u2019s right arm.\nAt the time of the injury, the employer and employee were operating under the provisions of the Workmen\u2019s 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\u2019s employment. During the year immediately preceding the injury, claimant\u2019s salary totaled $2,760.00. Claimant, although unable to work from January 10, 1945, to May 1,1945, received his full salary in the amount of $899.33.\nClaimant\u2019s average weekly wage was $53.07, and his compensation rate is therefore $17.63. The court is of the opinion that he is entitled to an award for temporary total disability for a period of 15 5/7 weeks, or the sum of $277.04.\nThe court is also of the opinion that claimant has suffered a complete loss of use of Ms right arm. He is therefore entitled to an award, for such loss of use, of $17.63 per week for a period of 225 weeks, or the sum of $3,966.75.\nA. M. Rothbart Court Reporting Service is entitled to payment of $41.50 for reporting the testimony at the hearing.\nNo award can be made for medical expenditures, since claimant elected to secure these services at his own expense.\nAn award is therefore entered in the total sum of $4,285.29, from wMch must be deducted moneys paid to the claimant by respondent during the period of January 10,1945, .to May 1,1945, being the sum of $899.33, leaving a balance of $3,385.96, payable as follows:\na) the sum of $41.50 to A. M. Rothbart Court Reporting Service, forthwith.\nb) the sum of $1,256.77 to claimant, forthwith.\nc) the sum of $2,087.69 to claimant in weekly installments, beginning on the 12th day of September, A. D. 1946, at the rate of $17.63 per week for a period of one hundred and eighteen weeks, with an additional final payment of $7.35.\nThis award is subject to the approval of the Governor as provided in Section 3 of \u201cAn Act concerning the payment of compensation awards to State employees..\u201d",
        "type": "majority",
        "author": "Eckert, C. J."
      }
    ],
    "attorneys": [
      "Paul C. Ross and Frank M. Martoccio, of Chicago, for claimant.",
      "George F. Barrett, Attorney General, and William L. Morgan, for respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 3933\nDr. Charles Ahronheim, Claimant, vs. State of Illinois, Respondent.\nOpinion files September 12, 1946.\nPaul C. Ross and Frank M. Martoccio, of Chicago, for claimant.\nGeorge F. Barrett, Attorney General, and William L. Morgan, for respondent."
  },
  "file_name": "0038-01",
  "first_page_order": 58,
  "last_page_order": 62
}