{
  "id": 2763641,
  "name": "Alice Cogdill, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Cogdill v. State",
  "decision_date": "1948-09-21",
  "docket_number": "No. 4064",
  "first_page": "24",
  "last_page": "27",
  "citations": [
    {
      "type": "official",
      "cite": "18 Ill. Ct. Cl. 24"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "343 Ill. 236",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        5255725
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/343/0236-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 332,
    "char_count": 4862,
    "ocr_confidence": 0.522,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.0841693859371724
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    "sha256": "e6a07ad0ff251028b8168a86e2aad654c429fbb6b646f389158d55105a88d240",
    "simhash": "1:a71b5d1a145e7c93",
    "word_count": 839
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  "last_updated": "2023-07-14T21:36:36.564288+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Alice Cogdill, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Damron, J.\nThis is a claim for permanent and total disability.\nThe record consists of a complaint, departmental report, transcript of evidence, commissioner\u2019s report, claimant\u2019s brief, statement and argument, and respondent\u2019s brief, statement, and argument.\nAt the hearing the parties hereto entered into a stipulation that the above named claimant was injured on March 1, 1947, while on the institution grounds at the Alton State Hospital, while she was enroute from the nurses\u2019 home where she resided on said grounds to the administration building where she had her office and that the accident arose out of and in the course of her employment where she had her office. It is further stipulated by and between the parties hereto that she earned $3,460.00 during the year immediately prior to her injury and that subsequent to her injury the respondent paid her $1,332.00 \u201cfor disability time\u201d; that the respondent had notice of the accident in 30 days; that claim for compensation was made within six months of the injury and that the claimant had no children under the age of 16 years dependent upon her for support.\nThere is but one question therefore for this Court to determine, that is the nature and extent of her injury and whether or not said injury has caused her to be totally and permanently disabled as defined under the terms and provisions of the Workmen\u2019s Compensation Act of this State. (Section 8, Par. f.)\nThe claimant testified at the hearing that she was 45. years of age at the time of the injury and was chief nurse at the Alton State Hospital; that she suffered an injury on. said date which involved the coccyx and the lower lumbar spine when she fell on the snow and ice on the grounds of the respondent. She further testified and the record shows that from the date of her injury to the taking of the testimony she had not returned to her employment.\nDr. H. B. McCarroll treated the claimant after her injury but did not testify; however, three letters from him were introduced in evidence being dated March 12, 1947,. May 13, 1947, and March 13, 1948. The letter of March 13, 1948 is as follows:\n\u201cThis patient has sustained injury to her lower lumbar spine and this may well represent an early intervertebral disc lesion. Her findings are sufficient at present that the present plan of conservative treatment should tie continued indefinitely. I do not think she is able to return to work and whether or not this will be possible in the future, I am unable to state.\u201d\nThe letter dated March 20, 1947 stated that claimant had pain in the region of the coccyx but that X-rays showed no evidence of fracture and in his letter dated May 15, 1947, he said that \u201cthere has been some improvement in these pains\u201d and \u201cthat there was no tenderness of the lower lumbar spine, nor muscle spasms and she had good motion in that region. \u2019 \u2019\nIn order for this Court to make an award for permanent and total disability the claimant must show by a preponderance of evidence that she is \u201cwholly and permanently incapable of work.\u201d (Section 8, Par. (f) Workmen\u2019s Compensation Act.) To be entitled to compensation for partial incapacity, claimant must show by a preponderance of evidence, the difference in what she did earn before the injury and the amount she is able to earn after the injury. (Section 8, Par. (d) Workmen\u2019s Compensation Act.)\nThe medical testimony in this case does not show, as is required by the Act, that the claimant is either totally disabled or partially disabled. While it is true that claimant testified that she is unable to do any type of work and that she suffers pain, yet that is insufficient. Her testimony is to be construed as subjective and under Section 8, Par. (i-3) of the Act she must prove her right to an award by objective testimony and this she has failed to do.\nWe have repeatedly held and the Supreme Court of this State has held that liability under the Workmen\u2019s Compensation Act cannot rest upon imagination, speculation, or conjecture but must be based on a preponderance of the evidence, Sanitary Dist. vs. Ind. Comm., 343 Ill. 236; Mandel vs. State, 12 C.C.R. 29; Ruddy vs. State, 16 C.C.R. 57, on this record as we find it we are compelled to deny an award to the claimant.\nAward denied.\nMrs. William Schmidt transcribed the testimony in the above entitled cause and has made a charge of Twenty-one ($21.00) Dollars for such services. We find that said amount is fair, reasonable, and customary for the services rendered by her.\nAn award is therefore hereby entered in favor of Mrs. William W. Schmidt, Godfrey, Illinois, in the sum of $21.00.",
        "type": "majority",
        "author": "Damron, J."
      }
    ],
    "attorneys": [
      "Ross E. Abmbruster, Attorney for Claimant.",
      "Hon. George P. Barrett, Attorney General, and C. Arthur Nebel, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 4064\nAlice Cogdill, Claimant, vs. State of Illinois, Respondent.\nOpinion filed September 21, 1948.\nRoss E. Abmbruster, Attorney for Claimant.\nHon. George P. Barrett, Attorney General, and C. Arthur Nebel, Assistant Attorney General, for Respondent."
  },
  "file_name": "0024-01",
  "first_page_order": 44,
  "last_page_order": 47
}