{
  "id": 5338742,
  "name": "Hans A. Hexdall, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Hexdall v. State",
  "decision_date": "1950-04-18",
  "docket_number": "No. 4245",
  "first_page": "171",
  "last_page": "174",
  "citations": [
    {
      "type": "official",
      "cite": "19 Ill. Ct. Cl. 171"
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  "court": {
    "name_abbreviation": "Ill. Ct. Cl.",
    "id": 8793,
    "name": "Illinois Court of Claims"
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    "name_long": "Illinois",
    "name": "Ill."
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    {
      "cite": "380 Ill. 102",
      "category": "reporters:state",
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      "case_paths": [
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    {
      "cite": "378 Ill. 203",
      "category": "reporters:state",
      "reporter": "Ill.",
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  "last_updated": "2023-07-14T21:36:39.333623+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Hans A. Hexdall, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Lansden, J.\nOn November 23, 1949, claimant, Hans A. Hexdall, filed Ms complaint under the Workmen\u2019s Compensation Act, seeking to recover for permanent partial disability, as a result of an accident arising out of and in the course of his employment with the Department of Public Works and Buildings, Division of Highways.\nThe accident allegedly occurred on December 10, 1947, and the complaint, in part, states as follows:\n(d) State whether medical, surgical and hospital treatment were furnished by Respondent, and if so to what extent: Respondent has furnished medical and hospital treatment to claimant up to present date. (November 21, 1949).......\n(f) Amount of payments, if any, received from Respondent during period of Claimant\u2019s disability; and any other action taken by Respondent: Claimant didn\u2019t lose a day\u2019s pay. Went back on job one month after accident. Discharged March 15, 1949.\nOn the basis of the allegations in the complaint, especially those above quoted, respondent has filed a motion to dismiss, asserting that claimant has filed Ms complaint too late and that, therefore, this Court is without jurisdiction to entertain it.\nBecause Section 8D of the Court of Claims Act provides that this Court shall determine all claims for personal injuries or death arising out of and in the course of employment of any State employees in accordance with the substantive provisions of the Workmen\u2019s Compensation Act, claimant argues that Section 24 of the latter act is procedural and not substantive, Therefore, this Court is governed not by said Section 24\u201c with its one-year limitation but by the two-year limit in Section 22 of the Court of Claims Act.\nClaimant cites two cases which hold that Section 24 of the Workmen\u2019s Compensation Act is procedural and not substantive. Diamond T Motor Car Co. v. Ind. Com., 378 Ill. 203; Hilberg v. Ind. Com., 380 Ill. 102. With the holding of those cases, there can be no disagreement.\nBut what claimant has failed to perceive is that any distinction between procedure and substance in so far as this case is concerned is immaterial. What is really involved is the jurisdiction of this Court to hear this case.\nSection 22 of the Court of Claims Act reads as follows :\n\u201cEvery claim cognizable by tbe court and not otherwise sooner barred by law shall be forever barred from prosecution therein unless it is filed with the clerk of the court within two years after it first accrues, saving to infants, idiots, lunatics, insane persons and persons under other disability at the time the claim accrues two years from the time the disability ceases.\u201d\nIt is settled beyond any further argument that said Section 22 is jurisdictional and that unless a claim is filed within the time prescribed therein this Court has no jurisdiction of the case. Ross v. State, 16 C.C.R. 116; Schuemann et al., etc., v. State, 17 C.C.R. 132; Brown v. State, 17 C.C.R. 79. In this Court, failure to file a complaint in time is not a matter of affirmative defense, failure to plead which may result in a waiver thereof.\nRule 32 of the rules of this Court reads identically with said Section 22 except that after the word \u201claw\u201d appears an asterisk which refers to the following explanatory statement: \u201cSee limitation provisions of specific statutes, including Workmen\u2019s Compensation and Occupational Diseases Act.\u201d\nSection 24 of the Workmen\u2019s Compensation Act provides a one-year limitation for filing claims. It has uniformly been held to be jurisdictional in numerous cases of which Black v. Ind. Com., 393 Ill. 187, is one.\nSaid Section 24 applies to this Court and operates to reduce the period prescribed in said Section 22 if the facts warrant it, and is likewise jurisdictional. Scott v. State, 12 C.C.R. 163; Britt v. State, 16 C.C.R. 114; Stallard v. State, 16 C.C.E. 78; Stuenkel v. State, 16 C.C.R. 34; Rathje v. State, 16 C.C.R. 177; Clark v. State, 17 C.C.R. 117; Domianus v. State, 17 C.C.R. 197.\nIn this case, claimant was injured on December 10, 1947. Conceding that respondent had notice of the accident within 30 days and that the payment of his full salary with such knowledge constituted a payment of compensation for the period claimant was unable to work, such compensation payments ceased not later than January 15,1948. Said Section 24 grants a claimant one year from the date of the last payment of compensation within which to file his claim. By delaying until November 23, 1949, to file his claim, this claim comes much too late.\nThe furnishing of first aid, medical and surgical services by respondent is of no benefit to claimant, for, by Section 8 (a) of the Workmen\u2019s Compensation Act, \u201cthe furnishing of any such services ... by the employer shall not be construed as the payment of compensation. \u2019 \u2019\nUpon the authority of the above cited decisions of this Court, which we follow, we held that, claimant having filed his complaint more than one year after the date of the last payment of compensation, this Court is without jurisdiction to hear it.\nThis opinion has been extended to some lengths primarily for the purpose of demonstrating the uniformity with which this Court has. passed upon the questions involved. Almost every volume of the Court of Claims Reports contains cases deciding the questions as decided herein.\nThe motion of respondent to dismiss must be and is hereby sustained.\nCase dismissed.",
        "type": "majority",
        "author": "Lansden, J."
      }
    ],
    "attorneys": [
      "Root & Hoffman, Attorneys for Claimant:",
      "Ivan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Bespondent."
    ],
    "corrections": "",
    "head_matter": "(No. 4245\nHans A. Hexdall, Claimant, vs. State of Illinois, Respondent.\nOpinion filed April 18, 1950.\nRoot & Hoffman, Attorneys for Claimant:\nIvan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Bespondent."
  },
  "file_name": "0171-01",
  "first_page_order": 193,
  "last_page_order": 196
}