{
  "id": 5337905,
  "name": "Mabel E. Bathe, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Bathe v. State",
  "decision_date": "1950-04-18",
  "docket_number": "No. 4216",
  "first_page": "189",
  "last_page": "192",
  "citations": [
    {
      "type": "official",
      "cite": "19 Ill. Ct. Cl. 189"
    }
  ],
  "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": 294,
    "char_count": 5280,
    "ocr_confidence": 0.558,
    "sha256": "21a2fda23e89c2a22fe286309a6df119efa5e3d06bca7f0385299d4732abe56b",
    "simhash": "1:bd2eae4a9ae3bdba",
    "word_count": 845
  },
  "last_updated": "2023-07-14T21:36:39.333623+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Mabel E. Bathe, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Lansden, J.\nOn February 16, 1949, claimant, Mabel E. Bathe, was injured in an accident that arose out of and in the course of her employment with the Department of Public Welfare at the Lincoln State School and Colony, Lincoln, Illinois.\nOn the date of the accident, claimant was on her way to lunch on the institution grounds, stumbled over a raised place on the sidewalk and fell, as a result of which she fractured her right wrist and left knee-cap and also injured her left arm and wrisL.\nAfter emergency treatment, claimant was taken, the next day, upon the authorization of the Assistant Superintendent of the State institution to Evangelical Deaconess Hospital, Lincoln, Illinois, where she remained for two months under the care of Dr. E. C. Gaffney of that city.\nUpon discharge from the hospital, claimant convalesced at her home until she was able to return to work, which she did on June 11, 1949.\nDuring the time claimant was unable to work, she was paid compensation at a rate greater than that provided in the Workmen\u2019s Compensation Act. Such payments, in accordance with the policy of the Department of Public Welfare, were sixty per cent of her monthly wage of $175.00 per month or $105.00 per. month.\nNo jurisdictional questions are involved. There is no claim or proof of any specific loss or permanent partial disability.\nOther than emergency treatment, respondent has neither furnished nor paid for any medical or hospital services required as a result of claimant\u2019s accident, but. such services as claimant.received were furnished upon the authorization of respondent.\nClaimant has paid of obligated herself to pay the following hospital and doctors bills, which are reasonable and were necessary and required:\nEvangelical Deaconess Hospital, Lincoln, Illinois, (paid).......$576.90\nSt. Joseph\u2019s Hospital, Bloomington, Illinois, (blood plasma) (paid) .................................................... 6.00\nDr. E. C. Gaffney, Lincoln, Illinois (unpaid)................... 150.00\nTotal..................................................$732.90 '\nPatricia M. Beckholt, 303 Lincoln Avenue, Lincoln, Illinois, was employed to take and transcribe the testimony before Commissioner Wise. Charges in the amount of $6.75 were incurred, which are reasonable and customary, and an award is hereby entered in favor of Patricia M. Beckholt for such amount.\nOn the date of the accident, claimant was 54 years of age, married but had no children under the age of sixteen years dependent upon her for support. Her earnings in the year preceding her injury amounted to $2,100.00, and her rate of compensation was, therefore, :$19.50 per week.\nClaimant was temporarily totally disabled for 16 2/7 weeks and was entitled to be paid for such temporary total disability the sum of $317.57. During such period .she was paid the sum of $391.12, or an overpayment of :$73.55.\nClaimant is entitled to an award under Section 8 (a) \u25a0of the Workmen\u2019s Compensation Act for hospital and doctors bills as set out above in the sum of $732.90 which should be reduced by the overpayment of $73.55, leaving .a net award of $659.35.\nAn award is, therefore, entered in favor of claimant, Mabel E. Bathe, for $659.35, payable as follows:\n$150.00, which, is payable forthwith, to claimant for the use of Dr. E. C. Gaffney, Lincoln, Illinois.\n509.35, the remainder of the award, which has accrued and is payable to claimant forthwith.\nThis award is subject to the approval of the Governor as provided in Section 3 of \u201cAn Act concerning payment of compensation awards to State employees.\u201d\nSupplemental Opinion\nLansden, J.\nOn April 18, 1950, the original opinion was filed in this case. On May 9, 1950, respondent filed a petition for rehearing, which subsequently we granted.\nThe petition for rehearing points out that we have misinterpreted the Departmental Report as to the .amounts paid claimant while she was totally and ternporarily disabled. With this contention we agree, and the original opinion should be revised to reflect such corrections, starting with the fourth paragraph from the end thereof as follows:\n\u201cClaimant was temporarily totally disabled for 16 2/7 weeks and was entitled to be paid for such temporary total disability the sum of $317.57. During such period she was paid the sum of $461.13, or an overpayment of $143.56.\n\u201cClaimant is entitled to an award under Section 8 (a) of the Workmen\u2019s Compensation Act for hospital and doctor bills as set out above in the sum of $732.90, which should be reduced by the overpayment of $143.56, leaving a net award of $589.34.\n\u201cAn award is, therefore, entered in favor of claimant, Mabel E. Bathe, payable as follows:\n$150.00, which is payable forthwith, to claimant for the use of Dr. E. C. Gaffney, Lincoln, Illinois.\n$439.34, the remainder of the award, which has accrued and is payable to claimant forthwith.\nThis award is subject to the approval of the Governor as provided in Section 3 of \u201cAn Act concerning payment of compensation awards to State employees.\u201d",
        "type": "majority",
        "author": "Lansden, J. Lansden, J."
      }
    ],
    "attorneys": [
      "Mabel Bathe, Claimant, pro se.",
      "Ivan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 4216\nMabel E. Bathe, Claimant, vs. State of Illinois, Respondent.\nOpinion filed April 18, 1950.\nSupplemental Opinion filed May 23, 1950.\nMabel Bathe, Claimant, pro se.\nIvan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Respondent."
  },
  "file_name": "0189-01",
  "first_page_order": 211,
  "last_page_order": 214
}