{
  "id": 5338823,
  "name": "Gilbert Wingerter, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Wingerter v. State",
  "decision_date": "1950-09-19",
  "docket_number": "No. 4212",
  "first_page": "55",
  "last_page": "57",
  "citations": [
    {
      "type": "official",
      "cite": "20 Ill. Ct. Cl. 55"
    }
  ],
  "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": 362,
    "char_count": 4831,
    "ocr_confidence": 0.572,
    "sha256": "5553ff2cd0e341408b3f7f3629be9761f1a88122e13b42908eb22a303594d8b4",
    "simhash": "1:3779a45334d3093f",
    "word_count": 805
  },
  "last_updated": "2023-07-14T22:49:12.522107+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Gilbert Wingerter, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Delaney, J.\nThis is a claim of Gilbert Wingerter against the respondent, the State of Illinois, for personal injuries sustained on his first day of employment, January 6, 1948.\nThe complaint alleges that the claimant was assigned to operate an air hammer used to break out defective pavement on S. B. I. Eoute No. 3 in Eandolph County. Shortly after 11:00 A.M., the air compressor and equipment were moved to a new location. At approximately 11:30 A.M., at a point about one mile north of Ellis Grove, Mr. Wingerter lifted the air hammer from the' air compressor,' and stepped onto the pavement. The corner of the body of a passing Division truck hit Mr. Wingerter, knocking him against the compressor, and injuring his left leg.\nThe Division had Mr. Wingerter taken to St. Clement\u2019s Hospital, Eed Bud, Illinois, where Dr. A. C. Scott, Evansville, was placed in charge of the case. Dr. Scott secured the services of a specialist in orthopedics, Dr. Kilien F. Fritsch, East St. Louis, Illinois, to aid him in reducing the leg fractures suffered by Mr. Wingerter.\nDr. A. C. Scott testified that his-examination showed Mr. Wingerter received a fracture of the left tibia, or the larger bone, and the left fibula, or smaller bone, near the distal end; also, a fracture that was called com-minuted and compound. By compound, Dr. Scott referred to that entrance from the outside to the side of the fracture. By comminuted, Dr. Scott referred to the facts that the leg was broken into several pieces.\nMr. Wingerter was married, and had three children under 16 years of age dependent upon him for support. As earlier stated, he was first, employed on January 6, 1948, as a temporary laborer in one of the Division\u2019s day labor units at a wage rate of $1.40 an hour. Employees working in a similar capacity ordinarily work less than 200 days a year. Therefore, under Section 10 of the Workmen\u2019s Compensation Act, Mr. Wingerter is presumed to have earned $2,240.00 in the year preceding the accident.\nThe record consists of a complaint, departmental report, transcript of evidence, three statements of radio-graphic findings, and six X-Ray exhibits.\nThere is but one question, therefore, for this Court to determine \u2014 the nature and extent of his injury, and .whether or not said injury has caused him any degree of permanent disability, as defined under the terms and provisions of the Workmen\u2019s Compensation Act of this State, Section 8, Paragraph (e) 15.\nReviewing the opinions of Dr. Fred Reynolds, Dr. Kilien Fritsch, and the observations of the Commissioner of this Court, we feel Mr. Wingerter sustained a permanent impairment, estimated to be in the neighborhood of 20 per cent of the left leg below the knee.\nFollowing his injury, the Division paid Mr. Wingerter compensation at the rate of $23.40 a week for the period January 7 to August 31, 1948, in the total amount of $759.59. Compensation payments were terminated August 31, 1948, one week after Dr. Reynold\u2019s examination of August 24, 1948, at which time the doctor recommended that Mr. Wingerter return to light work.\nThe Division of Highways has paid the following creditors in connection with Mr. Wingerter\u2019s injury; Dr. Kilien F. Fritsch, East St. Louis, $75.00; Dr, A. C. Scott, Evansville, $150.00; Dr. Wendell C. Scott, St. Louis, $37.00; Dr. J. Albert Key, St. Louis, $45.00; St. Clement\u2019s Hospital, Red Bud, $258.03; and claimant, Gilbert Wingerter, miscellaneous expenses, $17.47, making a total sum of $582.50 paid.\nNo jurisdictional questions were raised.\nAn award is, therefore, made to claimant, Gilbert Wingerter, for 20 per cent partial, permanent loss of use of his left leg below the knee, being 38 weeks. The claimant had three children under the age of 16 years dependent upon him for support at the time of the accident, so that the weekly maximum rate is increased- to $18.00 per week. The injury, having occurred after July 1, 1947, this must be increased 30 per cent, making a compensation rate of $23.40 per week, or the sum of $889.20, all of which has accrued, and is payable forthwith (Sec. 8-J-3).\nThe testimony at the hearing was taken and transcribed by Henry P. Keefe, who has submitted a statement for his services in the amount of $41.90. This statement appears reasonable for the services rendered.\nAn award is, therefore, entered in favor of Henry P. Keefe, for taking and transcribing testimony in the amount of $41.90, payable forthwith.\nThe 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": "Delaney, J."
      }
    ],
    "attorneys": [
      "John E. Sprague, Attorney for Claimant.",
      "Ivan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Eespondent."
    ],
    "corrections": "",
    "head_matter": "(No. 4212\nGilbert Wingerter, Claimant, vs. State of Illinois, Respondent.\nOpinion filed September 19, 1950.\nJohn E. Sprague, Attorney for Claimant.\nIvan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Eespondent."
  },
  "file_name": "0055-01",
  "first_page_order": 79,
  "last_page_order": 81
}