{
  "id": 5340283,
  "name": "Dewey E. Stowe, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Stowe v. State",
  "decision_date": "1950-09-19",
  "docket_number": "No. 4286",
  "first_page": "95",
  "last_page": "97",
  "citations": [
    {
      "type": "official",
      "cite": "20 Ill. Ct. Cl. 95"
    }
  ],
  "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": 282,
    "char_count": 3558,
    "ocr_confidence": 0.584,
    "sha256": "3a7cdc0eefd19697e3f2d8c90e3fb1f33f35f1a31cecbd3fc6a563b65367bd97",
    "simhash": "1:1538b9960c488c89",
    "word_count": 597
  },
  "last_updated": "2023-07-14T22:49:12.522107+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Dewey E. Stowe, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Lansden, J.\nClaimant, Dewey E. Stowe, seeks to recover from respondent for the loss of his right index finger as a result of an accident arising out of and in the course of his employment as a highway section man in the Division of Highways, Department of Public Works and Buildings.\nOn June 6, 1949, claimant was operating a power mower along State Aid Route No. 18 in Iroquois County. The cutter bar on such mower slipped out of operating alignment, and, while trying to place the cutter bar in operating position, the sickle in the cutter bar moved, catching claimant\u2019s right index finger.\nThe soft tissues of such finger were severely lacerated, all tendons thereof were severed, and the third phalanx of the finger was fractured. On July 11, 1949, after the splint was removed, claimant, who had been instructed by his attending physician to do so, was forcibly exercising his finger, and, in so doing, the sutured tendons were torn apart, and the finger refractured. As a result of this therapeutic misfortune, claimant\u2019s right index finger became deformed, swollen, painful in some portions, numb in others, and useless. In fact, the finger interfered with the function of claimant\u2019s right hand as a whole.\nOn August 24, 1949, claimant\u2019s right index finger was amputated at its base where said finger joined the palm of his hand, or in medical terminology at the metatarsophalangeal joint.\nNo jurisdictional questions are involved, and claimant is entitled to an award under Section 8 (e) (2) of the Workmen\u2019s Compensation Act for the permanent and complete loss of his first or index finger. Respondent has furnished and paid for all medical treatment and hospitalization required.\nOn the date of his injury claimant was 50 years of age, married, but had no children under 16 years of age dependent upon him for support. . 1\nClaimant had worked for respondent only since February 18,1949, at a salary of $203.00 per month, and until his injury had received $729.35. However, under Section 10 of the Workmen\u2019s Compensation Act, claimant is held to have earned considerably in excess of $1,560.00 per year, and his rate of compensation is, therefore, $19.50 per week.\nClaimant was totally disabled from the date of his injury to and including June 19, 1949, on August 15, 1949, and from August 24 through September 11, 1949. At all other times claimant performed services for respondent, and was paid full salary. For the 33 day period of temporary total disability claimant was paid $150.23 when he should have been paid only $91.93. He was thus overpaid $58.30.\nJuanita O. Craig, Danville, Illinois, was employed to take and transcribe the testimony before Commissioner Wise. Her charges amounting to $21.30 are fair and reasonable, and an award is entered in her favor for such amount.\nAn award is entered in favor of claimant, Dewey E. Stowe, under1 Section 8(e) (2) of the Workmen\u2019s Compensation Act for 40 weeks at $19.50 for the complete and permanent loss of his first or index finger in the amount of $780.00, from which should be deducted the overpayment of $58.30, leaving a net award of $721.70, all of which has accrued and is 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": "Lansden, J."
      }
    ],
    "attorneys": [
      "Dewey E. Stowe, Claimant, pro se.",
      "Ivan A. Elliott, Attorney General; C.. Abthub, Nebel, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 4286\nDewey E. Stowe, Claimant, vs. State of Illinois, Respondent.\nOpinion filed September 19, 1950.\nDewey E. Stowe, Claimant, pro se.\nIvan A. Elliott, Attorney General; C.. Abthub, Nebel, Assistant Attorney General, for Respondent."
  },
  "file_name": "0095-01",
  "first_page_order": 119,
  "last_page_order": 121
}