{ "id": 5340187, "name": "Mae Akin, widow, et al, Claimant, vs. State of Illinois, Respondent", "name_abbreviation": "Akin v. State", "decision_date": "1950-12-15", "docket_number": "No. 4270", "first_page": "189", "last_page": "191", "citations": [ { "type": "official", "cite": "20 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": [ { "cite": "385 Ill. 504", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5305723 ], "opinion_index": 0, "case_paths": [ "/ill/385/0504-01" ] }, { "cite": "318 Ill. 153", "category": "reporters:state", "reporter": "Ill.", "opinion_index": 0 }, { "cite": "286 Ill. 632", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 4934816 ], "opinion_index": 0, "case_paths": [ "/ill/286/0632-01" ] }, { "cite": "279 Ill. 11", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 4881786 ], "opinion_index": 0, "case_paths": [ "/ill/279/0011-01" ] } ], "analysis": { "cardinality": 282, "char_count": 3915, "ocr_confidence": 0.665, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.15812099469891874 }, "sha256": "c9d300e0707c780b188ce7bfa54b1df773bcf95e8f7c53b39c8f3a7573821585", "simhash": "1:73f9a49e3c6f9ab3", "word_count": 670 }, "last_updated": "2023-07-14T22:49:12.522107+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Mae Akin, widow, et al, Claimant, vs. State of Illinois, Respondent." ], "opinions": [ { "text": "Delaney, J.\nThe claimant, Mae Akin, widow of Russell Akin, filed her complaint on February 11, 1950, seeking an award under the Workmen\u2019s Compensation Act for the death of her husband on July 21, 1949, as a result of injuries sustained on July 18, 1949 in an automobile accident, arising out of and in the course of decedent\u2019s employment by the respondent. At the time of his death, Russell Akin was employed by the Department of Revenue of the State of Illinois as an investigator.\nAt the time the accident occurred, Mr. Akin was on his way to Springfield. Mr. Don Irving, an employee of the Secretary of State, was driving the automobile at the time the accident occurred, approximately five miles east of Jacksonville, Illinois. Mr. Irving was driving a 1949 Ford automobile, which was owned by the State of Illinois at the time of the accident. Mr. Akin and Mr. Irving had made an arrangement between themselves to go to Springfield. Mr. Akin\u2019s work required him to travel. He normally used his own ear, and was allowed mileage by the State of Illinois for the use of his car in his employment.\nThe record consists of the complaint, departmental report, transcript of evidence, statement, brief and argument of claimant, and statement, brief and argument of respondent.\nThe record shows that Mr. Akin intended to visit the office of Charles V. Morris, the Supervisor of Investigation of the Department of Revenue, while in Springfield. The claimant, however, does not deny the rule of the department in which the deceased worked, which precluded the deceased from traveling to Springfield as a part of his employment in the department. The rule is set forth as a part of the Departmental Report, which has been made a part of the record. The provision is as follows:\n(D) Contacting the Springfield Office\n\u201cWhen you find it necessary to make a trip to the Springfield Office, you must first submit your request in writing to the office, explaining your reason for coming in, and, upon receipt of this letter, we will notify you whether or not the trip may be made. It is necessary that you adhere to this policy if you expect to be reimbursed for your trip to Springfield. Attach a copy of such requests to your monthly expense account.\nYou are not to contact the Springfield Office by telephone except in unusual instances where a letter will not accomplish the end desired. Take up everything possible with the field supervisor.\u201d\nThe Claimant makes no proof that the deceased complied with this rule, nor does she deny that the rule existed. The claimant contends that certain evidence was improperly excluded. However, we do not feel that this would change the opinion of the Court.\nIt is a well established rule that an employee, who receives injuries while performing acts prohibited by the rule of the employer, is not entitled to compensation.\nDietzen v. Ind. Bd., 279 Ill. 11;\nNelson Construction Co. v. Ind. Com., 286 Ill. 632;\nLumaghi Coal Co. v. Ind. Com., 318 Ill. 153;\nSteel Corporation v. Ind. Com., 385 Ill. 504;\nPaluchowski v. State, 9 C.C.R. 492.\nOne who is employed to work in a certain field of endeavor, who departs from that work without authority, and is injured in such work, is not entitled to an award under the provisions of the Workmen\u2019s Compensation Act. The death of decedent did not arise out of and in the course of his employment.\nAward is denied, and the complaint dismissed.\nHenry P. Keefe, reporter, has rendered a statement for $27.20 for the reporting and transcribing of the notes.\nAn award is, therefore, entered in favor of Henry P. Keefe for reporting and transcribing the testimony in this case in the amount of $27.20.", "type": "majority", "author": "Delaney, J." } ], "attorneys": [ "Wayne P. Williams, Attorney for Claimant.", "Ivan A. Elliott, Attorney General; C. Arthur Rebel, Assistant Attorney General, for Respondent." ], "corrections": "", "head_matter": "(No. 4270\nMae Akin, widow, et al, Claimant, vs. State of Illinois, Respondent.\nOpinion filed December 15, 1950.\nWayne P. Williams, Attorney for Claimant.\nIvan A. Elliott, Attorney General; C. Arthur Rebel, Assistant Attorney General, for Respondent." }, "file_name": "0189-01", "first_page_order": 213, "last_page_order": 215 }