{
  "id": 5340451,
  "name": "Byron E. Jones, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Jones v. State",
  "decision_date": "1951-01-09",
  "docket_number": "No. 4325",
  "first_page": "204",
  "last_page": "206",
  "citations": [
    {
      "type": "official",
      "cite": "20 Ill. Ct. Cl. 204"
    }
  ],
  "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": 257,
    "char_count": 3364,
    "ocr_confidence": 0.604,
    "sha256": "5d57b77dce18256ccb9479d08ec6f3d93cdc528469337204e2723c28d3db7907",
    "simhash": "1:c02aa3860bfae6cb",
    "word_count": 565
  },
  "last_updated": "2023-07-14T22:49:12.522107+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Byron E. Jones, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Delaney, J.\nClaimant, Byron E. Jones, filed his complaint for compensation under the Workmen\u2019s Compensation Act for an injury to the third finger of his right hand sustained while employed by respondent in the Department of Public Welfare at the Lincoln State School and Colony in Lincoln, Illinois.\nOn April 18, 1950, claimant was a pastry cook in the institution bakery; and, while cleaning a brush on the electric -flour sifter, someone, accidentally pressed the button which starts the machine. The force of the moving-brush pushed his right hand against the metal edge of the clean out opening.\nA medical examination was made by Dr. William W. Fox and the following was found:\n1. Flexion contracture 45\u00b0 at distal interphalangeal joint right ring finger with inability either to extend or flex distal phalanx. Full motion present at proximal interphalangeal joint and at metacarpophalangeal joint.\n2. Scars (2) 1 inch long on lateral surface and one lYz inches long extending from lateral surface of right ring finger .at distal interphalangeal joint to and around finger to lateral surface on palmar aspect of finger.\nThe record consists of the complaint, departmental report, transcript of evidence, and stipulation waiving briefs of both parties.\nThere is no question of jurisdiction raised in the record, and we find from the evidence that claimant was injured out of and during the course of his employment.\nAt the time of the injury, claimant was married, and had five children under eighteen years of age dependent upon him for support. He earned a total of $1,-633.00 for the year immediately preceding his injury. His compensation rate, therefore, would be $20.00 per week. However, as the injury was incurred after July 1, 1949, this must be increased 50 per cent, making his compensation rate $30.00 per week.\nFrom the record and the examination of the commissioner, claimant has suffered the entire loss of use of the distal phalanx of the third finger on his right hand.\nWe are of the opinion claimant is entitled to an award for. 33% per cent loss of use of the third finger of the right hand. Under Section 8, Paragraph (e-4) and Paragraph (j) as increased by Paragraph (n), this would be 8Vs weeks at $30.00 per week or $250.00. The claimant was temporarily totally disabled for a period of eight days,- or one and one-seventh weeks. Respondent paid him full salary which amounted to $44.62. The sum of $10.33 must be deducted from the award for non-productive time.\nAn award is, therefore, made in favor of the claimant, Byron E. Jones, in the sum of $250.00, less the sum of $10.33 paid for non-productive time, or the sum of $239.67, all of which has accrued and is payable forthwith.\nMary Kelly, Court Reporter, was employed to take and transcribe the \u25a0 testimony, for which she made a charge of $16:45. We find that this charge is fair, reasonable and customary.\nAn award is, therefore, entered in favor of Mary Kelly in the sum of $16.45.\nThis 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": [
      "Robert W. McCarthy, Attorney for Claimant.",
      "Ivan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 4325\nByron E. Jones, Claimant, vs. State of Illinois, Respondent.\nOpinion filed January 9, 1951.\nRobert W. McCarthy, Attorney for Claimant.\nIvan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Respondent."
  },
  "file_name": "0204-01",
  "first_page_order": 228,
  "last_page_order": 230
}