{
  "id": 5338259,
  "name": "Clarence C. Diver, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Diver v. State",
  "decision_date": "1951-03-09",
  "docket_number": "No. 4348",
  "first_page": "253",
  "last_page": "255",
  "citations": [
    {
      "type": "official",
      "cite": "20 Ill. Ct. Cl. 253"
    }
  ],
  "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": 341,
    "char_count": 4741,
    "ocr_confidence": 0.601,
    "sha256": "32e83dd3f69fb175842b21d4482ee9316b55fff4b039b148d9b0906f582a910a",
    "simhash": "1:41a6af684bf3b950",
    "word_count": 823
  },
  "last_updated": "2023-07-14T22:49:12.522107+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Clarence C. Diver, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Delaney, J.\nThis is a claim of Clarence ,C. Diver against' the respondent, the State of Illinois, for personal injury sustained on April 17, 1950.\nThe complaint alleges that Mr. Diver and his foreman drove a Division of Highway\u2019s truck to the Rock Island Railroad Depot in Chillicothe, Peoria County, Illinois, to secure a load of drums of asphalt, which was to be moved to a Division storage yard. The truck was backed up to a box car. Mr. Diver stepped between the rear end of the truck and the box car to hand a crowbar to a fellow employee in the box car. While standing between the truck and the box car, the empty truck began to roll backwards. Mr. Diver attempted to hold the truck with his hands. The backward motion of the truck forced his elbows against the side of the box car, fracturing the bone of the lower right arm.\nMr. Diver\u2019s foreman took him to Dr. H. Y. Thomas of Chillicothe, who examined Mr. Diver, and sent him to Dr. Hugh Cooper, a specialist in orthopedic surgery, in Peoria.\nOn April 19, 1950 Dr. Thomas sent the following report to the Division of Highways:\n\u201cNature of injury \u2014 Fragment broken off lower condyle right humerus.\u201d\nOn April 25, 1950 Dr. Hugh Cooper reported as follows:\n\u201cNature of injury \u2014 Fracture of head of the right radius. Treatment\u2014 Operated April 24, 1950. Arthrotomy and removal of the head of the radius.\u201d\nOn May 31, 1950 and on August 3, 1950, Dr. Hugh Cooper reported to the Department that claimant suffered probably a 20 per cent permanent loss of function of his right arm.\nA medical report of Dr. Harold F. Diller, wherein the doctor stated claimant had suffered a 30 per cent permanent, partial loss of use of the right arm, was introduced into the record by stipulation.\nMr. Diver was 28 years of age, married, and had one child under 16 years of age. Claimant earned $2,329.03 in the year preceding his injury.\nThe record consists of the complaint, departmental report, stipulation waiving briefs of both parties, transcript of evidence and claimant\u2019s Exhibit No. 1, being the report of Dr. Diller, which was stipulated into record.\nThere is but one question, therefore, for this Court to determine \u2014 that is 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 the State of Illinois, Section 8, Paragraph (e) 13.\nReviewing the opinion of Dr. Hugh Cooper and Dr. Harold F. Diller, and considering the age of claimant\u2014 28 years, .and the fact that he has some limitation in movement, and there is no control movement in his right elbow, we feel Mr. Diver sustained a permanent impairment estimated to be in the neighborhood of 25 per cent loss of use of bis right arm.\nMr. Diver was totally disabled because of this injury from April 18 to May 1, 1950, inclusive. He was paid full salary for this lost time in the amount of $92.19. He returned to work on May 2, 1950. The Division paid the following creditors in connection with the injury of Mr. Diver: Dr. H. V. Thomas, Chillicothe, $3.00; Dr. Hugh Cooper, Peoria, $130.00; and St. Francis Hospital, Peoria, $95.40, making a total of $228.40.\nNo jurisdictional questions were raised.\nClaimant is entitled to 25 per cent partial, permanent loss of use of his right arm being 56% weeks, at the maximum rate of $15.00 per week. The injury having occurred after July 1, 1949, this must be increased 50 per cent, making a compensation rate of $22.50 per week, or a total of $1,265.63. Since his period of disability was less than 28 days, he should be allowed one week temporary total disability or $22.50.\nMary I. Reynolds took and transcribed the testimony, for which she submitted her charge of $43.50, which we find is fair, reasonable and customary.\nAn award is made to claimant, Clarence C. Diver, in the sum of $1,265.63 from which must be deducted the excessive payment for non-productive time in the amount of $69.69, leaving a balance of $1,195.94, payable to him as follows:\n$999.63 which has accrued, is payable forthwith;\n$196.31 is payable in weekly installments of $22.50 per week, beginning March 16, 1951, for a period of 8 weeks, with an additional final payment of $16.31.\nAn award is also made to Mary I. Reynolds in the sum of $43.50, payable forthwith.\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": [
      "McConnell, Kennedy and McConnell, Attorneys for Claimant.",
      "Ivan A. Elliott, Attorney General; C. Aethtje Nebel, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 4348\nClarence C. Diver, Claimant, vs. State of Illinois, Respondent.\nOpinion filed March 9, 1951.\nMcConnell, Kennedy and McConnell, Attorneys for Claimant.\nIvan A. Elliott, Attorney General; C. Aethtje Nebel, Assistant Attorney General, for Respondent."
  },
  "file_name": "0253-01",
  "first_page_order": 277,
  "last_page_order": 279
}