{
  "id": 2771824,
  "name": "James Marsaglia, Claimant, vs. State of Illinois, Respondent",
  "name_abbreviation": "Marsaglia v. State",
  "decision_date": "1951-10-05",
  "docket_number": "No. 4384",
  "first_page": "87",
  "last_page": "90",
  "citations": [
    {
      "type": "official",
      "cite": "21 Ill. Ct. Cl. 87"
    }
  ],
  "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": 321,
    "char_count": 4855,
    "ocr_confidence": 0.603,
    "sha256": "ee1ea278bc96836ea39fdb69204c01b921863b367dd22e5313d964a24ba75c7e",
    "simhash": "1:178afe55504329ca",
    "word_count": 807
  },
  "last_updated": "2023-07-14T19:47:05.247333+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "James Marsaglia, Claimant, vs. State of Illinois, Respondent."
    ],
    "opinions": [
      {
        "text": "Delaney, J.\nClaimant, James Marsaglia, seeks to recover from respondent under the Workmen\u2019s Compensation Act for the loss of the distal end of his right ring finger, as the result of an accident that arose out of and in the course of his employment as a temporary equipment operator for the Division of Highways.\nMr. James Marsaglia was 23 years of age, married, and resided in the Village of Auburn, Sangamon County, on May 17, 1950, the date of the injury complained of. He informed the Division of Highways that there were no children under 18 years of age dependent upon him for support.\nHe was first employed by the Division of Highways on January 16, 1950 as a common laborer, and at a wage rate of $1.00 an hour. With the exception of the period from March 30 to May 1, 1950, inclusive, Mr. Marsaglia was employed continuously by the Division of Highways, weather permitting, and work being available, from the date of his first employment until May 17, 1950, the date of his injury. During this period, Mr. Marsaglia was occasionally employed as a temporary equipment operator, and, when so employed, was paid a wage of $1.20 an hour. The Division paid Mr. Marsaglia $606.40 in wages during his period of employment.\nOn May 17, 1950, Mr. Marsaglia was using a Divison truck for the purpose of hauling dirt to be used in leveling shoulders on S.B.I. Route No. 29 at a point about 34 mile north of Sharpsburg in Sangamon County. At approximately 2:00 P.M., that day, Mr. Marsaglia was cleaning out the last of a load of clotted dirt and sod from the truck he was driving. To do this, he swung the endgate back and forth. While swinging the endgate, he caught his right ring finger between the endgate and the truck body, severely crushing the distal end of the finger.\nHe was taken to Dr. H. M. Wolfe, Taylorville, for such treatment as the doctor should advise.\nOn May 18, 1950, Dr. Wolfe submitted the following report to the Division of Highways :\n\u201cDistal end of right ring finger mashed, amputated near joint. Treatment\u2014 At St. Vincent\u2019s Hospital, Taylorville, Illinois. Distal end of right ring finger amputated near joint. X-Rays \u2014 No. Remarks \u2014 After recovering from anesthetic, patient left hospital about 5 P.M. Estimated date of discharge \u2014 About 2-3 weeks. Estimated date of ability to return to work \u2014 Is going to do flag work on road. What permanent disability do you expect? \u2014 Loss of end of right ring finger. Date patient was discharged \u2014 Not discharged.\u201d\nDr. Wolfe sent the following final report to the Division on June 26, 1950:\n\u201cNature of Injury \u2014 Distal end of right ring finger mashed. Treatment \u2014 Removed distal end of right ring finger just distal to joint. Antiseptic dressings. X-Rays \u2014 No. Date patient was discharged \u2014 June 26, 1950. Permanent disability \u2014Loss of end of right ring finger.\u201d\nMr. Marsaglia returned to work the day following the amputation of his finger by Dr. Wolfe. Therefore, he was not paid compensation for total temporary disability.\nThe Division has paid the following creditors because of Mr. Marsaglia\u2019s injury: Dr. H. M. Wolfe, Taylorville \u2014 $41.00, and St. Vincent\u2019s Hospital, Taylorville \u2014 $22.75, totalling $63.75.\nAlthough claimant had worked for respondent for less than one year at the time of the accident, employees engaged in similar work earned far in excess of $1,560.00 per year. Claimant\u2019s compensation rate is, therefore, the maximum of $15.00. Since the accident occurred subsequent to July 1, 1949, this must be increased 50%, making his compensation rate $22.50.\nThe record consists of the complaint, Departmental Report, stipulation waiving briefs of both parties, and transcript of the evidence.\nNo jurisdictional question is raised. Respondent and claimant were operating under the Workmen\u2019s Compensation Act.\nClaimant is entitled to an award for 50% loss of his right third, or ring finger, and under Section 8, Paragraph (e) (4) of the Workmen\u2019s Compensation Act weeks at his compensation rate of $22.50 per week, or the sum of $281.25.\nAn award is, therefore, hereby entered in favor of claimant, James Marsaglia, in the amount of $281.25, which is payable forthwith.\nHarry L. Livingstone was employed to take and transcribe the testimony in support of this claim, for which he made a charge of $17.40. We find this charge to be fair, reasonable and customary for the services rendered.\nAn award is, therefore, hereby entered in favor of Harry L. Livingstone in the sum of $17.40.\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": [
      "James Marsaglia, Claimant, pro se.",
      "Ivan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Respondent."
    ],
    "corrections": "",
    "head_matter": "(No. 4384\nJames Marsaglia, Claimant, vs. State of Illinois, Respondent.\nOpinion filed October 5, 1951.\nJames Marsaglia, Claimant, pro se.\nIvan A. Elliott, Attorney General; C. Arthur Nebel, Assistant Attorney General, for Respondent."
  },
  "file_name": "0087-01",
  "first_page_order": 119,
  "last_page_order": 122
}