Matecny v. Vielding Steel Works

187 Ill. App. 448
CourtAppellate Court of Illinois
DecidedJuly 2, 1914
DocketGen. No. 19,350
StatusPublished
Cited by10 cases

This text of 187 Ill. App. 448 (Matecny v. Vielding Steel Works) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matecny v. Vielding Steel Works, 187 Ill. App. 448 (Ill. Ct. App. 1914).

Opinion

Mr. Justice Scanlan

delivered the opinion of the court.

The appellant relies for a reversal of the judgment upon the following alleged errors :

First. The court erroneously refused to hold the four propositions of law submitted by the appellant.

Second. It was error for the court under the admitted facts of the case to enter an order and judgment that the entire compensation be paid in a lump sum.

"The Workmen’s Compensation and Employers’ Liability Act, under which the proceedings in this case were brought, was approved June 10, 1911, and went into force May 1, 1912. (J. & A. fíj[ 5449 et seq.) The title of the act reads as follows: “To promote the general welfare of the people of this State by providing compensation for accidental injuries or death suffered in the course of employment.” The sections of the act material to the present inquiry are as follows:

‘ ‘ Section 4. The amount of compensation which the employer who accepts the provisions of this Act shall pay for injury to the employe, which results in death, shall be:
a. If the employe leaves any widow, child or children, or parents or other lineal heirs to whose support he had contributed within five years previous to the time of Ms death, a sum equal to four times the average annual earnings of the employe, but not less in any event than one thousand five hundred dollars, and not more in any event than three thousand five hundred dollars. Any weekly payments, other than necessary medical or surgical fees, shall be deducted in ascertaining such amount payable on death.
b. If the employe leaves collateral heirs dependent upon Ms earnings, such a percentage of the sum provided in section ‘a’ as the contributions which deceased made to the support of these dependents bore to his earnings.
c. If the employe leaves no widow or child or children, parents or lineal or collateral heirs dependent upon his earnings, a sum not to exceed one hundred and fifty dollars for burial expenses.
d. - All compensation provided for in this section to be paid in case injury results in death, shall be paid in instalments equal to one-half of the average earnings, at the same intervals at which the wages or earnings of the employe were paid while he was living; or if this shall not be feasible, then the installments shall be paid weekly.
e. The compensation to be paid for injuries which result in death, as provided for in this section, shall be paid to the personal representative of the deceased employe and shall be distributed by such personal rep.resentative to the beneficiaries entitled thereto, in accordance with the laws of this State relatmg to the descent and distribution of personal property.” (J. & A. 1i 5452.)
“Sec. 5%. Any person entitled to compensation under this Act, or any employer who shall be bound to pay compensation under this Act, who shall desire to have such compensation or any part thereof, paid in a lump sum, may petition any court of competent jurisdiction of the county in which the employe resided or worked at the time of disability or death, asking that such compensation be so paid, and if upon proper notice to the interested parties, and a proper showing made before such court, it appears to the best interest of the parties that such compensation he so paid, the court shall order payment of a lump sum, and where necessary, upon proper application being made, a guardian, conservator or administrator, as the case may be, shall be appointed for any person under disability who may be entitled to any such compensation, and an employer bound by the terms of this Act, and liable to pay such compensation, may petition for such appointment where no such legal representatives have been appointed or acting for such party or parties so under disability.” (J. & A. j]' 5454.)
“Sec. 11. * * * Any right to receive compensation hereunder shall be extinguished by the death of the person or persons entitled thereto, subject to the provisions of this Act relative to compensation for death received in the course of employment. * * ” (J. & A. tf 5460.)

The present act under consideration must not be confused with the later Workmen’s Compensation Law of 1913.

The four propositions of law submitted to the court and marked “refused” are as follows:

“1. The court holds as a matter of law that the word beneficiaries as used in section 4-e of an act entitled, ‘An act to promote the general welfare of the people of this State by providing compensation for personal injuries or death suffered in the course of employment,’ approved June 10, 1911, in force May 1, 1912, refers to lineal heirs and collateral heirs dependent upon deceased’s earnings referred to in paragraphs a and b of the same section.
2. The court holds as a matter of law that in this case the sole beneficiary entitled to receive compensation under section 4 of an act entitled, ‘An act to promote the general welfare of the people of this State by providing compensation for accidental injuries or death suffered in the course of employment,’ approved June 10, 1911, in force May 1, 1912, is the mother of the deceased, Marie Matecny.
3. The court holds as a matter of law that where an employe sustains an injury which results in death, under circumstances which require the employer to pay compensation under the provisions of an act entitled, ‘An act to promote the general welfare of the people of this State by providing compensation for accidental injuries or death suffered in the course of employment,’ approved June 10, 1911, and in force May 1, 1912, and leaves a mother to whose support he has contributed within five years previous to the time of his death, and collateral heirs who were not dependent upon his earnings as his sole heirs at law the weekly payments provided in section 4-d of the said act are payable to the administrator during the lifetime of the mother, and if the mother shall die before the payments provided by section 4-a and 4-d of the said law are completed, the employer shall not be liable to make further payment after the death of the mother.
4. The court holds as a matter of law that where an employe sustains injuries which result in his death, under circumstances which require the employer to pay compensation under the terms of an act entitled, ‘An act to promote the general welfare of the people of this State by providing compensation for accidental injuries or death suffered in the course of employment,’ approved June 10, 1911, and in force May 1, 1912, and leaves surviving him a mother to whose support he has contributed within five years previous to the time of his death, and collateral heirs who were not dependent upon his earnings, as his sole heirs at law, and where said mother was at the time of the injury and death 58 years of age and an invalid, the court will not order the compensation provided by section 4-a of the said act to be paid in a lump sum under the provisions of section 5% of the said act.”

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187 Ill. App. 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matecny-v-vielding-steel-works-illappct-1914.