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ADE v. STATE

Court of Claims of Illinois

September 14, 1943, Opinion Filed

No. 3429

Opinion

 [*1]  ECKERT, J.

 [*2]  Claimant, Mary Ade, is the widow of Lester Ade, deceased, who was formerly employed by the Department of Public Welfare of the State of Illinois as an attendant at the Manteno State Hospital. During the month of August, 1939, in the course of his employment, the deceased was required to attend a patient who had contracted typhoid fever; as a result, on August 10, 1939, the deceased also contracted the disease and died on August 29, 1939.

The deceased was confined to the hospital ward of the Manteno State Hospital from August 14, 1939, to August 17, 1939; on August 22, 1939, he was removed to St. Mary's Hospital, Kankakee, Illinois, where he remained until his death; his illness and death necessitated medical services in the amount of $ 68.00, nursing services in the amount of $ 91.00, hospital services in the amount of $ 111.65, and funeral expenses in the amount of $ 270.00. The earnings of the deceased during the year preceding his death were $ 752.40. The [**2]  claimant seeks an award in the amount of four times the average annual earnings of the deceased, plus the medical, hospital and nursing services, and funeral expenses, in the total sum of $ 3,550.25.

At the time of his illness, the deceased and the respondent were operating under the provisions of the Workmen's Compensation Act of this State, and notice of the illness and claim for compensation were made within the time provided by the Act. It is stipulated that a typhoid fever epidemic existed at the Manteno State Hospital, from July 10, 1939, to December 10, 1939.

] Compensation is payable under the provisions of the Workmen's Compensation Act for death from typhoid fever if the disease was accidentally contracted by the  [*3]  deceased. Rissman & Son, vs. Industrial Commission, 323 Ill. 459. Under the decision in that case, it appears that typhoid fever may be said to be accidentally contracted if it is an unforeseen or unexpected event of which a person's own misconduct is not the natural and proximate cause and which does not ordinarily and naturally result from his conduct. The manner in which the disease is contracted is thus material in determining whether [**3]  or not it was contracted accidentally. The court there held that the contraction of typhoid fever by the deceased from the drinking of water furnished by the defendant was unexpected and not foreseen by her, and might therefore be said to be accidental. The deceased in this case, in pursuance of his duties as an attendant at the Manteno State Hospital, was placed in charge of a patient who subsequently died of typhoid fever. The contraction of the disease by the deceased from the pursuance of his duties was as unexpected and as unforeseen by him as was the contraction of the disease by the deceased employee in the Rissman case. There is no suggestion in the record that it was a result of his own misconduct. The contraction of typhoid fever by the deceased, Lester Ade, may therefore be said to have been accidental.

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13 Ill. Ct. Cl. 1 *; 1943 Ill. Ct. Cl. LEXIS 1 **

MARY ADE, Claimant, vs. STATE OF ILLINOIS, Respondent.

Disposition:  [**1]  Claimant awarded, $ 578.88.

CORE TERMS

deceased, contracted, typhoid fever, Claimant, accidental, deceased employee, Workmen's Compensation Act, attendant, disease

Torts, Elements, Causation, General Overview, Workers' Compensation & SSDI, Compensability, Injuries, Accidental Injuries, Benefit Determinations, Death Benefits, Course of Employment, Activities Related to Employment, Personal Comfort Doctrine, Injuries, Arising Out of Employment, Causation, Business & Corporate Compliance, Workers' Compensation & SSDI, Course of Employment, Dependents