Gerish v. Feldman
| Decision Date | 21 January 1943 |
| Docket Number | No. 26797.,26797. |
| Citation | 381 Ill. 635,46 N.E.2d 65 |
| Parties | GERISH v. FELDMAN et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Cook County; John Prystalski, Judge.
Proceeding by James Gerish, for the use of the Walther Memorial Hospital, against Abraham Feldman and others brought before the Industrial Commission to have fixed the amount due the hospital for services rendered James Gerish on account of accidental injuries. To review the judgment rendered on an application for judgment filed with the circuit clerk, the defendants bring error and the plaintiff assigns cross-error.
Judgment affirmed.William Feldman, of Chicago, for plaintiffs in error.
Harrison & Harrison, of Chicago, for defendant in error.
James Gerish obtained an award against plaintiffs in error under the Workmen's Compensation Act, and after due hearing before the Industrial Commission a lump-sum settlement of $625 was authorized May 14, 1941, and said sum paid by plaintiffs in error.
Among other things the settlement contract stated all medical and surgical treatments were furnished by the employer. September 3, 1941, Walther Memorial Hospital, defendant in error, filed a petition with the Industrial Commission to have fixed the amount due it for services rendered James Gerish on account of the accidental injuries sustained while in the course of his employment. Plaintiffs in error were made parties to such proceeding. November 12, 1941, the commission fixed the reasonable charges of such hospital at the sum of $427, and certified that the probable cost of the record would be the sum of $20.
Plaintiffs in error did not comply with said order of the Industrial Commission, and January 21, 1942, Walther Memorial Hospital filed an application for judgment in the office of the circuit clerk of Cook county, praying that judgment be entered for the sum of $427, and for a reasonable attorney's fee and costs of the proceeding. Plaintiffs in error filed an answer attacking the jurisdiction of the Industrial Commission to enter the order charging them with the hospital bills, and alleged they had made a lump-sum settlement of $625, and that there was no authority in law for the hospital to have an additional sum allowed for its services. The cause was heard upon an application for judgment on the pleadings and judgment entered for $427 and costs of suit.
Plaintiffs in error are attempting in this proceeding to review the order of the Industrial Commission, allowing the hospital bill, by way of answer to the application for judgment authorized by section 19(g) of the Workmen's Compensation Act. Ill.Rev.Stat.1941, chap....
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Konczak v. Johnson Outboards, A Div. of Outboard Marine Corp.
... ... (Gerish v. Feldman (1943), 381 Ill. 635, 636, 46 N.E.2d 65, 66; St. Louis Pressed Steel Co. v. Schorr (1922), 303 Ill. 476, 478, 135 N.E. 766, 768; ... ...
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Ahlers v. Sears, Roebuck Co.
... ... (See, E. g., Gerish v. Feldman (1943), 381 Ill. 635, 46 N.E.2d 65; Dyer v. Industrial Com. (1936), 364 Ill. 161, 4 N.E.2d 82; Hartford Accident & Indemnity Co. v ... ...
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Ahlers v. Sears, Roebuck & Co., s. 76-1483
...the termination or diminution of his wage-earning ability. A differentiation is neither appropriate nor acceptable. In Gerish v. Feldman (1943), 381 Ill. 635, 46 N.E.2d 65, the supreme court accepted without comment the availability of a judgment under section 19(g) when an employer had def......
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