Repository: UIHistories Project: Board of Trustees Minutes - 1978 [PAGE 491]

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478

BOARD OF TRUSTEES

[November 18

that Dr. Hassad's widow will testify that Dr. Hassad left home at approximately 7:30 a.m. on the morning of February 16, and his time of departure will be corroborated by a neighbor. The widow asserts that Dr. Hassad frequently did work at the Rockford School of Medicine in the morning before going to the Shappert Center and, further, that at the time of leaving home on the day in question Dr. Hassad told her he was going to the library at the Rockford School of Medicine to do some research. University records indicate that Dr. Hassad customarily submitted and was paid travel expenses from the Rockford School of Medicine to the Shappert Center, which reimbursements could be made only if he began his work day by visiting the Rockford School of Medicine. No direct evidence has been discovered to account for Dr. Hassad's precise whereabouts from the time he left home on February 16 to the time of the accident approximately two hours later. The general rule is that accidents which occur while the employee is going to or from his place of employment are not compensable under the workmen's compensation law, the reason being that the employee's trip to and from work is the product of the employee's own decision as to where he wants to live, a matter in which the employer ordinarily has no interest. The burden of proof is on those claiming through the employee to show that an accident arises out of and in the course of the employment. If Dr. Hassad's representatives can produce some evidence to prove to the satisfaction of the commission that on the morning in question he did visit the Rockford School of Medicine as a part of his University duties and then traveled toward Shappert Center in Belvidere to perform other University duties, the representatives will receive an award under the Workmen's Compensation Act. On the other hand, if the facts are that Dr. Hassad was attending to personal affairs before proceeding to Belvidere on that morning, there would be no recovery. Dr. Hassad was a Syrian national, and it is believed that his widow (aged twenty-three) is also a Syrian national. Dr. Hassad's three surviving children (ages four, two, and three months) are United States citizens by birth. In the event of an award, it would be payable by the University at the rate of $15,818.92 per year. The University's liability exposure under the Workmen's Compensation Act could exceed $800,000 if the surviving widow lives to the age of seventy-four. If the widow should die immediately, but the youngest child survives to the age of eighteen years, the award would require the University to pay out approximately $275,000.00 over a 17V4-year period. As a result of negotiations the entire matter can be settled by the payment of $90,000.00. While the right of the claimants to recover any amount is not clear. the uncertainty and unpredictability of the findings of the Illinois Industrial Commission, and the expense involved in defending against the claim before the Illinois Industrial Commission and any subsequent appeals to the courts are factors which must be considered. The university counsel has recommended that the settlement of the matter for $90,000.00 be accomplished. This recommendation is concurred in by the Committee on Accident Compensation, and the settlement is also recommended by the vice president for administration. Funds for the settlement are available in the state appropriation for FY 1978 to the University for claims under the Workmen's Compensation and Occupational Diseases Acts. I concur in these recommendations and request that authorization be given for the settlement as outlined above.

The student advisory vote was: Aye, Miss Conlon, Mr. Overstreet, Miss Winter; no, none. On motion of Miss Winter, this recommendation was approved, and authority was given as requested by the following vote: Aye, Mr. Forsyth, Mr. Hahn, Mr. Howard, Mr. Lenz, Mr. Livingston, Mrs. Rader, Mrs.