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Umberger v. Hospital Service Corp.

MARCH 10, 1972.

THALES UMBERGER ET AL., PLAINTIFFS-APPELLEES,

v.

HOSPITAL SERVICE CORPORATION ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Christian County; the Hon. BILL J. SLATER, Judge, presiding.

PER CURIAM:

The trial court of Christian County entered judgment in favor of the plaintiff and against the defendant Hospital Service Corporation in the amount of $737.19 and against the defendant Illinois Medical Service Corporation for the sum of $275.

Defendants contend in this appeal that plaintiff is excluded from benefits because the evidence before the trial court disclosed that plaintiff was entitled to hospital and medical benefits under the Illinois Workmen's Compensation Act. Hospital Service Corporation's certificate contains the following exclusion:

"IV. Exclusions of Benefits and Waiting Period(s):

(A) No Member shall be entitled to benefits in a Plan or Non-Plan Hospital for any of the following:

* * * (6) Care of injuries or diseases for which the Member is entitled to Hospital care, or for which he receives any award or settlement in any proceeding filed, under workmen's compensation or occupational diseases law of federal employers' liability laws."

and Illinois Medical Service Corporation's certificate contained the following exclusion:

"IV. Medical Expense Indemnity Excluded:

This Certificate does Not provide payment for or indemnity against:

(4) The services described in Article III if the Physician's, Dentist's or Podiatrist's care for such service is, or was, available to the Beneficiary receiving such service under any municipal, state or federal law or regulation, such as workmen's compensation if the veteran elects to receive services of a Physician, Dentist or Podiatrist provided by the government."

Defendant also contends that the trial court erred in not admitting into evidence the past recorded recollection of a witnss to a purported admission of plaintiff when he entered the hospital.

Plaintiff testified that on Saturday, May 13, 1967, he was employed at Carl's Garage in Pana, Illinois. It was customary to quit early on Saturdays, sometimes as early as 10:00 or 10:30 A.M. He worked until approximately 11:30 A.M., when he washed his hands and put his tools away. He then left the garage to go home, but after traveling about 20 feet, he decided he wanted to take his unionalls off, so he returned to the garage. He slipped on the walk just outside the garage door just as he started through the door. After he fell he was immediately hospitalized.

He denied on cross-examination that he told anyone at the emergency room in the hospital that he slipped on some grease and fell while walking across the garage floor.

• 1 Defendants attempted to prove by the testimony of a nurse who worked at the emergency room of the hospital to which plaintiff was taken that she made the following entry in her own ...


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