Eddards v. Illinois Workers' Compensation Comm'n
2017 IL App (3d) 150757WC
| Ill. App. Ct. | 2017Background
- Claimant Ashley Eddards alleged a right-shoulder work injury on Nov. 21, 2010 and filed for benefits; arbitration was held and the arbitrator awarded TTD, PPD, and medical expenses.
- Arbitrator’s August 29, 2013 decision awarded medical expenses of $34,177.75 but respondent asserted the correct payable amount was $5,163.20 because other charges were adjusted.
- Respondent moved under 820 ILCS 305/19(f) to recall/correct the arbitrator’s decision; arbitrator granted the motion and issued a corrected decision on Oct. 9, 2013 stating medical expenses of $5,163.20.
- Respondent then filed a petition for review on Nov. 5, 2013 that referenced the arbitrator’s original (Aug. 29) decision rather than the corrected (Oct. 9) decision.
- The Illinois Workers’ Compensation Commission reversed the arbitrator on the merits; the circuit court confirmed. On appeal, claimant argued the Commission lacked jurisdiction because respondent appealed the wrong (original) decision instead of the corrected decision.
- The appellate court focused on whether respondent strictly complied with section 19(b)/(f) timing/form rules for perfecting review after a corrected decision, and whether the Commission therefore had jurisdiction.
Issues
| Issue | Eddards' Argument | Heritage Manor's Argument | Held |
|---|---|---|---|
| Whether the Commission had jurisdiction because respondent sought review of the arbitrator’s original decision instead of the corrected decision after a §19(f) recall | Respondent’s petition was defective because it appealed the non-final original decision; strict compliance with §19(f) required appealing the corrected decision within 30 days | Respondent argued it timely filed within 30 days of receipt of the corrected decision and the date error was a typographical/scrivener mistake that did not defeat jurisdiction | Court held respondent failed to strictly comply with §19(b)/(f); petition referenced a non-final decision and did not perfect review of the corrected decision, so Commission lacked jurisdiction; arbitrator’s corrected decision became final |
Key Cases Cited
- Campbell-Peterson v. Industrial Comm’n, 305 Ill. App. 3d 80 (Ill. App. 1999) (requires strict compliance with §19(f); failure to file from corrected decision deprives Commission of jurisdiction)
- Schulz v. Forest Preserve District of Cook County, 344 Ill. App. 3d 658 (Ill. App. 2003) (reaffirms strict compliance with §19(f) and notice purpose—petition must be from corrected decision)
- Garcia v. Industrial Comm’n, 95 Ill. 2d 467 (Ill. 1983) (corrected decision, if not timely appealed, becomes decision of Commission and is conclusive)
- International Harvester v. Industrial Comm’n, 71 Ill. 2d 180 (Ill. 1978) (when §19(f) correction is sought, Commission decision is not final until correction resolved)