Eddards v. Illinois Workers' Compensation Comm'n
2017 IL App (3d) 150757WC
| Ill. App. Ct. | 2018Background
- Claimant Ashley Eddards sought workers’ compensation for a right-shoulder injury allegedly sustained on November 21, 2010 while employed by Heritage Manor Streator.
- Arbitrator (8/29/13) awarded TTD, PPD, and $34,177.75 in medical expenses; respondent moved under 19(f) to correct a clerical error regarding the medical award amount.
- Arbitrator granted recall and issued a corrected decision (10/9/13) reducing medical award to $5,163.20 (amount actually paid by IDPA).
- Respondent filed a petition for review on 11/5/13 that referenced the arbitrator’s original 8/29/13 decision rather than the 10/9/13 corrected decision.
- The Illinois Workers’ Compensation Commission reversed the arbitrator on the merits; the circuit court affirmed. Claimant appealed, arguing the Commission lacked jurisdiction because respondent failed to seek review of the corrected decision per section 19(f).
- Appellate court concluded respondent did not strictly comply with section 19(f); therefore the Commission lacked jurisdiction, vacated the Commission’s decision, and reinstated the arbitrator’s corrected decision.
Issues
| Issue | Eddards' Argument | Heritage Manor's Argument | Held |
|---|---|---|---|
| Whether Commission had jurisdiction where respondent filed for review of the arbitrator’s original decision after a corrected decision was issued under §19(f) | Petition for review of original decision was ineffective once corrected decision issued; respondent needed to seek review of corrected decision | Respondent argued it timely filed within 30 days after receipt of the corrected decision and the petition’s reference to original date was a typographical/substantial compliance error | Held: No jurisdiction. Strict compliance with §19(f) required; respondent’s petition did not seek review of corrected decision, so Commission lacked jurisdiction and corrected arbitrator decision became final |
| Whether the §19(f) error was a harmless typographical mistake | Argues formality cannot defeat substantial justice where notice satisfied | Argues mistake was merely typographical and substantial compliance should suffice | Held: Error not a mere scrivener’s mistake; statute’s explicit timing requirement controls and notice goal was not satisfied |
| Whether Commission’s merits reversal should stand if jurisdictional defect exists | N/A — argues jurisdictional defect compels reinstatement of corrected award | Commission’s merits decision should be upheld on the evidence | Held: Jurisdictional defect dispositive; merits decision vacated and arbitrator’s corrected award reinstated |
| Whether strict compliance with procedural filing requirements may be excused | N/A — insists strict compliance required | Urged liberal or substantial compliance given intent and receipt | Held: Strict compliance required; prior cases enforce strictness for §19(f) filings |
Key Cases Cited
- Campbell-Peterson v. Industrial Comm’n, 305 Ill. App. 3d 80 (Ill. App. Ct. 1999) (strict compliance with §19(f) required; failure to file from corrected decision divests Commission of jurisdiction)
- Schulz v. Forest Preserve District, 344 Ill. App. 3d 658 (Ill. App. Ct. 2003) (reaffirming strict compliance with §19(f) and that filing from original decision after correction fails notice goal)
- Garcia v. Industrial Comm’n, 95 Ill. 2d 467 (Ill. 1983) (corrected decision renders original decision a nullity; petition for review of original decision is ineffective)
- International Harvester v. Industrial Comm’n, 71 Ill. 2d 180 (Ill. 1978) (where party files motion to correct, Commission’s decision is not final until correction resolved)
- Residential Carpentry, Inc. v. Kennedy, 377 Ill. App. 3d 499 (Ill. App. Ct. 2007) (strict compliance with Act’s review procedures required to vest court jurisdiction)
- PPG Industries, Inc. v. Industrial Comm’n, 91 Ill. 2d 438 (Ill. 1982) (statutory review procedures must be strictly followed)
- Northwestern Steel & Wire Co. v. Industrial Comm’n, 37 Ill. 2d 112 (Ill. 1967) (right of review of arbitrator’s decision is wholly statutory; procedural steps must be followed strictly)
- Smalley Steel Ring Co. v. Illinois Workers’ Compensation Comm’n, 386 Ill. App. 3d 993 (Ill. App. Ct. 2008) (corrected decision becomes final if no timely petition for review filed)