Illinois State Treasurer v. Illinois Workers' Compensation Commission
2013 IL App (1st) 120549WC
Ill. App. Ct.2014Background
- Claimant Janina Zakarzecka worked as a home healthcare provider and fell on stairs at her patient’s home, injuring her wrists and hands.
- Employer (the patient, Joseph Meuse) lacked workers’ compensation insurance; claimant added the Injured Workers’ Benefit Fund (the Fund) and the State Treasurer (as ex officio custodian) as respondents.
- An arbitrator awarded TTD, medical expenses, and PPD benefits; the Illinois Workers’ Compensation Commission affirmed.
- The State Treasurer appealed to circuit court and then to the appellate court; the appellate court initially reversed on the merits.
- Claimant filed a rehearing petition arguing the appellate court lacked jurisdiction because (1) the claim was effectively against the State (so barred) and (2) the Treasurer failed to file a statutory appeal bond.
- The court held the claim was not a “claim against the State” under §19(f)(1) but dismissed the appeal for lack of jurisdiction because the Treasurer did not file the appeal bond required by §19(f)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §19(f)(1) bars judicial review because the claim is effectively against the State | Claimant: Fund monies are treated like state funds and sovereign immunity bars review | Treasurer: Fund is distinct; prior cases involving Treasurer were reviewed | Not barred — this is not a claim against the State; Fund is a separate repository and judgment does not subject State to liability |
| Whether §19(f)(2) bond requirement applies to the Treasurer (custodian of the Fund) | Claimant: Bond requirement applies to any party against whom an award for money was rendered | Treasurer: Statute intended to target employers, not state officer; other statutes often exempt state officers from bond | Bond requirement applies to “the one against whom the Commission shall have rendered an award”; Treasurer did not file bond; failure is jurisdictional — appeal dismissed |
Key Cases Cited
- Daugherty v. Industrial Comm’n, 99 Ill. 2d 1 (Illinois Supreme Court) (past review of Commission decisions involving Treasurer as custodian of a special fund)
- State Treasurer of Illinois v. Industrial Comm’n, 75 Ill. 2d 240 (Illinois Supreme Court) (examples of judicial review of awards involving Treasurer-custodied funds)
- Senn Park Nursing Ctr. v. Miller, 104 Ill. 2d 169 (Illinois Supreme Court) (test for whether a suit is effectively against the State)
- Berryman Equip. v. Industrial Comm’n, 276 Ill. App. 3d 76 (App. Ct.) (appeal bond requirement is jurisdictional; strict compliance required)
- Residential Carpentry, Inc. v. Kennedy, 377 Ill. App. 3d 499 (App. Ct.) (strict bond compliance to vest circuit court jurisdiction)
- Celeste v. Industrial Comm’n, 205 Ill. App. 3d 423 (App. Ct.) (discussed scope of bond requirement as applied to employees vs. employers)
- People ex rel. Sherman v. Cryns, 203 Ill. 2d 264 (Illinois Supreme Court) (principle that express statutory exceptions imply exclusion of others)