Illinois State Treausrer v. Illinois Workers' Compensation Commission
2015 IL 117418
| Ill. | 2015Background
- Janina Zakarzecka, a home healthcare worker, fell on employer Meuse’s stairs while changing shoes for a delivery and suffered serious injuries; Meuse had no workers’ compensation insurance.
- Zakarzecka claimed benefits; because the employer lacked coverage, she sought payment from the Injured Workers’ Benefit Fund (the Fund), whose custodian is the Illinois State Treasurer (ex officio).
- An arbitrator awarded benefits against the Fund “to the extent permitted” by the Act; the Treasurer (as custodian) appealed to the Commission, which affirmed.
- The Treasurer then sought judicial review in circuit court and later in the appellate court, but never filed the appeal bond required by section 19(f)(2) of the Workers’ Compensation Act.
- The appellate court dismissed the Treasurer’s appeal for lack of jurisdiction due to the missing bond; the Treasurer appealed to the Illinois Supreme Court.
Issues
| Issue | Plaintiff's Argument (Treasurer) | Defendant's Argument (Zakarzecka) | Held |
|---|---|---|---|
| Whether the Treasurer, acting as custodian of the Fund, must post the appeal bond required by 820 ILCS 305/19(f)(2) to obtain judicial review | The bond requirement should not apply to the Treasurer/Fund; statute targets employers/insurers and legislative intent and practical problems justify exemption | Section 19(f)(2)’s plain language requires the one against whom the award is rendered to file a bond; Fund (and thus Treasurer as custodian) is not exempt | Held: The Treasurer must post the bond; failure to do so deprives courts of jurisdiction and mandates dismissal of the appeal |
Key Cases Cited
- Firestone Tire & Rubber Co. v. Industrial Comm’n, 74 Ill. 2d 269 (court has no jurisdiction to review commission decision absent bond as required by statute)
- Arrington v. Industrial Comm’n, 96 Ill. 2d 505 (no presumption of court jurisdiction in workers’ compensation review; strict compliance required)
- Coultas v. Industrial Comm’n, 31 Ill. 2d 527 (appeal must be dismissed where statutory prerequisites for review not met)
- Daugherty v. Industrial Comm’n, 99 Ill. 2d 1 (strict adherence to statutory mode for judicial review)
- Gruszeczka v. Illinois Workers’ Compensation Comm’n, 2013 IL 114212 (special statutory jurisdiction principles; statutory requirements must affirmatively appear in record)