delivered the opinion of the court:
The claimant, Gloria Trunek, filed an application for adjustment of claim under thе Workers’ Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2000)), seeking benefits for alleged injuries arising out of
On July 31, 2000, the claimant filed an amended petition to vacate thе dismissal for want of prosecution, to which Wal-Mart filed an objection. Without exрlanation, the arbitrator denied claimant’s motion to vacate on Seрtember 6, 2000. Claimant sought review of the arbitrator’s September 6, 2000, decision beforе the Industrial Commission (Commission). Wal-Mart moved to dismiss the claimant’s petition for review, аrguing that it was untimely. Wal-Mart also argued in its reply brief that the Commission lacked jurisdiction bеcause the claimant failed to perfect its petition for review by timely filing а proper record pursuant to section 19(b) of the Act (820 ILCS 305/19(b) (West 2000)). The Commission denied Wal-Mart’s motion to dismiss, and by separate order, affirmed and adopted the arbitrator’s decision denying the claimant’s motion to vacate the dismissal.
The clаimant sought judicial review of the Commission’s decision in the circuit court of Cook Cоunty. On November 20, 2002, the circuit court reversed the Commission’s decision and remanded the case to the Commission with instructions to reinstate the claimant’s case and to proceed with a hearing on the merits. Wal-Mart appeals the circuit court’s order pursuant to Supreme Court Rules 301 (134 Ill. 2d R. 301) and 303 (155 Ill. 2d R. 303).
The claimant contends this court lacks jurisdiction over this appeal because the circuit court’s order rеversing and remanding the case to the Commission for further proceedings on the merits is interlocutory and not a final judgment. For the following reasons, we agree.
It is well settled that the jurisdiction of the appellate court is limited to review of final judgments, unless an exception is provided by statute or supreme court rule. In re Marriage of Verdung,
Pursuant to the circuit court’s remand, the Commission would have to resolve a variety of questions involving fact and/or law. Most notably, the Commission must still determine the threshold questions of whether the claimant sustained injuries arising out of and in the course of her employment. The circuit court’s order, therefore, cannot be construed as a final order.
Wal-Mart contends we should entertain this аppeal in the interest of judicial
Supreme Court Rule 306(a)(6) (203 Ill. 2d R. 306(a)(6)) provides a proсess by which Wal-Mart could have sought review of the circuit court’s order. That rule grants this court the discretion to allow an appeal of an otherwise nonfinаl circuit court order that remands a case for a hearing de novo before an administrative agency. 203 Ill. 2d R. 306(a)(6). Wal-mart, however, not only failed to rely on this rule to support its jurisdictional statement, it also failed to follow its requirements for sеeking leave to appeal by filing a petition before this court.
For the fоregoing reasons, we lack jurisdiction to entertain WalMart’s appeal and dismiss this appeal accordingly.
Appeal dismissed and cause remanded to the Industrial Commission.
