Beasley v. Industrial Commission

555 N.E.2d 1172, 198 Ill. App. 3d 460, 144 Ill. Dec. 653, 1990 Ill. App. LEXIS 838
Appellate Court of Illinois·Decided June 7, 1990·No. 5-88-0779WC·Published·Cited by 17 cases

Opinions

JUSTICE McNAMARA

delivered the opinion of the court:

Claimant, Edward E. Beasley, sought worker’s compensation benefits following an alleged back injury suffered while working for respondent E & B Coal Company. An arbitrator awarded no benefits after finding that claimant failed to prove he sustained accidental injuries arising out of and in the course of his employment by respondent. The Industrial Commission (Commission) upheld the arbitrator’s findings and decision. Claimant appealed.

Judge Howerton of the circuit court of Williamson County found the Commission’s decision was against the manifest weight of the evidence. The court reversed the Commission’s decision and remanded with directions to determine the extent and period of disability.

On remand, the Commission awarded claimant $266.66 per week for life for a total permanent disability, plus $26,010 for medical expenses. Respondent appealed.

Judge Nelson of the circuit court of Williamson County reversed. He found subject-matter jurisdiction was lacking in the matter before Judge Howerton because claimant failed to physically display to the clerk of the circuit court a receipt for payment of the cost of the transcript of the arbitration proceedings. Thus, the court reinstated the original decision of the Commission, awarding no benefits. Claimant now appeals to this court, contending that subject-matter jurisdiction existed and that the evidence mandates a finding that he suffered a compensable injury.

On February 15, 1982, claimant worked as a dragline operator for respondent. Claimant testified that on that day, he and his brother were lifting a 200-pound box when claimant felt a pain in his shoulder and right leg. He continued his work and did not report the injury to respondent.

Ten days later, petitioner saw Dr. Edward Corder, who believed that the condition could be multiple sclerosis, from which claimant’s sister suffered, or amyotrophic lateral sclerosis. Other physicians later diagnosed the condition as a herniated disc, and a discectomy was performed on March 15, 1982. It was then that claimant “first realized that the lifting incident on February 15 was responsible for his condition.” Several weeks later, he notified respondent that the injury was work related.

On September 30, 1982, Dr. Michael Murphy performed a laminectomy. Claimant has not worked since that time. There is no dispute that claimant is permanently and totally disabled.

On May 19, 1983, the arbitrator issued a decision awarding no benefits. On May 2, 1984, the Commission issued a decision affirming the arbitrator’s decision. On July 31, 1984, the Commission entered its written decision.

On August 14, 1984, claimant filed for review with the circuit court. However, he did not file with his review a receipt for the transcript of the arbitration proceedings. On September 27, 1984, claimant filed that receipt, showing that payment had been made on August 16,1984.

On March 26, 1985, Judge Howerton reversed the decision of the Commission, finding it was against the manifest weight of the evidence. The court also denied respondent’s motion to dismiss the appeal for claimant’s failure to comply with the jurisdictional requirements of the Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1983, ch. 48, par. 138.1 et seq.).

On remand, claimant filed a motion pursuant to section 20 of the Act (Ill. Rev. Stat. 1983, ch. 48, par. 138.20) to have him declared a poor person. The Commission granted the petition, relating it back to February 1982.

In its written decision of January 7, 1988, the Commission found that claimant was permanently and totally disabled. The Commission awarded benefits and medical expenses. It denied a claim for rehabilitation.

On September 26, 1988, Judge Nelson found that claimant had failed to perfect the original review into the circuit court, and thus, that all proceedings following the original 1984 decision of the Commission were void.

On appeal, claimant challenges Judge Nelson’s finding that no subject-matter jurisdiction existed.

Section 19(f)(1) of the Act mandates that in its decision the Commission shall determine the amount of probable cost of the record. “[N]o request for a summons may be filed and no summons shall issue unless the party seeking to review the decision of the Commission shall exhibit to the clerk of the Circuit Court a receipt showing payment of the sums so determined to the Secretary or Assistant Secretary of the Commission, except as otherwise provided by Section 20 of this Act.” Ill. Rev. Stat. 1983, ch. 48, par. 138.19(f)(1) (fourth paragraph).

In the present case, the Commission issued a written decision denying benefits on July 31, 1984. Claimant filed for review in the circuit court within 20 days. However, he failed to file with his review “a receipt showing payment” as provided in section 19(f)(1). On September 27, 1984, after the 20-day period had run, claimant filed the receipt. Thus, the circuit court clerk issued the summons prior to claimant’s having exhibited or filed a receipt proving payment of the probable cost of the record on appeal.

Proceedings under the Workers’ Compensation Act are purely statutory, and courts can obtain jurisdiction only in the manner provided by that Act. (Peter H. Clark Lodge No. 483 v. Industrial Comm’n (1971), 48 Ill. 2d 64, 268 N.E.2d 382; Malone v. Industrial Comm’n (1986), 141 Ill. App. 3d 116, 489 N.E.2d 1167.) Thus, statutory requirements for the circuit court’s subject-matter jurisdiction under the Act demand strict compliance. (Arrington v. Industrial Comm’n (1983), 96 Ill. 2d 505, 451 N.E.2d 866.) Proof of the court’s jurisdiction must affirmatively appear in the record. (Arrington v. Industrial Comm’n, 96 Ill. 2d 505, 451 N.E.2d 866.) Absent that proof, no jurisdiction exists. Wabash Area Development, Inc. v. Industrial Comm’n (1981), 88 Ill. 2d 392, 430 N.E.2d 1002.

Claimant has conceded that on March 5, 1985, when Judge Howerton denied respondent’s motion to dismiss for lack of jurisdiction, the circuit court in fact had no jurisdiction. Claimant admits that his failure to exhibit to the clerk a receipt within the 20-day period under section 19(f)(1) deprives the court of subject-matter jurisdiction. See McGehee v. Industrial Comm’n (1987), 160 Ill. App. 3d 618, 513 N.E.2d 1136.

Consequently, at the expiration of the 20-day period the Commission’s decision denying all benefits became conclusive under section 19(f), and the circuit court had no jurisdiction to issue the summons. (Boalbey v. Industrial Comm’n (1977), 66 Ill. 2d 217, 362 N.E.2d 286

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Beasley v. Industrial Commission, 555 N.E.2d 1172, 198 Ill. App. 3d 460, 144 Ill. Dec. 653, 1990 Ill. App. LEXIS 838 (Ill. Ct. App. 1990).

555 N.E.2d 1172 (Beasley v. Industrial Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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