International Harvester v. Industrial Commission

374 N.E.2d 182, 71 Ill. 2d 180, 15 Ill. Dec. 747, 1978 Ill. LEXIS 244
CourtIllinois Supreme Court
DecidedJanuary 27, 1978
Docket48931
StatusPublished
Cited by37 cases

This text of 374 N.E.2d 182 (International Harvester v. Industrial Commission) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
International Harvester v. Industrial Commission, 374 N.E.2d 182, 71 Ill. 2d 180, 15 Ill. Dec. 747, 1978 Ill. LEXIS 244 (Ill. 1978).

Opinions

MR. JUSTICE MORAN

delivered the opinion of the court:

The claimant, Irving Steele, appeals to this court from an order of the circuit court of Cook County which set aside the decision of the Industrial Commission (Commission) awarding him workmen’s compensation benefits. The claimant had been awarded $328 for first aid, medical, surgical and hospital services not covered by the claimant’s nonoccupational group insurance plan, and a total of $7,856.64 for temporary total incapacity and for the 20% loss of the use of his legs, pursuant to section 8 of the Workmen’s Compensation Act (Ill. Rev. Stat. 1973, ch. 48, pars. 138.8(a), (b) and (e)).

The procedural chronology of this case is essential to an understanding of the dispute. On February 4, 1974, the arbitrator, in awarding workmen’s compensation benefits, found that the claimant, an induction hardener operator for the employer, International Harvester, sustained an industrial injury on July 10, 1972. After consideration of additional evidence and with the benefit of oral argument, the Commission affirmed the arbitrator’s decision. The Commission apparently posted its affirmance on April 10 or 11, 1975. On April 21, 1975, the employer, pursuant to section 19(f) of the Workmen’s Compensation Act, filed a petition with the Commission requesting that the Commission correct its decision to reflect that $3,576 had been paid to the claimant through the claimant’s nonoccupational group insurance plan. One week later, on April 28, the Commission filed its written decision. The employer received this decision by certified mail on April 30. On May 19, while the petition to correct was still pending before the Commission, the employer filed a petition for a writ of certiorari in the circuit court of Cook County. On July 1, that court granted the employer leave to withdraw the transcript of proceedings to permit the Commission to determine whether it would correct its alleged error. On September 2, hearing was held by the Commission regarding the employer’s petition to correct such error, and, on September 25, the Commission entered an order denying the petition. The employer did not file another petition for a writ of certiorari subsequent to the September 25 order.

On April 21, 1976, claimant moved the court to strike the May 19 petition for writ of certiorari and to dismiss the action on the ground that the court lacked jurisdiction inasmuch as no petition for a writ of certiorari had been filed subsequent to the Commission’s final decision on September 25, 1975. On July 13, the court denied the motion to dismiss. On August 31, 1976, the court set aside the decision of the Commission, stating that the claimant had not provided the employer with proper notice within 45 days of the accident as required under section 6(c) of the Workmen’s Compensation Act (Ill. Rev. Stat. 1973, ch. 48, par. 138.6(c)). The claimant then appealed directly to this court pursuant to Supreme Court Rule 302(a) (58 Ill. 2d R. 302(a)). Because we hold that the court erred by denying the claimant’s motion to dismiss for want of jurisdiction, we do not reach the question of whether the claimant properly notified his employer within 45 days of the accident.

Section 19(f)(1) provides that the circuit court shall, by writ of certiorari, have the power to review the decision of the Industrial Commission, and that suit shall be commenced within 20 days of the receipt of notice of the decision of the Commission. (Ill. Rev. Stat. 1973, ch. 48, par. 138.19(f)(1).) It is well recognized that the circuit court can obtain jurisdiction only in the manner prescribed by the legislature, and that the party petitioning for a writ of certiorari must comply with all the conditions required by statute. (Berry v. Industrial Com. (1973), 55 Ill. 2d 274, 277; Moweaqua Coal Mining & Manufacturing Co. v. Industrial Com. (1926), 322 Ill. 403, 405.) Although the statute does not directly define the term “decision,” this court has held that “a final determination by the Commission is contemplated.” (Emphasis added.) (Metropolitan Sanitary District v. Industrial Com. (1967), 37 Ill. 2d 447, 449.) The employer acknowledges that it did not petition for a writ of certiorari subsequent to the September 25 final decision of the Commission. The employer contends, however, that its May 19 certiorari petition was not premature because the circuit court retained jurisdiction over the cause during the period in which the petition to correct was pending before the Commission. The employer’s contention rests upon a restrictive interpretation of section 19(f) of the Workmen’s Compensation Act, which section reads:

“The decision of the Commission acting within its powers, according to the provisions of paragraph (e) of this Section shall, in the absence of fraud, be conclusive unless reviewed as in this paragraph hereinafter provided. However, the Arbitrator or the Commission may on his or its own motion, or on the motion of either party, correct any clerical error or errors in computation within 15 days after the date of receipt of any award by such Arbitrator or any decision on review of the Commission and shall have the power to recall the original award oh arbitration or decision on review, and issue in lieu thereof such corrected award or decision. Where such correction is made the time for appeal or review herein specified shall begin to run from the date of the receipt of the corrected award or decision.” Ill. Rev. Stat. 1973, ch. 48, par. 138.19(f).

The employer asserts, in essence, that the Commission’s original decision of April 28 was final and appealable unless the Commission recalled and corrected its original decision within 15 days. The employer reads the last sentence of section 19(f) to imply that where such correction is not made, the time for appeal or review shall begin to run from the date of receipt of the original decision. We do not agree.

The purpose of section 19(f) is to provide the Commission an opportunity to correct its own clerical or computational errors so as to avoid the necessity of having the circuit court review such errors. The first sentence of the section provides that the decision of the Commission shall be conclusive unless reviewed for such clerical or computational errors. It is apparent that the statute, when read as a whole, vests continuing jurisdiction in the Commission to correct its alleged errors and that its decision is not final until the Commission determines whether or not to correct such errors. This court’s decision in Zbilski v. Industrial Com. (1971), 48 Ill. 2d 131, supports this interpretation. In Zbilski, the Commission, on its own motion and within 15 days of its decision, notified the parties of an error in its decision which denied workmen’s compensation benefits. It requested that the parties return their copies of the decision. The employee failed to return his copy and filed a petition for a writ of certiorari in the circuit court. Pursuant to the writ of certiorari, the circuit court set aside the decision of the Commission and reinstated the decision of the arbitrator awarding compensation. On appeal, this court reversed and remanded to the Commission, holding that “ [s] ince the Commission ***■ acknowledged that there was an error in its decision on review and had recalled the same, the court is not in a position to review the decision of the Commission until a final corrected decision has been made.” Zbilski v. Industrial Com. (1971), 48 Ill. 2d 131, 134.

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Bluebook (online)
374 N.E.2d 182, 71 Ill. 2d 180, 15 Ill. Dec. 747, 1978 Ill. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-harvester-v-industrial-commission-ill-1978.