Old Ben Coal Co. v. Industrial Commission

576 N.E.2d 890, 217 Ill. App. 3d 70, 159 Ill. Dec. 967, 1991 Ill. App. LEXIS 827
CourtAppellate Court of Illinois
DecidedMay 16, 1991
Docket5-90-0376WC
StatusPublished
Cited by20 cases

This text of 576 N.E.2d 890 (Old Ben Coal Co. v. Industrial Commission) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Old Ben Coal Co. v. Industrial Commission, 576 N.E.2d 890, 217 Ill. App. 3d 70, 159 Ill. Dec. 967, 1991 Ill. App. LEXIS 827 (Ill. Ct. App. 1991).

Opinion

JUSTICE LEWIS

delivered the opinion of the court:

The employer, Old Ben Coal Company, appeals from the judgment of the circuit court confirming the decision of the Illinois Industrial Commission (hereafter referred to as the Commission). The Commission affirmed the decision of the arbitrator, which found the claimant, Clifford Frye, permanently and totally disabled pursuant to the terms of the Workers’ Occupational Diseases Act (Ill. Rev. Stat. 1981, ch. 48, par. 172.36 et seq.) (hereafter referred to as the Act). The Commission found a causal relationship existing “between the exposure to the hazards of an occupational disease, coal dust, and [claimant’s] occupational disease of pneumoconiosis.”

The employer presents two issues for review: (1) whether the Commission should have denied claimant benefits on the basis of section 1(f) of the Act (Ill. Rev. Stat. 1981, ch. 48, par. 172.36(f)), pertaining to the requirement that disablement must occur within two years after the last day of the last exposure to the hazards of the occupational disease, and (2) whether the decision of the Commission that the claimant is permanently and totally disabled as a result of occupational pneumoconiosis is against the manifest weight of the evidence. The claimant raises the issue whether the circuit court lacked subject matter jurisdiction because the employer’s written request for summons “neither named Clifford Frye as a party in interest, nor included his last known address as required by statute.”

In Illinois a circuit court’s jurisdiction to review a decision of the Commission is a special statutory power, limited by the statute’s provisions. (Chadwick v. Industrial Comm’n (1987), 154 Ill. App. 3d 859, 507 N.E.2d 878.) Section 19(f)(1) of the Act (Ill. Rev. Stat. 1989, ch. 48, par. 172.54(f)(1)) provides in pertinent part:

“A proceeding for review shall be commenced within 20 days of the receipt of notice of the decision of the Commission. The summons shall be issued by the clerk of such court upon written request returnable on a designated return day, not less than 10 or more than 60 days from the date of issuance thereof, and the written request shall contain the last known address of other parties in interest and their attorneys of record who are to be served by summons.”

The employer’s written request for summons, filed November 7, 1989, states as follows:

“TO THE CLERK OF THE COURT:
Please issue a summons to the Industrial Commission of Illinois to certify to this Court on or before January 16, 1990 the transcript of all proceedings, in the case of Clifford Frye v. Old Ben Coal Company, Industrial Commission No. 85— WC — 45230 (89 IIC 852). The Decision of the Industrial Commission was received by this Plaintiff or its attorney on November 1, 1989.
Also issue a Summons directed to Harold B. Culley, Jr. and Wayne R. Reynolds, Attorneys for Clifford Frye, returnable on January 16, 1990.
The name and last known address of the parties in interest and his attorneys of record are: ***.”

The employer then provided the names and last known addresses of the Commission, Wayne R. Reynolds, and Harold B. Culley, Jr. The employer’s attorney signed the request.

Summons was issued by the clerk of the court “TO EACH DEFENDANT” in the case, styled “OLD BEN COAL COMPANY, PLAINTIFF, -VS- INDUSTRIAL COMMISSION OF ILLINOIS, and CLIFFORD FRYE, DEFENDANT.” The request for summons was styled in the same way. The certificate signed by the clerk of the court states that a copy of the summons was mailed to the Commission and to Harold B. Culley, Jr., and Wayne R. Reynolds, whose addresses are included.

On December 12, 1989, the claimant’s attorneys, having entered their special and limited appearance on behalf of the claimant, moved to quash the return of service upon them, asking that the matter be dismissed with prejudice for lack of jurisdiction. The motion stated that the claimant had not been designated as a party in interest and his last known address was not listed and that the clerk of the court had not issued a summons directed to claimant. The motion stated further that “service of Summons on said attorney is not service on CLIFFORD FRYE for the reason that CLIFFORD FRYE was not designated as a party in interest nor was his last known address listed.”

The circuit court denied the claimant’s motion to quash, noting that “the request for summons names the Industrial Commission and ‘Harold B. Culley, Jr. and Wayne R. Reynolds, attorneys for Clifford Frye,’ setting forth the addresses of Culley and Reynolds.” The circuit court observed further that

“[i]n this case, the clerk evidently understood the summons sufficiently that a summons was addressed ‘to each defendant.’ The caption named, as defendants, Industrial Commission of Illinois and Clifford Frye.
While, ordinarily, the case caption would add nothing to the complaint or pleading, of which it was a part in this regard, the request for summons itself is the critical document and Clifford Frye is named in the body of the request twice and in the caption once, and the certificate of service by the clerk names Culley and Reynolds as attorneys of record.
It would seem, therefore, under the rule, that Clifford Frye has received the notice required by the statutory scheme.”

The court stated further that the record shows claimant’s attorneys received the notice and that they must have done so in their capacity as attorneys for a party, namely, the claimant.

On review the claimant takes the position that because the employer failed to comply strictly with the requirements of section 1 of the Act with respect to the contents of the request for summons, the circuit court lacked jurisdiction to entertain the appeal. The employer relies upon Chadwick v. Industrial Comm’n (1987), 154 Ill. App. 3d 859, 507 N.E.2d 878, and argues that, like the appellant in Chadwick, it provided sufficient information for the clerk to notify the employee and his attorneys of the pending appeal properly. The employer argues further that, as in Chadwick, there is no indication or suggestion here that the employee has been prejudiced in any way as a result of the employer’s failure to include the employee’s address in the request for summons.

In Chadwick we decided that a motion to quash had been improperly granted where the claimant’s written request for summons substantially complied with the requirement of section 19(f)(1) of the Workers’ Compensation Act (Ill. Rev. Stat. 1985, ch. 48, par. 138.19(f)(1)). The claimant in Chadwick sought review of the Commission’s decision in the circuit court, which granted the respondent’s motion to quash, finding that it did not have jurisdiction to hear the cause because the claimant had failed to comply strictly with section 19(f)(1).

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Bluebook (online)
576 N.E.2d 890, 217 Ill. App. 3d 70, 159 Ill. Dec. 967, 1991 Ill. App. LEXIS 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/old-ben-coal-co-v-industrial-commission-illappct-1991.