Dratewska-Zator v. Rutherford

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 122699
Decision Date: 
September 13, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
REYES
Holding: 
Affirmed.
Court properly dismissed amended complaint against State Treasurer for judgment on full amount of award received from Workers' Compensation Commission, and against Commissioners and Chairman for mandamus. Plaintiff was injured in workplace accident, but employer failed to have valid workers' compensation insurance. Claim against Treasurer is barred by sovereign immunity based on nature of cause of action and nature of relief sought. Plaintiff does not have clear right to direct disbursement from Illinois Injured Workers' Benefit Fund for medical expenses in full amount of award, as Commission already paid her medical expenses from Fund. (HALL and LAMPKIN, concurring.)