ABF Freight System, Inc. v. Fretts

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2015 IL App (3d) 130663
Decision Date: 
Wednesday, August 12, 2015
District: 
3d Dist.
Division/County: 
Kankakee Co.
Holding: 
Affirmed.
Justice: 
LYTTON
Court properly company's claim alleging fraud and seeking to recover workers' compensation benefits paid to its employee. Plaintiff had previously filed motion for determination of fraud which was heard and denied by a Workers' Compensation Commission arbitrator. Arbitrator properly exercised Commission's jurisdiction in ruling on fraud claims as they involved factual issues directly related to determination of employee's workers' compensation benefits. Thus, trial court lacked jurisdiction to hear Plaintiff company's claims. (SCHMIDT, specially concurring; McDADE, dissenting.)