Appeals from the Commission to the Circuit Court—A potential procedural minefield
By William R. Gallagher & Harry J. Nichols
Workers’ Compensation Law,
September 2010
The Esquivel v. Illinois Workers’ Compensation Commission decision teaches that when an appeal is taken from the Commission to the Circuit Court you must make absolutely certain that you (1) tender payment of the probable cost of the record to the Commission and (2) file either the receipt or the affidavit of payment with the Circuit Court at the time you file the request for summons.
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