Labuz v. Illinois Workers' Compensation Commission

Illinois Appellate Court
Civil Court
Workers' Compensation
Case Number: 
2012 IL App (1st) 113007WC
Decision Date: 
Monday, November 5, 2012
1st Dist.
Cook Co., WC Div.
Affirmed in part and reversed in part; remanded with directions (No. 1-11-3007WC); affirmed (1-11-3008WC).
Section 19(f) of Workers Compensation Act allows service by mailing notice to the office of the Commission, which is not a restriction on proper service but an expansion, mandating that service on the named individuals be considered service on the Commission. Whether an employment relationship existed at the time of an accident is a question of fact, and includes consideration of facts showing that entity exercised control over claimant's work. Where it is clearly established that claimant had not worked a full 52 weeks in year preceding injury, Commission's determination of claimant's weekly wage will be set aside and remanded. (HUDSON, HOLDRIDGE, TURNER, and STEWART, concurring.)