Weaver v. Illinois Workers’ Compensation Comm’n

Illinois Appellate Court
Civil Court
Workers' Compensation
Citation
Case Number: 
2016 IL App (4th) 150152WC
Decision Date: 
Friday, April 29, 2016
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Affirmed.
Justice: 
STEWART

The 30-month period for filing Section 19(h) petition ran from date of Workers' Compensation Commission's original decision, and was not affected by subsequent vacatur and reinstatement of that decision. Right to file application for review does not depend on whether award made is enforceable at time application is filed, except where there has been a final determination of court quashing the award.  There was no final determination of court quashing original award, Thus, Claimant's Section 19(h) petition was untimely as it was not filed within 30 months of original award. (HOLDRIDGE, HOFFMAN, HUDSON, and HARRIS, concurring.)