Insurer filed declaratory judgment action, seeking ruling that it had no duty to defend or indemnify Defendants against a workers' compensation claim for a forklift accident. Insurer then filed an emergency motion requesting that circuit court stay workers' compensation proceedings pending resolution of declaratory judgment action. Court granted motion to stay. Circuit court shares concurrent jurisdiction with Illinois Workers' Compensation Commission (IWCC), and jurisdiction of the circuit court is "paramount". Because claimant's 19(b) petition seeks to determine only whether he is entitled to receive medical services, staying the proceedings in the IWCC is contrary to purpose of expeditious resolution of such issues.(SCHOSTOK and SPENCE, concurring.)
Illinois Appellate Court
Civil Court
Worker's Compensation Act