Illinois State Treasurer v. Illinois Workers’ Compensation Comm’n

Employee filed workers' compensation claim, but court found that his employer's workers' compensation insurance carrier had no duty to defendant or indemnify it because employer had breached the insurance contract. Employee then amended his application for for adjustment of claim to name the Illinois State Treasurer. Prior to arbitration hearing, employee died of causes unrelated to his claim. In absence of appointment and substitution of a personal representative after employee's death, Commission's decision was premature and improper. Even if gross value of employee's estate is less than $100,000, so that under Section 25-1 of Probate Act estate's assets may be distributed by a small-estate affidavit, appointment of a personal representative is still required, as court's jurisdiction is suspended by employee's death until such appointment.(HOLDRIDGE, HOFFMAN, CAVANAGH, and BARBERIS, concurring.)