Claimant filed workers' compensation claim against her employer, a school district. Claimant sought review of arbitrator's decision before the Commission; Commission affirmed and adopted arbitrator's decision. Claimant filed a petition for administrative review, and requested that summonses issue; the summonses were issued the next day. Claimant failed to file a notice of intent or an affidavit in circuit court within 20 days of receipt of the Commission's decision. The newest amendment to Section 19(f)(1) of Workers' Compensation Act requires petitioner to exhibit proof of filing with Commission of the notice of intent to file for review in circuit court or an affidavit of attorney setting forth notice of intent to file for review in circuit court within 20 days of receiving the Commission's decision. As claimant failed to do so, circuit court lacked subject-matter jurisdiction over petition for review.(HOFFMAN, HUDSON, CAVANAGH, and BARBERIS, concurring.)
Illinois Appellate Court
Civil Court
Workers' Compensation