Prate Roofing and Installations, LLC v. Liberty Mutual Insuance Corp.

Illinois Appellate Court
Civil Court
Worker's Compensation Insurance Coverage
Citation
Case Number: 
2022 IL App (1st) 191842-B
Decision Date: 
Friday, December 16, 2022
District: 
1st Dist.
Division/County: 
6th Div./Cook Co.
Holding: 
Reversed.
Justice: 
ODEN JOHNSON

Plaintiff appealed from an order of the circuit court affirming the final decision of the Director of Insurance in favor of the defendant regarding a workers’ compensation insurance dispute. The parties disputed whether the plaintiff owed the defendant additional workers’ compensation insurance premiums because certain subcontractors hired by the plaintiff did not have additional coverage. In a prior proceeding, the Supreme Court had reversed an appellate court finding that the DOI lacked statutory authority to resolve the dispute and the matter was returned to the appellate court. On remand, the appellate court reversed the finding of the DOI on the basis that the record did not support the hearing officer’s finding that the employees at issue were subject to workers’ compensation coverage. (MIKVA and CONNORS, concurring)