Hagemann v. Illinois Workers’ Compensation Commission 

Illinois Appellate Court
Civil Court
Diligence of Service
Workers Compensation
Citation
Case Number: 
No. 3-08-0989WC
Decision Date: 
Friday, January 22, 2010
District: 
3rd Dist.
Division/County: 
Knox Co.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
HOLDRIDGE
(Court opinion modified 04/30/10.) Court properly denied grain farm business's motion to dismiss circuit court appeal, but court erred in confirming Workers Compensation Commission's dismissal of injured worker's application for adjustment of claim. Worker was injured while driving semi-tractor trailer to haul grain, and genuine issue of material fact exists as to whether agricultural enterprise exemption of Workers Compensation Act applies. Employee did not fail to exercise reasonable diligence in service of summons, where circuit clerk failed to issue summons on improper grounds that county sheriff would not serve process on persons outside the county.