Hastings Mutual Insurance Company v. Ultimate Backyard

Insurer filed declaratory judgment action seeking order that it was not responsible for workers' compensation claim for knee injury filed by employee. Key issue of whether notice of cancellation sent from insurer to National Council on Compensation Insurance (delegee of IWCC) conformed with statutory requirements. Interpretation of Section 4(b) of Workers' Compensation Act is question of law, which is best answered by circuit court and does not require specialized expertise of IWCC. Thus, IWCC does not have primary jurisdiction. Circuit court is ordered to stay IWCC proceedings until circuit court makes decision as to issue of insurance coverage. (FITZGERALD SMITH and PUCINSKI, concurring.)