Sunrise Assisted Living v. Banach

Workers’ Compensation Commission approved and adopted arbitrator’s decision finding employee permanently partially disabled and temporarily totally disabled, and circuit court and appellate court affirmed Commission’s decision. During appellate review, employee petitioned to increase arbitration award, claiming her condition had worsened. Trial court had subject matter jurisdiction to consider Section 19(g) application, despite pending section 19(h) proceedings, and appellate court has jurisdiction to review denial of application. Trial court properly denied Claimant’s request for interest under Section 2-1303. Employer promptly paid in full. When employer tendered full payment, claimant was no longer entitled to judgment under Section 19(g), and without a judgment, claimant was not entitled to additional interest under Section 2-1303 of Code of Civil Procedure. (JORGENSEN and HUDSON, concurring.)