American Structures, Inc. v. Industrial Com

9 Citing cases

  1. Bechtel Group, Inc. v. the Industrial Commission

    305 Ill. App. 3d 769 (Ill. App. Ct. 1999)   Cited 9 times

    Thomas does not permit carte blanche judicial review of nonfinal decisions. Only final determinations of the Commission are appealable. American Structures, Inc. v. Industrial Comm'n, 99 Ill.2d 40, 43-44, 457 N.E.2d 401, 403 (1983); American Insulated Structures v. Industrial Comm'n, 256 Ill. App.3d 171, 174-75, 627 N.E.2d 1292, 1295 (1994). Since the circuit court cannot declare a nonfinal order to be reviewable ( Mayrath Co. v. Industrial Comm'n, 33 Ill.2d 224, 225, 210 N.E.2d 529, 530 (1965)), neither can the Commission. Because the circuit court was without jurisdiction, its order is vacated, and the cause is remanded to the arbitrator pursuant to the Commission's decision.

  2. International Paper Co. v. Industrial Commission

    99 Ill. 2d 458 (Ill. 1984)   Cited 15 times
    In International Paper, the supreme court stated, "[i]f judicial review is allowed before [a determination of the vocational rehabilitation plan], the courts will invariably be faced with piecemeal review of such cases, as litigants dissatisfied with the individualized rehabilitation program repeat the entire administrative and judicial review process."

    Section 19(f)(1) of the Act has since been amended effective Sept. 14, 1983, to provide for review by issuance of a summons. (Pub. Act 83-360; 1983 Ill. Laws 2608.) While the statute does not define the term "decision," this court has consistently held that only final determinations of the Commission are reviewable. ( American Structures, Inc. v. Industrial Com. (1983), 99 Ill.2d 40, 43-44; International Harvester v. Industrial Com. (1978), 71 Ill.2d 180, 185; Metropolitan Sanitary District v. Industrial Com. (1967), 37 Ill.2d 447, 449.) In the case at bar, the Commission ordered the case remanded to the arbitrator.

  3. Montgomery v. Ill. Workers' Comp. Comm'n

    2020 IL App (3d) 190351 (Ill. App. Ct. 2020)   Cited 1 times

    ¶ 9 To be appealable, a decision by the Commission must be final. American Structures, Inc. v. Industrial Comm'n, 99 Ill. 2d 40, 43-44 (1983). A decision by the Commission that includes a generalized reward requiring further determination is an interlocutory decision, which a circuit court lacks subject-matter jurisdiction to review.

  4. Valdez v. Ill. Workers' Comp. Comm'n

    2017 Ill. App. 2d 170277 (Ill. App. Ct. 2017)

    appeals from final judgments of the circuit court in civil cases); Trunek v. Industrial Comm'n, 345 Ill. App. 3d 126, 127 (2003). Jurisdiction to review final decisions of the Commission is vested in the circuit court. 820 ILCS 305/19(f) (West 2016); American Structures, Inc. v. Industrial Comm'n, 99 Ill. 2d 40, 43-44 (1983); Pace Bus Co. v. Industrial Comm'n, 337 Ill. App. 3d 1066, 1069 (2003). This court's jurisdiction in workers' compensation proceedings is limited to appeals from a final judgment of the circuit court. 820 ILCS 305/19(f) (West 2016); Pace Bus Co., 337 Ill. App. 3d at 1069.

  5. Eiler v. Ill. Workers' Comp. Comm'n

    2014 Ill. App. 130111 (Ill. App. Ct. 2014)

    The Commission made the same finding in its June 2012 order. For the reasons that follow, we disagree with both the employer and the Commission and find the Commission's December 2010 denial of claimant's section 20 motion was not a final and appealable order. ¶ 17 "[I]nterlocutory orders of the *** Commission are not reviewable by the circuit court." American Structures, Inc. v. Industrial Comm'n, 99 Ill. 2d 40, 43, 457 N.E.2d 401, 403 (1983); Supreme Catering v. Illinois Workers' Compensation Comm'n, 2012 IL App (1st) 111220WC, ¶ 8, 976 N.E.2d 1047 ("Only final determinations of the Commission are appealable."). "A judgment is final if it determines the litigation on the merits, and it is not final if the order leaves a case pending and undecided.

  6. Honda of Lisle v. Industrial Comm'n

    269 Ill. App. 3d 412 (Ill. App. Ct. 1995)   Cited 12 times

    First, we must consider whether we have jurisdiction to review this appeal. The circuit court found the Commission's decision was interlocutory and therefore not subject to review. It is well settled that only final determinations of the Commission are reviewable. ( International Paper Co. v. Industrial Comm'n (1984), 99 Ill.2d 458, 459 N.E.2d 1353; American Structures, Inc. v. Industrial Comm'n (1983), 99 Ill.2d 40, 457 N.E.2d 401.) Orders reversing and remanding awards of TTD benefits are not final. (See Stockton v. Industrial Comm'n (1977), 69 Ill.2d 120, 370 N.E.2d 548 (order of circuit court reversing award of TTD benefits and remanding to Commission was not final and appealable).) A judgment is final if it determines the litigation on the merits.

  7. Amer. Insulated Structures v. Ind. Comm

    627 N.E.2d 1292 (Ill. App. Ct. 1994)   Cited 5 times
    In American Insulated Structures v. Industrial Comm'n, 256 Ill. App. 3d 171, 627 N.E.2d 1292 (1994), the arbitrator's award of TTD and vocational rehabilitation in a section 19(b) proceeding was affirmed by the Commission, and the case was remanded to the arbitrator for further proceedings.

    American argues first that the circuit court erred in dismissing its petition for judicial review. We do not agree. Clearly, only final determinations of the Commission are appealable. ( American Structures, Inc. v. Industrial Comm'n (1983), 99 Ill.2d 40, 457 N.E.2d 401.) Where the Commission's decision contains a generalized award for rehabilitation, however, such decision is not final and appealable, and the circuit court is without jurisdiction. In International Paper Co. v. Industrial Comm'n (1984), 99 Ill.2d 458, 459 N.E.2d 1353, our supreme court held that "decisions of the Industrial Commission which include generalized rehabilitation awards that require further determination as to the extent and nature of such rehabilitation are interlocutory and, therefore, not reviewable by the circuit court."

  8. Sprinkman Sons Corp. v. Industrial Com

    160 Ill. App. 3d 599 (Ill. App. Ct. 1987)   Cited 10 times
    In Sprinkman, the court found that the petitioner's claim, timely filled within three years of the employee's death, was not barred where the employee had become disabled within three years of his last exposure to the hazard and had been awarded permanent total disability for asbestosis. Again, in the instant case, the parties stipulated that the decedent was not disabled within three years of his last exposure to the hazard.

    Thus, the decision considered by the circuit court was final in all respects. Most significantly, the respondent has failed to show that it was prejudiced by the petitioner's premature writ of certiorari. It is clear that the circuit court's decision would have been no different had the petitioner filed for review after receiving the Commission's final decision. The cases cited by the respondent in support of its position are distinguishable. ( American Structures, Inc. v. Industrial Com. (1983), 99 Ill.2d 40, 157 N.E.2d 401; International Harvester v. Industrial Com. (1978), 71 Ill.2d 180, 374 N.E.2d 182; Metropolitan Sanitary District v. Industrial Com. (1967), 37 Ill.2d 447, 227 N.E.2d 762.) In American Structures, the supreme court held that the Commission's decision to grant a section 19(h) hearing was interlocutory and therefore not a final and appealable order.

  9. F E Erection Co. v. Indus. Comm'n

    162 Ill. App. 3d 156 (Ill. App. Ct. 1987)   Cited 14 times
    In F E Erection, we held that an award of TTD benefits under section 19(b) is a final and appealable order, notwithstanding the need to remand to the arbitrator for a determination of permanency. American's reliance is misplaced. F E Erection dealt with the award of TTD benefits pursuant to section 19(b), and our decision was based upon the language of the statute.

    • 1 Respondent first contends that the circuit court erred in finding it was without jurisdiction because the Commission had remanded the case to the arbitrator. We agree. Only final determinations of the Commission are reviewable. ( American Structures, Inc. v. Industrial Com. (1983), 99 Ill.2d 40, 457 N.E.2d 701.) The Commission here awarded temporary total disability benefits under section 19(b). (Ill. Rev. Stat. 1985, ch. 48, par. 138.19(b).