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Wal-Mart Stores v. Industrial Commission

761 N.E.2d 768 (Ill. App. Ct. 2001)
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Wal-Mart Stores v. Industrial Commission

7 Citing cases

  1. Residential Carpentry, Inc. v. Kennedy

    377 Ill. App. 3d 499 (Ill. App. Ct. 2007)   Cited 18 times
    Noting that an appeal from a decision of the Commission which is commenced prior to the resolution of a motion to correct is premature

    Because the appeal bond must be filed at the time the written request for summons is presented to the clerk of the court, it too must be filed within the 20-day deadline. See Wal-MartStores, Inc. v. Industrial Comm'n, 326 Ill.App.3d 438, 441, 260 Ill.Dec. 585, 761 N.E.2d 768 (2001) ; Kavonius, 314 Ill.App.3d at 169, 247 Ill.Dec. 279, 731 N.E.2d 1287. The appellant must strictly comply with the bond requirements of section 19(f)(2) (Freedom Graphic Systems, Inc. v.Industrial Comm'n, 345 Ill.App.3d 716, 719, 280 Ill.Dec. 741, 802 N.E.2d 1262 (2003) ), and the filing of an appeal bond is jurisdictional in nature (Firestone Tire & Rubber Co. v. IndustrialComm'n, 74 Ill.2d 269, 272, 24 Ill.Dec. 171, 384 N.E.2d 1329 (1979) ).

  2. Smith v. Ill. Workers' Comp. Comm'n

    2019 Ill. App. 3d 180251 (Ill. App. Ct. 2019)

    No consideration is given as to whether claimant's risk was any greater than that of the general public. ¶ 21 The Park District relies on Wal-Mart Stores, Inc. v. Industrial Comm'n, 326 Ill. App. 3d 438 (2001), for support in its position that injuries sustained by an employee in an ice-covered parking lot were not compensable because the lot was used by both employees and the general public.

  3. Freesen v. Indus. Comm'n

    348 Ill. App. 3d 1035 (Ill. App. Ct. 2004)   Cited 5 times
    In Freesen, Inc. v. Industrial Comm'n, 348 Ill. App. 3d 1035, 811 N.E.2d 322 (2004), although the claimant presented evidence that he worked some overtime in 22 of the 45 weeks in which he worked prior to his accident, there was no evidence that (1) he was required to work overtime as a condition of his employment, (2) he consistently worked a set number of hours of overtime each week, or (3) the overtime hours he worked were part of his regular hours of employment.

    Sisbro, Inc. v. Industrial Comm'n, 207 Ill. 2d 193, 203, 797 N.E.2d 665, 671 (2003). Whether a causal connection exists between a claimant's injury and his employment is uniquely within the province of the Commission. Wal-Mart Stores, Inc. v. Industrial Comm'n, 326 Ill. App. 3d 438, 444, 761 N.E.2d 768, 773 (2001). On review, we consider whether the Commission's decision is against the manifest weight of the evidence.

  4. Mores-Harvey v. Industrial Commission

    345 Ill. App. 3d 1034 (Ill. App. Ct. 2004)   Cited 11 times

    However, in two recent parking lot slip-and-fall cases, this court has analyzed the facts by considering only the second exception to the premises rule. See Homerding, 327 Ill. App. 3d 1050; Wal-Mart Stores, Inc. v. Industrial Comm'n, 326 Ill. App. 3d 438 (2001). But see Joiner, 337 Ill. App. 3d at 815-17 (2003 decision examining both exceptions).

  5. Twice Over Clean v. Industrial Comm

    337 Ill. App. 3d 805 (Ill. App. Ct. 2003)   Cited 2 times

    The claimant is required to establish the elements of his right to compensation under the Act. Wal-Mart Stores, Inc. v. Industrial Comm'n, 326 Ill. App.3d 438, 443 (2001).

  6. Burch Servs. v. Ill. Workers' Comp. Comm'n

    2015 Ill. App. 2d 141149 (Ill. App. Ct. 2015)

    the surety. Wal-Mart Stores, Inc. v. Industrial Comm'n, 326 Ill. App. 3d 438, 442, 761 N.E.2d 768, 771 (2001).¶ 23 Additionally, the purpose of the Act's bond requirement "is to bind the principal" (Freedom Graphic, 345 Ill. App. 3d at 720, 802 N.E.2d at 1265) and provide "security to the injured employee that the party seeking review will pay the amounts due under the Commission's award if the appeal is unsuccessful" (Illinois State Treasurer, 2015 IL 117418, ¶ 34, 30 N.E.3d 288). "A bond is insufficient where the signature is one other than that of the principal because such a signature would not bind the corporation to payment of the bond."

  7. U.S. Cold Storage, Inc. v. Ill. Workers' Comp. Comm'n

    2013 Ill. App. 3d 110868 (Ill. App. Ct. 2013)

    A bond is sufficient where it clearly shows the amount of the bond, the principals, and the surety. Wal-Mart Stores, Inc. v. Industrial Comm'n, 326 Ill. App. 3d 438, 442, 761 N.E.2d 768, 771 (2001). ¶ 7 Here, the Commission set the bond for removal of the case to the circuit court at $64,700. The record shows the employer received the Commission's decision on April 25, 2011, and, as a result, had until May 16, 2011, to seek judicial review of the Commission's decisions.