Illinois Supreme Court to Hear Appeal by Treasurer Acting on Behalf of State Injured Workers’ Benefit Fund
On May 28, 2014, the Illinois Supreme Court agreed to hear the case of Illinois State Treasurer ex officio custodian of the Injured Workers' Benefit Fund v. Illinois Workers' Compensation Comm'n, 2013 IL App (1st) 120549WC. The case involves a dismissal of the Treasurer's judicial review based on a failure to file an appeal bond under section 820 ILCS 305/19(f). Although refusing to characterize the Treasurer's ex officio custodial appeal as one by the State, which would have meant no appeal was possible due to section 19(f)'s prohibition of state appeals, the appellate court concluded that the state was acting on behalf of the employer, and that under section 19(f), the employer would have to file a bond to perfect a judicial review.
The briefing will take place over the summer months and oral argument should follow at some point between October and December of this year. We will keep you posted on developments. While the case concerns a state entity, there is the potential for this case to impact how the appellate court interprets section 19(f) respecting all employers.