Gunnels v. Industrial Commission
| Decision Date | 22 January 1964 |
| Docket Number | No. 37803,37803 |
| Citation | 195 N.E.2d 609,30 Ill.2d 181 |
| Parties | Jesse GUNNELS, Plaintiff in Error, v. The INDUSTRIAL COMMISSION et al. Fisher Body Division, General Motors Corp., Defendant in Error. |
| Court | Illinois Supreme Court |
Katz & Friedman, Chicago (Harold A. Katz, Irving M. Friedman, Jerome Schur, and Arthur Brody, Chicago, of counsel), for plaintiff in error.
Pope, Ballard, Uriell, Kennedy, Shepard & Fowle, Chicago (Lewis J. West, Thomas D. Nyhan, and Alan C. Garrett, Chicago, of counsel), for defendant in error.
On January 14, 1963, the superior court of Cook County entered an order in a certiorari proceeding restraining the petitioner, Jesse Gunnels, from proceeding with a petition in this cause before the Industrial Commission of Illinois seeking a penalty for underpayment of compensation under section 19(k) of the Workmen's Compensation Act. We have heretofore granted Gunnels's petition for writ of error to review this order.
This case must be considered in the light of the prior proceedings before the Industrial Commission and the court. In 1959 the petitioner, Gunnels, received an award from an arbitrator of the Industrial Commission for injuries sustained in the course of his employment. The award allowed petitioner payment for 53 weeks temporary total disability totaling $1802; 233 weeks permanent partial disability totaling $7448; and $414.93 for medical expenses. The award further stated as follows: 'The Arbitrator further finds that said petitioner was paid weekly benefits in the sum total of $1430.00, under a group insurance plan, contributed to by the respondent, and said respondent is entitled to credit therefor against its liability for the payment of compensation for temporary total incapacity for work, as provided in paragraph (j) of Section 8 of said Act.'
On February 4, 1960, the Commission confirmed the award. Thereafter the employer sought a review of the award in the superior court by writ of certiorari. On March 15, 1961, the superior court entered an order, (1) reducing the award for temporary total disability from 53 weeks to 6 and 3/7ths weeks; (2) setting aside the award of $414.93 for medical services; and (3) affirming the rate of the award for permanent partial disability, and providing it should run to the maximum statutory limitation which was $9250.
Thereafter the employer paid petitioner $7,862.94 in purported settlement of the award. On November 21, 1962, Gunnels filed a petiton under section 19(k) of the Workmen's Compensation Act (Ill.Rev.Stat.1961, chap. 48, par. 138.19(k)) claiming that he was entitled to a total amount of $9,031.43. The petition sought an order fixing the amount of compensation due, and the penalty provided by section 19(k).
Prior to a hearing on the 19(k) petition, the employer, Fisher Body Division, General Motors Corporation, filed an unverified motion in the original cause on certiorari in the superior court to restrain the petitioner from proceeding with his 19(k) petition before the Industrial Commission. After argument, the trial court found that the award made by the order of March 15, 1961, had been fully paid and entered an order restraining petitioner from proceeding with his 19(k) eptition. Thereafter petitioner filed a motion to vacate and seeking leave to file an answer and for a hearing, which motion was denied. Petitioner, Gunnels, now seeks to review both orders by writ of error.
Petitioner insists that the trial court was without jurisdiction to restrain its section 19(k) proceeding before the Industrial Commission, while respondent argues that the restraining order was proper to prevent an unauthorized administrative review of a final order of the superior court.
While the posture of the case before us raises basic procedural and jurisdictional questions, they are grounded on a dispute between the parties as to the amount of credit to be allowed for group insurance benefits paid by the employer. The employer claims it is entitled to a credit of $1430, while the employee argues that the credit must be limited to the amount of the final award for temporary total disability or $215.58.
The decision of the Commission gave the employee the equivalent of $1802 for temporary total disability and $7448 for permanent partial disability or the statutory maximum of $9250. The decision also granted the employer a credit for benefits paid under a group insurance plan in the amount of $1430, 'against its liability for the payment of compensation for temporary total incapacity for work, as provided in paragraph (j) of Section 8 of said Act.' Therefore under the order of the Commission the full credit could be taken against the $1802 award for temporary total disability.
On certiorari, however, the...
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Hartlein v. Illinois Power Co.
...limited by section 19(f) of the Workers' Compensation Act (Ill.Rev.Stat.1989, ch. 48, par. 138.19(f)). (See Gunnels v. Industrial Comm'n (1964), 30 Ill.2d 181, 185, 195 N.E.2d 609 (trial court lacked jurisdiction to restrain a claimant from proceeding with petition before the Industrial Com......
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Hollywood Trucking, Inc. v. Watters
...benefits and the employer's defenses to the claim, the circuit court's role is appellate only. Gunnels v. Industrial Comm'n, 30 Ill.2d 181, 185, 195 N.E.2d 609, 611 (1964). Accordingly, we find that the circuit court did not err in dismissing count III for a lack of Accordingly, the circuit......
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Board of Educ. of Warren Tp. High School Dist. 121 v. Warren Tp. High School Federation of Teachers, Local 504, IFT/AFL-CIO
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