Northwestern Steel & Wire Co. v. Industrial Commission

• Decision Date: 29 March 1967
• Docket Number: No. 40100,40100
• Citation: 37 Ill.2d 112,224 N.E.2d 853
• Parties: NORTHWESTERN STEEL & WIRE COMPANY, Appellant, v. The INDUSTRIAL COMMISSION et al. (Charles L. Terry, Appellee.)
• Court: Illinois Supreme Court

Page 853

224 N.E.2d 853

37 Ill.2d 112

NORTHWESTERN STEEL & WIRE COMPANY, Appellant, v. The INDUSTRIAL COMMISSION et al. (Charles L. Terry, Appellee.)

No. 40100.

Supreme Court of Illinois.

March 29, 1967.

Hackbert, Rooks, Pitts, Fullagar & Poust, Chicago (Douglas F. Stevenson, Daniel P. Socha and Paul Noland, Chicago, of counsel), for appellant.

Kleiman, Cornfield & Feldman, Chicago (Jason Gesmer and Alton Sharpe, Chicago, of counsel), for appellee.

KLUCZYNSKI, Justice.

Respondent, Northwestern Steel & Wire Company, prosecutes this appeal from an order of the circuit court of Whiteside County affirming a decision of the Industrial Commission awarding compensation to claimant, Charles L. Terry.

Claimant filed an application with the Industrial Commission on January 7, 1964, stating that he had 'injured back and lower extremities while at work.' He received a hearing on his claim and a decision was issued by the arbitrator on October 23, 1964, awarding compensation to him. This decision and award of the arbitrator was received by employer-respondent and the claimant on October 24, 1964, and receipt was acknowledged by them as shown in the records kept by the Industrial Commission.

On November 10, 1964, claimant filed a petition for review of the arbitrator's decision with the commission. Subsequently, on November 17, 1964, respondent also filed a petition for review with the commission. Both parties were given extensions of time by the commission to file Transcript of Proceedings on Arbitration, as required by statute. Then, on January 11, 1965, claimant made a motion, accompanied by a supporting affidavit, to dismiss respondent's petition for review on the grounds that it was not filed within 15 days of receipt of the arbitrator's decision as prescribed by section 19(b) of the Illinois Workmen's Compensation Act. Ill.Rev.Stat.1965, chap. 48, par. 138.19(b).

On March 1, 1965, a hearing was had before a commissioner who dismissed respondent's petition for review for failure to file within the statutory 15-day period. However, the commissioner denied claimant's oral motion to dismiss his own petition for review and set oral argument on the review for April 23, 1965, before the entire commission.

Prior to the date set for oral argument, claimant filed a written motion to dismiss his own petition for review together with a statement of authorities. At the subsequent hearing claimant argued only the jurisdictional issue of respondent's failure to file its petition for review in apt time. The Industrial Commission sustained and affirmed the decision of the arbitrator and ordered it to stand as the decision of the commission. Its decision was affirmed by the circuit court from which judgment this appeal is taken.

On review, respondent raises contentions with respect to the merits of the case. Claimant reiterates his contention that respondent's 'failure to file a petition for review within the time provided by the Workmen's Compensation Act caused the decision of the arbitrator to become the decision of the Industrial Commission and conclusive.' Claimant further contends that his own timely petition for review does not confer review jurisdiction upon the commission since he had the right to withdraw his petition and he timely asserted this right.

If claimant's contentions are correct a consideration of the factual evidence introduced at the hearing before the arbitrator would be immaterial since the employer would be barred procedurally from prosecuting a review of that decision. We, therefore, turn to an examination of the jurisdictional issue advanced by claimant.

Section 19(b) of the Illinois Workmen's Compensation Act provides in pertinent part: 'Unless a petition for review is filed by Either party within 15 days after the receipt by said party of the copy of said decision and notification of time when filed * * * then the decision shall become the decision of the Commission and in the absence of fraud shall be conclusive.' (Emphasis added.)

We have held that the right of review of the arbitrator's decision is entirely statutory; that the procedural steps with respect to perfecting this right must be followed strictly, and that failure to comply with these procedural steps, specifically the 15-day limitation on filing, results in a loss of the right to review. (Cooke v. Industrial Com., 340 Ill. 309, 172 N.E. 761.) The record discloses that respondent filed its petition for review on November 17, 1962, 22 days after its receipt of the arbitrator's decision. Since this is clearly outside the statutory time limitation for filing, respondent cannot obtain review unless it can properly base jurisdiction for review upon claimant's timely petition for review.

Accordingly, respondent argues that the relevant statute, section 19(b), 'plainly says that if Either party files a petition for review within 15 days, the Commission has jurisdiction to review its arbitrator's decision.' Respondent further argues that when claimant filed within the 15 days, the commission...