Failing to Follow Procedural Steps Leaves Claimant on Court’s Doorstep

Case File

A claimant couldn't get his day in court because he didn't comply with procedural requirements necessary to bestow subject matter jurisdiction. Simply Research subscribers have access to the full text of the decision.

Case

Zahran v. Illinois Workers' Compensation Commission, No. 23-L-50318 (Ill. Ct. App. 10/03/25)

What Happened?

While working as a clerk for a liquor store, the claimant allegedly fell down a staircase. Following a hearing, an arbitrator determined that the claimant did not prove that he sustained an injury arising out of and occurring in the course of his employment. The Workers' Compensation Commission affirmed. On judicial review, the trial court affirmed. The claimant appealed.

The Injured Workers' Benefit Fund argued that the claimant failed to adequately invoke the trail court's subject matter jurisdiction.

Rule of Law

Subject matter jurisdiction either exists or it does not, and it cannot be waived stipulated to or consented to by the parties. If a trial court lacked subject matter jurisdiction, its order is void and of no effect.

What the Court Said

According to the appellate court, the circuit court lacked subject matter jurisdiction to review the decision of the WCC because the record on appeal was devoid of evidence that the claimant:

(1) Tendered a written require for summons to the circuit court

(2) Filed with the commission a notice of intent to file for review in the circuit court

(3) Exhibited to the clerk of the circuit court either proof of filing with the commission of a notice of intent to file for review in the circuit court or the affidavit of an attorney setting forth that a notice of intent to file for review had been given to in writing to the secretary or assistant secretary of the commission.

The court looked to several precedent cases in making its ruling:

Whitmer v. Industrial Comm'n, 187 Ill. App. 3d 409 (Ill. Ct. App. 1989). The employee's failure to file a separate document requesting issuance of summons by the clerk of the circuit court divested the trial court of jurisdiction to consider an appeal from the commission.

Bracy v. Industrial Comm'n, 338 Ill. App. 3d 285 (Ill. Ct. App. 2003). Vacated order of the circuit court and dismissed the appeal where the claimant failed to file a written request for issuance of summons and noted that the fact that summonses issued did not excuse the statutory requirement of filing the written request.

Taylor v. Industrial Comm'n, 221 Ill. App. 3d 701 (Ill. Ct. App. 1991). Affirmed the circuit court's dismissal of a claimant's appeal for lack of subject matter jurisdiction where the claimant failed to file a written request for issuance of summons.

Vanda v. Illinois Workers' Compensation Comm'n, 2022 IL App (3d) 210250WC-U (Il. Ct. App. 2022). The claimant sought review of a commission decision but failed to file with the commission a notice of intent to file for review in the circuit court, so the circuit court lacked subject matter jurisdiction and properly dismissed the claimant's action.

Conway v. Illinois Workers' Compensation Comm'n, 2019 IL App (4th) 1808285WC (Ill. Ct. App. 2019). Held that the failure of a party to: 1) exhibit to the clerk of the circuit court proof of filing with the commission of the notice of intent to file for review in the circuit court; or 2) an affidavit of the attorney setting forth that notice of intent to file for review in the circuit court has been given in writing to the secretary or assistant secretary of the commission within 20 days of the commission's decision divested the circuit court of subject matter jurisdiction.

Verdict: The court vacated the circuit court's decision and dismissed the claimant's appeal.

Takeaway

In Illinois, while circuit courts are courts of general jurisdiction and enjoy the presumption of subject-matter jurisdiction, this presumption does not extend to workers’ compensation proceedings. Instead, court in a workers’ compensation proceeding exercises “special statutory jurisdiction” and strict compliance with the Workers' Compensation Act is required to vest the circuit court with subject matter jurisdiction.

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