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Qbe Insurance Co. v. Illinois Workers' Compensation Commission

Court of Appeals of Illinois, Fifth District

July 12, 2013

QBE INSURANCE COMPANY, Appellant,
v.
THE ILLINOIS WORKERS' COMPENSATION COMMISSION et al (Ronald Voges and G & S Foundry, Appellees)

Rehearing denied August 13, 2013

Held[*]

In proceedings on a workers’ compensation claim, the order of the Workers’ Compensation Commission granting the request of the employer’s insurer to be added as a “named party” in the case after the entry of an award under section 19(b) of the Workers’ Compensation Act was vacated, the insurer’s appeal from the trial court’s confirmation of the Commission’s decision awarding benefits to the injured employee was dismissed for lack of jurisdiction, and the cause was remanded to the Commission, since neither case law nor the statute allows an insurer to intervene after a section 19(b) award where the insurer was not a party to the proceedings and the employee brought the claim against the employer alone.

Appeal from the Circuit Court of St. Clair County, No. 11-MR-293; the Hon. Stephen P. McGlynn, Judge, presiding.

Ian M. White, of Ganan & Shapiro, P.C., of Peoria, for appellant.

Daniel K. Juncker, of Belleville, for appellee Ronald Voges.

Michael R. Baggot, of Ripes, Nelson, Baggot & Kalobratsos, P.C., of Hoffman Estates, for appellee G&S Foundry.

Panel JUSTICE HARRIS delivered the judgment of the court, with opinion. Presiding Justice Holdridge and Justices Hoffman, Hudson, and Stewart concurred in the judgment and opinion.

OPINION

HARRIS JUSTICE

¶ 1 QBE Insurance Company (QBE) appeals from an order of the circuit court of St. Clair County which confirmed a decision of the Illinois Workers' Compensation Commission (Commission), ordering the employer, G&S Foundry, to pay claimant, Ronald Voges, benefits pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/1 to 30 (West 2008)), for repetitive trauma injuries he suffered to his hands, elbows, and upper extremities while employed by the employer. For the reasons which follow, we dismiss QBE's appeal for lack of jurisdiction.

¶ 2 I. BACKGROUND

¶ 3 On January 28, 2010, claimant filed an application for adjustment of claim pursuant to the Act, seeking benefits from the employer for repetitive trauma injuries suffered to his hands, elbows, and upper extremities on May 12, 2009, later amended to October 14, 2010. Claimant named only himself and the employer as parties in the application.

¶ 4 Following a hearing held pursuant to section 19(b) of the Act (820 ILCS 305/19(b) (West 2008)), an arbitrator found claimant's current condition of ill-being causally related to his work injury on October 14, 2010. The arbitrator ordered the employer to compensate claimant for (1) medical expenses and (2) medical treatment, including surgical intervention for severe bilateral carpal and cubital tunnel syndrome.

ΒΆ 5 The arbitrator filed its decision with the Commission on February 11, 2011, and the Commission mailed a copy of the arbitrator's decision to claimant's attorney and the ...


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