{
  "id": 3164242,
  "name": "AMERICAN STRUCTURES, INC., Appellee, v. THE INDUSTRIAL COMMISSION et al. (Eugene Spivey, Appellant)",
  "name_abbreviation": "American Structures, Inc. v. Industrial Commission",
  "decision_date": "1983-12-01",
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    "judges": [],
    "parties": [
      "AMERICAN STRUCTURES, INC., Appellee, v. THE INDUSTRIAL COMMISSION et al. (Eugene Spivey, Appellant)."
    ],
    "opinions": [
      {
        "text": "JUSTICE WARD\ndelivered the opinion of the court:\nThe claimant, Eugene Spivey, appeals to this court under Rule 302(a) (87 Ill. 2d R. 302(a)) from a judgment of the circuit court of Macon County, which reversed a decision of the Industrial Commission. The Commission had reinstated a petition of the claimant to review disability payments under section 19(h) of the Workmen\u2019s Compensation Act (Ill. Rev. Stat. 1977, ch. 48, par. 138.19(h)). On certiorari the circuit court dismissed the petition on the ground that it was not timely filed. The claimant\u2019s contention is that the circuit court did not have jurisdiction to review the case.\nA history of the case will be helpful to an understanding of the present dispute. On September 6, 1973, the claimant filed an application for adjustment of claim under the Workmen\u2019s Compensation Act (Ill. Rev. Stat. 1973, ch. 48, par. 138.1 et seq.) for injuries sustained on March 27, 1973, while he was employed by the respondent, American Structures, Inc. The arbitrator made an award for temporary total disability benefits, medical expenses, and permanent partial disability benefits representing a 25% disability of the left arm, a 20% disability of the right leg, and a 20% disability of the left leg.\nOn review, the Industrial Commission modified the award on March 22, 1976, increasing the award of medical expenses and the award for permanent partial disability of the left arm from 25% to 30%. American Structures, Inc., was granted certiorari to the circuit court, and on March 8, 1977, the circuit court remanded to the Commission to reduce the award for medical expenses by $1,320.10 and to vacate the awards for disabilities of the claimant's legs. (The record does not explain the extraordinary and deplorable delays in these proceedings.)\nWithout waiting for the Commission to act following the remandment by the circuit court, the claimant on March 17, 1977, filed a notice of appeal to this court. As the award had not been modified by the Commission as the circuit court had ordered, this court dismissed the appeal because there was no appealable order. See Metropolitan Sanitary District v. Industrial Com. (1967), 37 Ill. 2d 447, 449-50.\nOn October 19, 1978, claimant filed with the Commission a petition under section 19(h) of the Workmen\u2019s Compensation Act (Ill. Rev. Stat. 1977, ch. 48, par. 138.19(h)), alleging increased disability of the claimant and seeking review of the award. (The filing of a petition under section 19(h) is independent of the original claim proceedings. See Howard v. Industrial Com. (1980), 81 Ill. 2d 50, 59-60.) The petition was dismissed for want of prosecution on May 18, 1979. On May 30, 1979, the claimant filed a second section 19(h) petition, which the Commission dismissed on October 9, 1979, for want of jurisdiction. In the interim the Commission, on June 8, 1979, modified its award in compliance with the circuit court\u2019s remand order of March 22,1976.\nOn July 3, 1980, the claimant filed a third section 19(h) petition, which on December 31, 1980, was also dismissed for want of jurisdiction. On January 27, 1981, the claimant filed a petition styled \u201cPetition for Writ of Scrivener\u2019s Error\u201d with the Commission. Hearings were held on March 25, 1981, and September 29, 1981, and on February 4, 1982, the Commission issued an order granting the petition and reinstating the section 19(h) petition. The Commission set a date for hearing on the petition.\nThe circuit court of Macon County granted certiorari on December 6, 1982, on the respondent\u2019s petition. The court dismissed the section 19(h) petition on the ground that it had not been filed within the time prescribed by section 19(h) (Ill. Rev. Stat. 1981, ch. 48, par. 138.19(h)). The claimant appealed from the circuit court\u2019s order directly to this court. 87 Ill. 2d R. 302(a).\nThe claimant contends that the Commission\u2019s order reinstating the section 19(h) petition was interlocutory, and that therefore the circuit court could not acquire jurisdiction to review the order.\nIn considering whether the circuit court had jurisdiction, we would observe that this court has held consistently that interlocutory orders of the Industrial Commission are not reviewable by the circuit court. (International Harvester v. Industrial Com. (1978), 71 Ill. 2d 180, 185; Metropolitan Sanitary District v. Industrial Com. (1967), 37 Ill. 2d 447, 449.) Section 19(f)(1) of the Act gives jurisdiction to the circuit court to review decisions of the Industrial Commission by writ of certiorari (Ill. Rev. Stat. 1973, ch. 48, par. 138.19(f)(1)), and this court has interpreted this to mean that only final determinations by the Commission are reviewable (Metropolitan Sanitary District v. Industrial Com. (1967), 37 Ill. 2d 447, 449; see also International Harvester v. Industrial Com. (1978), 71 Ill. 2d 180, 185).\nHere the Commission\u2019s order basically granted the \u201cWrit of Scrivener\u2019s Error,\u201d reinstated the section 19(h) petition, and set a date for a hearing on the section 19(h) petition. Clearly this was interlocutory and not a final determination of the petition\u2019s merits. No hearing was held on the petition before the circuit court granted certiorari. Thus, the circuit court was without jurisdiction to review the interlocutory order.\nFor the reasons given, the judgment of the circuit court of Macon County is vacated, and the cause is remanded to the Industrial Commission for further proceedings.\nVacated and remanded.",
        "type": "majority",
        "author": "JUSTICE WARD"
      }
    ],
    "attorneys": [
      "August M. Mangoni, Ltd., of Chicago (August M. Mangoni and Louis G. Atsaves, of counsel), for appellant.",
      "Rosenberg, Rosenberg, Bickes, Johnson & Richardson, Chartered, of Decatur (David L. Johnson, of counsel), for appellee."
    ],
    "corrections": "",
    "head_matter": "(No. 57674.\nAMERICAN STRUCTURES, INC., Appellee, v. THE INDUSTRIAL COMMISSION et al. (Eugene Spivey, Appellant).\nOpinion filed December 1, 1983.\nAugust M. Mangoni, Ltd., of Chicago (August M. Mangoni and Louis G. Atsaves, of counsel), for appellant.\nRosenberg, Rosenberg, Bickes, Johnson & Richardson, Chartered, of Decatur (David L. Johnson, of counsel), for appellee."
  },
  "file_name": "0040-01",
  "first_page_order": 52,
  "last_page_order": 56
}