Lasley Construction Co. v. Industrial Commission

PRESIDING JUSTICE McCULLOUGH,

dissenting:

I respectfully disagree with the denial of the motion to dismiss the appeal. The employer did not comply with section 19(f)(1) of the Act. Section 19(f)(1) provides in part:

"[N]o request for a summons may be filed and no summons shall issue unless the party seeking to review the decision of the Commission shall exhibit to the clerk of the Circuit Court proof of payment by filing a receipt showing payment or an affidavit of the attorney setting forth that payment has been made.” (820 ILCS 3Q5/19(f)(l) (West 1992).)

The respondent’s affidavit states that…