Esquivel v. Illinois Workers' Compensation Commission

I respectfully disagree with the majority’s view that Jones v. Industrial Comm’n, 188 Ill. 2d 14 (1999), and Berry v. Industrial Comm’n, 55 Ill. 2d 274 (1973), are “factually inapposite.” After considering the facts and circumstances in the case at bar in accordance with the reasoning in Jones and Berry, I would reverse the circuit court’s judgment dismissing the petition for judicial review and remand the case for a decision on the merits.

It is well settled that the circuit court exercises a special statutory jurisdiction in review of decisions of the Commission and that the court obtains…