Country Mutual Insurance v. D & M Tile, Inc.

I would find that the trial court lacked jurisdiction to consider whether Walenga elected to withdraw himself from coverage under the Workers’ Compensation Act (the Act) (820 ILCS 305/1 et seq. (West 2006)). I would further find that, under section 18 of the Act, the Workers’ Compensation Commission (the Commission) should have exclusive jurisdiction over this question. 820 ILCS 305/18 (West 2006). I therefore respectfully dissent.

At issue in the instant matter is whether Walenga was a bona fide officer who voluntarily elected to withdraw from coverage under the Act pursuant to section…