Segers v. Industrial Commission

Plaintiff brought a declaratory judgment action in Franklin County circuit court seeking a declaration that section 9 of the Workers’ Occupational Diseases Act (820 ILCS 310/9 (West 1998)) does not bar her claim for death benefits under the Act, or if it does, that section 9 is unconstitutional. The circuit court granted defendant Old Ben Coal Company’s motion for summary judgment. Plaintiff appealed, and the appellate court reversed, holding section 9 does not bar plaintiff’s claim for death benefits under the Act. 304 Ill. App. 3d 1060. We granted Old Ben’s petition for leave to appeal and…