Fortson v. Industrial Commission

PRESIDING JUSTICE BARRY,

dissenting:

The majority acknowledges that factually this case is virtually identical to Visioni v. Industrial Comm’n (1942), 379 Ill. 608, 42 N.E.2d 64, but purports to give overriding significance to the fact that the statutory scheme then in effect is not what it now is. I respectfully disagree with the reasoning as well as the majority’s result. I would hold, consistent with Visioni and the modern trend to liberalize jurisdictional requirements (see, e.g., Barry v. Industrial Comm’n (1973), 55 Ill. 2d 274, 302 N.E.2d 277; Chadwick v. Industrial Comm’n (1987), 154…