Weston v. Sears Roebuck & Co.

EAGLES, Judge.

We note at the outset that the only question properly before this Court is whether the Industrial Commission had jurisdiction to consider plaintiffs claim for workers’ compensation. By order of the full Commission, the initial hearing was limited to defendant’s motion to dismiss for lack of jurisdiction. Given the limited scope of the hearing, it was patently improper for the deputy commissioner to find and conclude that plaintiff had suffered an injury arising from his employment with defendant. It was similarly improper for the full Commission, on appeal from the Opinion and…