Nussbaum Trucking Co. v. Conley

PRESIDING JUSTICE GREEN

delivered the opinion of the court:

Defendant appeals from a declaratory judgment directing that his pending application for adjustment of claim before the Industrial Commission (Commission) be dismissed on the basis of res judicata. Defendant contends that the trial court abused its discretion in granting declaratory relief when plaintiff had not exhausted its administrative remedies. We agree and reverse.

In 1983, defendant filed an application for adjustment of claim for a heart attack. The claim was dismissed in 1986 for want of prosecution. Defendant did not attempt…