Thornsberry v. SAIF Corp.

Plaintiff commenced this action in circuit court for a redetermination of an order of the Workers’ Compensation Department (Department), which reduced a prior court-adjudicated award of permanent total disability. The circuit court dismissed the complaint on the grounds that the court lacked jurisdiction of the subject matter and that a proceeding pending before the Workers’ Compensation Board (Board) between the same parties constituted an election of remedies by plaintiff. Plaintiff appeals, and we affirm.

In 1953, plaintiff sustained an injury which was compensable under the workers’…