A. G. FLEMING, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant, an employee at Chester State Hospital, was injured by a convict in 1930. He filed a claim in 1934, but the court dismissed it as barred by the statute of limitations under the Workmen's Compensation Act.
Statutes cited: Section 24 of the Compensation Act
Cases cited: Lewis vs. Industrial Commission, 357 Ill. 309
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Headnotes
- WORKMEN'S COMPENSATION ACT-jurisdiction of court in claims under. The jurisdiction of the Court of Claims in actions for compensation by State employees for accidental injuries is derived from Paragraph 6 of Section 6 of Act creating court, and is the same in such actions as Industrial Commission has in other cases and the court in consideration of such cases must be governed by provisions of Workmen's Compensation Act.
- SAME-making claim for compensation within time required by Act, a condition precedent to jurisdiction of court. Making claim for compensation within time fixed by Act is a condition precedent, without which court is without jurisdiction to proceed with hearing.
On December 30, 1930 claimant was an employee of the State of Illinois at the Chester State Hospital for the care of convicts. In the course of the performance of his duties, it was necessary for claimant to remove a convict named Schultz. When the claimant entered Schultz' cell, he was struck on the head with a receptacle, inflicting a scalp wound on the top of the head, extending over the left ear of claimant to the corner of his left eye, causing a slight brain concussion, and requiring several stitches to close the wound.
After a short absence he went back to his position and continued employment until May, 1933, when he was no longer able to do the work.
This claim was not filed until July 18, 1934. Apparently, this claim has some merit, but we must hold that we have no jurisdiction in the matter. In the Court of Claims we are bound within the provisions of the Workmen's Compensation Act, and unless a claim is filed within the time limited by Section 24 of the Compensation Act, we have no jurisdiction.
The Attorney General has made a motion to dismiss for the reason that the claim is barred by the statute. The reason for this ruling is apparent in this case. The records of the institution disclose nothing concerning the case. No report appears to be on file at the hospital. [*103]
In the recent case of Lewis vs. Industrial Commission, 357 Ill. 309, it is held that the making of a claim for compensation within the statutory period is jurisdictional, and a condition precedent to the right to maintain a proceeding under the Compensation Act.
We have repeatedly held that this court is bounded by the provisions of the Compensation Act.
The motion of the Attorney General will, therefore, be sustained.