MARY LOUISE FULLER, Claimant, v. SOUTHERN ILLINOIS UNIVERSITY and THE BOARD OF TRUSTEES OF SOUTHERN ILLINOIS UNIVERSITY, Respondents.
Case summary
Claimant filed a personal injury claim in both the Court of Claims and the Industrial Commission for the same accident. The Industrial Commission determined the injuries arose out of and in the course of state employment and made an award. Because the Workers' Compensation Act provides an exclusive remedy, the Court of Claims dismissed the negligence action as barred.
Statutes cited: 820 ILCS 305/5(a)
Cases cited: Wills v. State (1982), 35 Ill. Ct. Cl. 381
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- WORKERS’ COMPENSATION-Claimant awarded damages in workers’ compensation claim-exclusivity provision barred further recovery-negligence claim dismissed. A Claimant who received an award in her workers’ compensation action for injuries arising out of, and in the course of, her State employment could not recover in her negligence claim against the State and the claim was dismissed, since the Workers’ Compensation Act, where applicable, is an exclusive remedy to recover for personal injuries from an employer.
ORDER
SOMMER, C.J.
This cause coming to be heard on the Respondent’s renewed motion to dismiss, due notice having been given, and this Court being fully informed finds:
(1) That a claim for damages for personal injury arising from the same accident was filed both in the Court of Claims and the Industrial Commission by the Claimant.
(2) That on March 26, 1993, an Industrial Commission arbitrator held that the Claimant’s injuries arose out of and in the course of the Claimant’s State employment, and an award was made.
(3) That no petition for review was filed, and the time for filing such has now passed.
(4) That the Workers’ Compensation Act, where it applies, is an exclusive remedy to recover damages for personal injury from an employer. 820 ILCS 305/5(a).
(5) That since the Claimant’s injuries have been finally determined by the Industrial Commission without objection to arise out of an accident which occurred in the course of her State employment, a negligence action for these same injuries against the State is barred. Wills v. State (1982), 35 Ill. Ct. Cl. 381.
It is therefore ordered that the Respondent’s motion to dismiss is granted and this claim is dismissed.