Legal Memorandum: Court’s obligation to examine jurisdiction where the facts do not fit within the requirements of the rule

Issue: Under Illinois law, may a court exercise jurisdiction over an appeal where the parties agree to the jurisdiction; but where the facts do not fit within the requirements of the rule?

A court has an obligation to examine jurisdiction and dismiss an appeal if jurisdiction is lacking. Williams v. Industrial Comm’n, 336 Ill. App. 3d 513, 515 (2003).  A circuit court order reversing a decision of the Commission and remanding the matter back to the Commission for further proceedings is generally not a final order for purposes of appeal. Id. at 516. It is only in cases where the Commission on remand has been ordered to act in accordance with the directions of the circuit court and conduct proceedings on uncontroverted incidental matters or merely make a mathematical calculation, that the circuit court’s order is considered a final order for purposes of appeal. Edmonds v. Illinois Workers’ Compensation Comm’n, 2012 IL App. (5th) 110118WC, ¶ 19; see also A.O. Smith Corp. v. Industrial Comm’n, 109 Ill.2d 52, 54-55 (1985).

McNease v. Illinois Workers’ Compensation Commission, No. 5-15-0276WC, 2016.IL.000242 (Feb. 5, 2016) (VersusLaw).

Date: March 1, 2016
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