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Durand v. Industrial Comm'n

Case Date: 06/03/2005
Court: Workers' Compensation
Docket No: 3-04-0514WC Rel

WORKERS' COMPENSATION
COMMISSION DIVISION


 

No. 3-04-0514WC

IN THE

APPELLATE COURT OF ILLINOIS

THIRD JUDICIAL DISTRICT

WORKERS' COMPENSATION COMMISSION DIVISION

DEANA DURAND,

                           Appellant,

                                              v.

THE INDUSTRIAL COMMISSION, et al.,
(RLI INSURANCE COMPANY,

                           Appellee).

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)		 APPEAL FROM THE
CIRCUIT COURT OF
PEORIA COUNTY

No. 03 MR 276
 

HONORABLE
JOHN BARRA,
JUDGE PRESIDING.

JUSTICE HOFFMAN delivered the opinion of the court:

The claimant, Deana Durand, appeals from an order of the circuit court of Peoria County confirming a decision of the Industrial Commission (Commission)(1) which denied her benefits under the Workers' Compensation Act (Act) (820 ILCS 305/1 et seq. (West 2000)) on the grounds that her application for adjustment of claim was filed outside of the applicable limitations period. For the reasons which follow, we affirm.

On January 12, 2001, the claimant filed an application for adjustment of claim pursuant to the Act, seeking benefits for repetitive trauma injuries to her wrists and upper extremities arising out of and in the course of her employment with RLI Insurance Company (RLI). In that application, the claimant alleged that September 8, 2000, was the date of her injury. An arbitration hearing was held on May 9, 2002, during which the following facts were established by the testimony presented and exhibits admitted into evidence.

Prior to the arbitration hearing, the claimant had been employed by RLI for approximately 11 years; the last 7 years of which she worked as a policy administrator. As a policy administrator, the claimant spent 1