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19 Ill. Ct. Cl. 39

Lewandowski v. State

Court of Claims of Illinois

Decided October 20, 1949

Court of Claims of Illinois · decided 1949-10-20

Relies on Black v. Industrial Commission

Decided 1949-10-20

Delaney, J.

¶1On December 29, 1948, the above named claimant, through his attorney, filed an application for benefits under the Workmen’s Compensation Act.

¶2The complaint alleged that on or about April 22, 1947, claimant was injured by reason of an accident arising out of and in the course of his employment with the Division of Highways of the State of Illinois.

¶3On the 23rd day of June, 1949, John R. Lamb, attorney of record for claimant herein, withdrew his appearance in this canse.

¶4Record consists of the complaint and a motion to dismiss filed by the Attorney General.

¶5Section 24 of the Workmen’s Compensation Act prescribes the limit of time in which an action may be brought for liability for accidental injury and, insofar as is applicable to the present injury, provides as follows:

"Provided, that in any case unless application for compensation is filed with the Industrial Commission within one year after the date •of the accident, where no compensation has been paid, or within one year after the date of the last payment of compensation, where any has been paid, the right to file such applications shall be barred.”

¶6The filing of a claim for compensation under the Workmen’s Compensation Act is jurisdictional and a condition precedent to the right to maintain a proceeding under, the Act. Black vs. Industrial Commission, 393 Ill. 187.

¶7This complaint shows on its face that it was filed in this court more than one year after claimant’s alleged injury; therefore, this court is without jurisdiction to hear and determine the issues raised by this complaint.

¶8For the reasons assigned, the motion of the Attorney General to dismiss is hereby allowed.

¶9Complaint dismissed.

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