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KEYSTONE STEEL & WIRE v. COOKSEY

No. 3-91-0568.

592 N.E.2d 1131 (1992)

228 Ill. App.3d 429

170 Ill.Dec. 451

KEYSTONE STEEL & WIRE, Plaintiff/Cross-Defendant, Appellee, Cross-Appellant, v. Samuel D. COOKSEY, Defendant/Cross-Plaintiff, Appellant, Cross-Appellee.

Appellate Court of Illinois, Third District.

Rehearing Denied June 10, 1992.

Attorney(s) appearing for the Case

Diane E. Greanias (argued), Warren E. Danz, P.C., Peoria, for Samuel D. Cooksey.

John A. Maciorowski (argued), Stevenson, Rusin & Friedman, Chicago, for Keystone Steel & Wire.

Justice McCUSKEY delivered the opinion of the court:

Employee and Employer appeal the trial court's entry of judgment on a workers' compensation award. We conclude the complaint and application for entry of judgment should have been dismissed for lack of subject matter jurisdiction. We reverse the denial of Employer's motion to dismiss, and remand to the Industrial Commission for further proceedings.

In 1980, Samuel Cooksey, suffered a heart attack while employed...

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