The Illinois Supreme Court considered three questions certified by the Seventh Circuit Court of Appeals pursuant to SCR 20. All of the rules dealt with an amendment to the Workers’ Occupational Diseases Act that allowed for workers barred by the Act’s exclusivity and repose provisions to instead pursue relief through a civil action. The Supreme Court answered the questions by finding that plaintiff was barred from bringing an action under the Act by a repose provision and that the prospective application of the recent exception did not violate the defendant’s right to due process under the Illinois constitution and that plaintiff's civil action could proceed pursuant to the recent amendment to the Act. (THEIS, NEVILLE, OVERSTREET, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)
Illinois Supreme Court
Civil Court
Workers' Occupational Disease Act