Is the Commission Divested of Its Review Jurisdiction for Change of Disability 30 Months After Agreement or Award of Compensation ?
In Eschbaugh v. Industrial Comm'n, 286 Ill. App. 3d 963, 967, 677 N.E.2d 438, 441, 222 Ill. Dec. 235 (1996), the Commission dismissed the claimant's section 19(h) petition for lack of subject-matter jurisdiction, finding that her petition was not timely filed within the 30-month period.
The circuit court confirmed the Commission's decision and the claimant appealed. Eschbaugh, 286 Ill. App. 3d at 964, 677 N.E.2d at 439.
The appellate court affirmed, concluding that the 30-month period recited in section 19(h) was in fact jurisdictional and not a statute of limitations. Eschbaugh, 286 Ill. App. 3d at 968, 677 N.E.2d at 442.
"As such, the Commission is necessarily divested of its review jurisdiction for change of disability 30 months after agreement or award of compensation." Eschbaugh, 286 Ill. App. 3d at 968, 677 N.E.2d at 442.