No. 18-263

Sheryl Faust v. Illinois Workers Compensation Commission, et al.

Lower Court: Illinois
Docketed: 2018-08-30
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law administrative-procedure arbitrary-barriers bodily-integrity due-process equal-protection fourteenth-amendment redress workers-compensation
Key Terms:
AdministrativeLaw Arbitration DueProcess JusticiabilityDoctri
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether the Due Process and Equal Protection clauses of the Fourteenth Amendment prevent states from using arbitrary barriers to deprive workers of their right to protect bodily integrity and correlative right to a fair mechanism for redress?

Question Presented (OCR Extract)

QUESTION PRESENTED A person’s most fundamental rights are triggered when they are injured at work, the right to protect bodily integrity and the correlative right to a fair mechanism for redress. More than a century ago, Illinois substituted an administrative compensation system for the worker’s common law and self-help options. The state monopolized the means for redress and made each worker dependent on the state mechanism for relief when they were injured. The same is true of every workers’ compensation system in the nation. But states are methodically carving away at these mechanisms for redress through legislative enactments and reinterpretation of old statutory provisions. In 2015, Illinois courts discovered new thresholdsfor compensation not changed since the start of the system. The state applied the new thresholds to deny Faust’s treatment and benefits. However, the state’s new threshold scheme is an arbitrary barrier against compensation. This petition presents a question of vital importance to all injured workers and their dependents. Whether the Due Process and Equal Protection clauses of the Fourteenth Amendment prevent states from using arbitrary barriers to deprive workers of their right to protect bodily integrity and correlative right to a fair mechanism for redress?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-10
DISTRIBUTED for Conference of 10/26/2018.
2018-09-12
Waiver of right of respondent Cadence Health to respond filed.
2018-08-28
Petition for a writ of certiorari filed. (Response due October 1, 2018)

Attorneys

Cadence Health
Daniel John CroninPower & Cronin, Ltd., Respondent
Daniel John CroninPower & Cronin, Ltd., Respondent
Sheryl Faust
Kurt Alan NiermannPorro Niermann Law Group, LLC, Petitioner
Kurt Alan NiermannPorro Niermann Law Group, LLC, Petitioner