In Barickello v. Illinois Workers’ Compensation Commission, the Illinois Appellate Court did not rule on the merits of the worker’s claim or the employer’s defenses. Instead, it dismissed the employer’s appeal because the court lacked jurisdiction to hear it. 
The worker injured his back on the job and later settled his workers’ compensation case. Years after the settlement, he asked the Workers’ Compensation Commission to enforce continued medical payments. The Commission said it did not have the power to enforce a final settlement and that enforcement must be sought in circuit court. The worker then asked the circuit court to review the Commission’s decision. The employer tried to dismiss that case, arguing the court lacked jurisdiction, but the circuit court denied the motion to dismiss.
The employer appealed that denial. The appellate court ruled that a denial of a motion to dismiss is not a final decision and is generally not appealable. Because there was no final judgment resolving the case, the appellate court had no authority to review the appeal. The case was sent back to the circuit court to continue the proceedings.
