Malone v. Industrial Com‪.‬

John William Malone filed an application for adjustment of his claim under the Workers' Compensation Act (Ill. Rev. Stat. 1977, ch. 40, par. 138.1 et seq.) for a myocardial infarction he allegedly sustained while employed by Community Unit School District No. 201. Following a hearing, the arbitrator denied the claim. On review, the Industrial Commission affirmed the decision of the arbitrator. Claimant contends that on September 16, 1983, he mailed a letter accompanied by a check in the amount of $175 to the Industrial Commission for payment of the probable costs of the record on appeal. On the same date, claimant filed a praecipe for a writ of certiorari and a writ of scire facias with the circuit court of Mercer County. Attached to the praecipe were copies of the letter and check allegedly sent to the Industrial Commission. Although neither a receipt showing payment for the probable cost of the record nor an attorney's affidavit affirming that payment had in fact been made were exhibited, the circuit clerk issued a writ of certiorari and summonses to both the Industrial Commission and the attorney for the school district. On September 23, 1983, the receipt showing payment for the probable cost of the record was filed with the circuit court.