morning members of the cour here at the time of this settlement contract when it was negotiated and for dental this claimant had accessed a disability policy through her employer we were concerned because we know the nature of these contracts these disability conference insurance policies they're concerned because they're typically loaded with subrogation and repayment agreements and and set off clauses in other words if you're on disability one of these and you get social security it sets off you gotta pay him back if you're on a nice polishing easy to get workers compensation it sets off you gotta pay him back is loaded if you get ten dollars from your rant from kansas in your birthday card you gotta pay him back so we draft good counsel draft of the after negotiation a very specific settlement contract and it says and i quote it in additional consideration for the settlement and the total and complete relief of the employer from any and all possibility is to respon now section sixty the order from the commission says a couple of different things number one it says we don't have jurisdiction but then it goes on the say that we waived the jurisdiction because of the language in the contract you can't w an award entered by the commission correct correct nobody appealed it correct crap it was a final order nobody p o v settlement contract i don't think anybody is questioning whether they can you know determine penalties attorneys penalties and fees ok do you hear the commission in forcing a final award generally speaking in order to enforce a final work we need to have a number on your own who better than to jurisdiction in the circuit court to enforce fighting commission decisions not in the commission and it certainly doesn't give them the in florida to take the case to explain would be mapped your honor is not the settle commission's decision serves they were supposed to pay even if the pay and we need has no number on it you file a case in circuit court of cook county guess who gives you the number of the clerk of the court we think she does anyone get any rate she supposed to give me a number and you get to go before a judge based on that number and you're just supposed to enforce the decision of the commission that has become final in your settlement contract was certainly fine it is final and i agree situation with the fear to be underage you have a final decision of the commission there were no proceedings for review pending before the commission and even the order to give providing for the payment runs from the data you were not the data the judge and i and i agree if we don't have the if we don't have jurisdiction to pursue penalties for nonpayment of an award i believe that we don't defeat part of the purpose of the act in that we are no longer up and up in summary he at the commission in that we have to now tally up our prime which we don't keep on a regular basis in that there is no statutory penalty for  act summary hearings we don't tally up time the fees twenty percent the penalty is fifty percent of the unpaid amount still available it's on my desk right now when this for shooting has concluded but i submit to the floor that it doesn't make sense final decision of the commission in the form of an approved settlement contract that was done in january of two thousand and nine the order world we're concerned with here was entered some three and a half year and later is that it makes sense like i said now we are requesting from the chord some guidance because this question is continually and increasingly arising below at the commission level which we didn't and then they go on to add even though according to them there's no jurisdiction they say well it was to confusion anyhow so they would know penalties but they would all be in thirty two thousand dollars that part i don't petition for penalties yet what does the order mean you gave a or didn't take it and then it's going to be interpreted again in front of the circuit court in the nineteen g when you say reduce me reduce it to judgement the only sure fair or it reminds me it reminds me of the criminal defendant who stands up and closing argument and says i wasn't in the building when the man was shot but if i was it was self defense i mean you know come on just i read completely i know that commissioner cheerily had a short paragraph in a dissenting or special concurring decision and he opinion we are in need of some guidance when at least the jurisdiction issue for the commission to hear these penalties petitions in general is slow specific to this case thank you thank you council both