the employer had no counsel present the claims representative handling the file did not send it out for defense until after the ex parte hearing took place and i well it certainly wasn't defense counsel reiner i you know to simply state that for some unknown reason he claims representative for the assurance company on review not you know we did not receive that case in time to be able to appear and present any evidence here at hearing and i realize we're stuck with the record and the evidence that was however with regard to all of the other testimony and issues he does he testified that he had a medical condition needed treatment but he also as he needed to test gave testimony and introduced a medical opinion to make this private based case and likewise the jurisdictional issue is the petitioners legal people clues but there is no evidence in the record to state where they at last apt to place which is what the court looks at to determine whether or not there is indeed a contract with the state about the fish so if you were pump a verse here or argument disagreement about it but the record doesn't lend itself to cold concerning practice before the commission have also a section concerning notice for nineteen be here it's and that requires fifteen days notice and although the arbitrator does have the power to enlarge or reduce that notice it doesn't give her the power to totally eliminate the not three years however typically that's and it doesn't say what type of hearing to typically those are full and final hearing the arbitrator has the power to move the case along if the attorneys are not doing so remainder of the file is still open concerning additional medical treatment and permanent partial disability the the rules are very clear with regard to a nineteen feet hearing i can't speak to what the claims representative knew but i know she that she should have known what the law is an illinois a we certainly did not know because we had not been assigned this case but that there was no notice that one five was already operated on on the day this trial the other side not taking place but was going to in the near future the last communications work day after this next surgery will get you to me now that is not the claims representative from having someone request a continuance of the hearing it absolutely does not that it he does at least have someone he could have given notice to by simply making a telephone call what's said either than in the transcript you arbitrator says that mr frederick represented to her that there had been no time half from any claims representative for a behalf of the employer and that is not correct now mr fredericks has argued previously that there was a letter that he presented but the letter was very aged it did not evidence or more and he buys the part of the reason why is that union rufin is a resident of illinois that really although i mean that or in a civil case where when the defendant can be found or where it resides it doesn't have any bearing with the notice that was given was when the commission sent out the notice of the claim being filed in illinois sent to lawyer and the insurance co by the commission as well as my office that the his testimony was he's in illinois the corporations in illinois everything's done in illinois except at work so i think that the commission conferred from those facts that that the contract was  their own commission rule that will states that in all cases that have been on file of industrial action for three or more years partner their attorneys must present a status call on which the case appears they must be  circular reasoning power they know how to make a request for a continuance if they didn't know what the matter was that that's a good question i mean they have the obligation to know oh it's really just because it's so that they have to because the petitioner didn't step this case for trial i showed up at the docket because i was required to and when i showed up there the judge told me that i had to go to trial this morning is no this isn't   regardless of where the accident causing injury occur if the employment contract is made in illinois then that gives that commission jurisdiction it's also developments were technically met but that's implicit in the other things that he did testified to and that's the implication that the commission truth that the employer and all the parties to the contract are in illinois in fact the only thing that happened outside of illinois was settlement demand would be submitted at some point in the future there were also several letters that were introduced into evidence at trial where and i requested that set for hearing if there is not a continuance it is common practice for attorneys and i've done this a number of times myself if petitioners council doesn't appear to yell out at the back it what the status of the case is or discuss with  afterwards what the status of the cases that the arbitrator will you know determine whether or not it will be considered or separate hearing and usually if something's going on with the case it's not separate although i was not present i can't say with any certainty oh she wouldn't have made us go to a hearing on this case but it in addition with regard to all of the elements concerning the contract for hi he found that in illinois it doesn't matter with regard to jurisdiction whether the employer and employee are proud of the state the employee was a union roofer he testified that he worked out of a home in missouri