IDC Submits Amicus in Martin v. Goodrich Corporation

The IDC recently filed an amicus brief in the case of Martin v. Goodrich Corporation seeking to invalidate the Illinois legislature’s enactment of 820 ILCS 310/1.1. This statute created an exception to the exclusivity rules under the Illinois Worker’s Occupational Diseases Act which eliminated the exclusivity provision of the ODA if the injured worker was barred from presenting a claim due to a “period of repose or repose provision.” The case came to the Illinois Supreme Court on a certified question from the 7th Circuit Court of Appeals. The 7th Circuit was asked to analyze this newly created exception in the case of Patricia Martin, whose husband had passed away from alleged workplace exposure to a dangerous chemical in the 1970s. The time for Martin to file a claim had long since passed; however, Martin sought to invoke the newly created Exception 1.1 to allow her claim to proceed.

The 7th Circuit issued an opinion and certified questions to the Illinois Supreme Court stating that the exception left them with more questions than answers and they felt the Illinois Supreme Court was the proper court for these questions to be answered.

We thank Edward Grasse and Christopher Willis of Grasse Legal for authoring the Amicus brief on behalf of the IDC. The brief argues that the exception cannot be read as the plaintiff suggests, as it would lead to absurd results. The brief also argues that the legislation violates the Special Legislation provision of the Illinois Constitution in that it confers a special benefit on only those workers who have failed to timely exercise their rights under the ODA.