Supreme Court of Illinois

In an action to recover from a work-related injury beyond workers' compensation benefits, circuit court decision dismissing plaintiff's complaint for declaratory judgment is affirmed where: 1) Section 5(b) of the Workers' Compensation Act was enacted in order to allow both the employer and employee "an opportunity to reach the true offender while preventing the employee from obtaining a double recovery"; 2) the stated purpose behind section 5(b) was not advanced in this case, where defendant received no benefit or reimbursement from a third party; and therefore 3) the appellate court misconstrued the way the section 5(b) attorney fee operates.

Appellate Information

• Decided 12/04/2008
• Published 12/04/2008

Judges

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Stephen C. Mudge, Tara I. English and Tori L. Cox, of Reed, Armstrong, Gorman, Mudge & Morrissey, P.C., Edwardsville, for appellant.


• For Appellees:
  
• William L. Berry, John W. Leskera and Kevin J. Newton, of Dunham, Boman & Leskera, Collinsville, for appellee.