By Robert G. Rassp, author of The Lawyer’s Guide to the AMA Guides and California Workers’ Compensation (LexisNexis) Disclaimer: The material and any opinions contained in this treatise are...
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Under the plain language of 820 ILCS 305/5(b) (2016), an employer's right to reimbursement of the full amount of benefits paid or to be paid to the injured or deceased worker is absolute; it may not be diminished or, as in this case, strikes by a trial court based upon allegations that the employer and/or carrier did not cooperate sufficiently in the third-party suit that produced a settlement. The court indicated the estate had not cited any Illinois case that suggested that a court had the power to limit or strike an employer's lien based on conduct on the part of the employer or its insurer. Absent such a showing, it was error for the trial court to do so.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Estate of Rexroad v. Mid-West Truckers Risk Mgmt. Ass’n, 2018 IL App (5th) 170342, 2018 Ill. App. LEXIS 283 (May 15, 2018)
See generally Larson’s Workers’ Compensation Law, § 117.01.
Source:Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law