Illinois Appellate Court
Civil Court
Workers' Compensation
Court improperly restricted employer's recovery on a workers' compensation lien against proceeds of settlement obtained by its former employee. Order limited employer's recovery to amount paid by Illinois Insurance Guaranty Fund, but barred recovery of amount paid by its workers' compensation carrier before carrier went into liquidation. Entire lien should have been enforced; whether employee was paid workers' compensation benefits by Fund or insurance carrier, employer has statutory right to reimbursement as provided in Section 5(b) of Workers' Compensation Act. (GALLAGHER and LAVIN, concurring.)