Burhmester v. Steve Spiess Construction, Inc.

An employer is not required to raise its Kotecki setoff limit or workers' compensation lien as an affirmative defense or before trial. As it was undisupted that Plaintiff was an injured employee receiving compensation under Workers Compensation Act from employer, there was no need for employer, who was third-party Defendant, to place issue before jury by pleading an affirmative defense, and court could address issue by posttrial motion.(O'BRIEN and McDADE, concurring.)