Illinois Appellate Court
Civil Court
Workers Compensation
Plaintiff filed suit for injuries he suffered while assisting in roof repairs on a commercial building. Plaintiff filed workers compensation claim against his employer, but not against general contractor (Defendant here). Plaintiff never asserted, in his workers compensation claim, that he was injured while acting as employee of general contractor, other than in caption of settlement contract. Court erred in granting summary judgment for Defendant, as genuine issue of fact exists as to whether Plaintiff was a borrowed employee in service of Defendant at time of injury. (ROCHFORD and DELORT, concurring.)