In re Estate of Rexroad

A workers' compensation lien, pursuant to Section 5(b) of the Workers' Compensation Act, cannot be subject to reduction or elimination due to conduct on the part of the insurer in its handling of the workers' compensation claim itself, in its cooperation with an investigation of 3rd-party causes of the injury, or in its negotiations with employee as to satisfaction of its lien. Under Section 5(b) of the Act, an employer's right to reimbursement of full amount of benefits paid or to be paid to worker is absolute. No basis in Illinois law to hold that alleged conduct on part of lienholder (workers' compensation insurer of employer) outweighs absolute right that it has to reimbursement of its lien. (WELCH and OVERSTREET, concurring.)