Hunt v. Herrod

Illinois Appellate Court
Civil Court
Workers’ Compensation Act
Citation
Case Number: 
2019 IL App (3d) 170808
Decision Date: 
Friday, February 15, 2019
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Reversed and remanded.
Justice: 
O'BRIEN

(Correcting case name, number, and link.) Plaintiff police officer was injured, while on duty, in a car accident caused by Defendant. Plaintiff suffered another injury to his back while at a police training. Court erred in awarding City any amount on its workers' compensation lien, as court failed to distinguish which benefits corresponded to which of his 2 injuries, and erred in not requiring City to present medical evidence in support of its lien. Evidence depositions of physicians deposed for the pension board proceeding should be admitted. Medical testimony in depositions is necessary for court to properly determine to what portion of lien City was entitled as reimbursement for payments it made for injury from car accident. (CARTER and WRIGHT, concurring.)