Illinois Appellate Court
Civil Court
Workers Compensation
State's CMS intervened in a negligence suit filed by license examiner for Secretary of State (who was injured when student backed up over a curb and hit a light pole) against third-party tortfeasors (student and driving school). CMS filed motion to enforce its workers compensation lien against the arbitration award for Plaintiff, per Section 5(b) of Workers Compensation Act. Court improperly reduced CMS's workers compensation lien arbitrarily. Court's conducting of evidentiary hearing to determine whether portion of arbitration award was not related to injury was not provided for by statute. CMS is entitled to lien recovery on entire arbitration award less 25% for attorney fees and a pro rata share of reasonable costs and expenses. (HALL and HOFFMAN, concurring.)