Bayer v. Panduit

This case presents question as to whether trial court properly granted plaintiff-injured worker’s motion for attorney fees under section 5(b) of Workers’ Compensation Act that requested order compelling plaintiff’s employer (which had previously entered into settlement agreement with plaintiff as part of plaintiff’s negligence action against third-party for plaintiff’s work-related injuries) to pay plaintiff’s attorney fees in amount representing 25% of future workers’ compensation benefits (i.e., future medical bills, long-term care and comparable benefits) that had been suspended by statute as result of plaintiff’s underlying settlements in negligence action. Appellate Court, in reversing trial court, found that section 5(b) does not require employer to pay attorney fees for suspended future medical payments, since medical payments did not constitute “compensation” to plaintiff, where medical payments were made directly to medical providers as opposed to plaintiff.