Illinois Appellate Court
Civil Court
Workers' Compensation
(Court opinion corrected 2/7/18.) Court erred in denying employee's petition to intervene in action filed by her employer against Defendants as employee's subrogee pursuant to Section 5(b) of Workers' Compensation Act.Plaintiff had filed suit against Defendants after expiration of 2-year statute of limitations, and after her employer had timely filed its suit for damages as subrogee. Court's dismissal of employee's suit as time-barred does not act to bar, on res judicata grounds, her intervention in employer's timely filed case.(COBBS and FITZGERALD SMITH, concurring.)