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DENIUS v. ROBERTSON

No. 80-491.

98 Ill. App.3d 83 (1981)

424 N.E.2d 336

MICHAEL DENIUS, Adm'r of the Estate of Charles V. Denius, Deceased, Plaintiff-Appellee and Cross-Appellant, v. JAMES M. ROBERTSON et al., Defendants. — (THE HOME INSURANCE COMPANY et al., Intervening Appellants and Cross-Appellees.)

Appellate Court of Illinois — Third District.

Opinion filed July 16, 1981.

Attorney(s) appearing for the Case

Robert H. Jennetten, of McConnell, Kennedy, Quinn & Johnston, of Peoria, for appellants.

Watts C. Johnson, of Johnson, Martin & Russell, of Princeton, for appellee.

Judgment reversed.

Mr. JUSTICE HEIPLE delivered the opinion of the court:

This appeal involves an employer's right under the Workmen's Compensation Act (Ill. Rev. Stat. 1975, ch. 48, par. 138.5(b)) to reimbursement from any recovery an employee receives from a third-party tortfeasor actually responsible for the employee's injury. Specifically, we are confronted with the manner in which the employer's insurer...

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