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WILLIAMS, McCARTHY, ETC. v. NORTHWESTERN NAT. INS.

No. 84-1124.

750 F.2d 619 (1984)

WILLIAMS, McCARTHY, KINLEY, RUDY & PICHA, a partnership, and Kreindler & Kreindler, a partnership, Plaintiffs-Counterdefendants-Appellees, v. NORTHWESTERN NATIONAL INSURANCE GROUP, an insurance corporation, and Graphic Arts Technical Foundation, Inc., a corporation, Defendants-Counterplaintiffs, Third-Party Plaintiffs-Appellants, v. Mildred V. DUNBAR, individually, and as executor of the estate of Richard V. Dunbar, deceased, Third-Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 19, 1984.

Attorney(s) appearing for the Case

John L. Heaslip, Clark & Heaslip, Rockford, Ill., for plaintiffs-counterdefendants-appellees.

Richard R. Haldeman, Williams & McCarthy, Rockford, Ill., for defendants.

Before ESCHBACH and POSNER, Circuit Judges, and WISDOM, Senior Circuit Judge.

POSNER, Circuit Judge.

Section 5(b) of the Illinois Workers' Compensation Act, Ill.Rev.Stat.1981, ch. 48, ¶ 138.5(b), provides that if an employee is injured in circumstances requiring his employer to compensate him under the Act, and if he later recovers damages from a tortfeasor for the same injury, he must pay from his damage award "to the employer the amount of compensation paid or to be paid by [the employer] to such employee"; but "where the services of...

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