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DiVARCO v. W.J. LAZYNSKI, INC.

No. 1-88-3817.

199 Ill. App.3d 808 (1990)

557 N.E.2d 577

VIOLET DIVARCO, Plaintiff-Appellee, v. W.J. LAZYNSKI, INC., et al., Defendants (Baywood Construction Company, Intervenor-Appellant).

Appellate Court of Illinois — First District (2nd Division).

Opinion filed June 5, 1990.

Attorney(s) appearing for the Case

James W. Ford, of Braun, Lynch, Smith & Strobel, Ltd., of Chicago, for appellant.

Michael W. Rathsack, Dominic R. Fichera, and Charles A. Fanucchi, all of Chicago, for appellee.

Order affirmed.

JUSTICE BILANDIC delivered the opinion of the court:

Intervenor, Baywood Construction Company (Baywood), appeals from an order of the circuit court denying its petition to impress a workers' compensation lien on the proceeds plaintiff, Violet DiVarco, received in settlement of a Structural Work Act (Ill. Rev. Stat. 1985, ch. 48, par. 60 et seq.) cause of action.

On June 22, 1977, plaintiff's husband, Sam DiVarco, died from injuries...

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