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FRET v. TEPPER

No. 1-91-1064.

618 N.E.2d 526 (1993)

248 Ill. App.3d 320

187 Ill.Dec. 935

Larry FRET, Plaintiff-Appellee, v. Edward TEPPER, Defendant (Illinois Department of Transportation, Defendant-Appellant).

Appellate Court of Illinois, First District, First Division.

June 7, 1993.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Chicago, for appellant Illinois Dept. of Transp.

Alfieri, Abbene, Durkin, Dailey, Ltd., Chicago, for appellee Fret.

Presiding Justice MANNING delivered the opinion of the court:

This is an appeal brought by Illinois Department of Transportation (hereafter The Department) which challenges the trial court's entry of an order limiting the Department's workers' compensation lien pursuant to section 5(b) of the Workers' Compensation Act. (Ill.Rev.Stat.1989, ch. 48, par. 138.5(b).) Although plaintiff, Larry Fret, (hereafter Plaintiff) filed a motion to adjudicate the lien held by the...

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