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SCHROCK v. SHOEMAKER

No. 4-92-0959.

615 N.E.2d 1298 (1993)

246 Ill. App.3d 372

186 Ill.Dec. 241

Janis E. SCHROCK, Plaintiff-Appellee, v. Calvin SHOEMAKER and Erwin Goldfarb, Defendants-Third Party Plaintiffs-Appellees (Bash & Schrock, Inc., Third Party Defendant-Appellant).

Appellate Court of Illinois, Fourth District.

Decided June 29, 1993.

Attorney(s) appearing for the Case

Murvel Pretorius, Jr. (argued), John P. Fleming, Scott R. Paulsen, Quinn, Johnston, Henderson & Pretorius, Chartered, Peoria, for third party defendant-appellant.

David B. Mueller (argued), Cassidy & Mueller, Peoria, for Shoemaker and Goldfarb.

Harlan Heller, Rodney L. Smith (argued), Heller, Holmes & Associates, P.C., Mattoon, for Janis E. Schrock.

Justice KNECHT delivered the opinion of the court:

This case arises from an interlocutory appeal granted by a Champaign County trial judge. The issues certified to this court are (1) whether a recovery of death benefits by plaintiff, Janis E. Schrock, pursuant to section 9 of the Structural Work Act (Work Act) (Ill.Rev.Stat.1991, ch. 48, par. 69), is subject to a lien, credit, or offset based on payments made by a third-party defendant employer, pursuant to section...

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