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CORLEY v. JAMES McHUGH CONST. CO.

No. 1-93-2811.

639 N.E.2d 1374 (1994)

266 Ill.App.3d 618

203 Ill.Dec. 555

Ronny S. CORLEY and Laura Corley, Plaintiffs-Appellants, v. JAMES McHUGH CONSTRUCTION COMPANY, Turf Club of Illinois, Inc., and Pitt-Des Moines, Inc., Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

September 13, 1994.

Attorney(s) appearing for the Case

Anesi, Ozmon & Rodin, Ltd., Chicago (Mark Novak and Christopher J. Dallavo, of counsel), for appellants.

Law Offices of Anthony V. Fanone, Chicago (William J. Hare and Anthony V. Fanone, of counsel), for appellees.

Justice HARTMAN delivered the opinion of the court:

Plaintiffs, Ronny S. Corley (Corley) and Laura Corley, appeal from an order granting defendants a setoff for the full amount of a workers' compensation lien that was waived by his third-party employer in a settlement agreement. The issues presented here are whether (1) Corley lacks standing; and (2) under section 5(b) of the Workers' Compensation Act (820 ILCS 305/5(b) (West 1992)), attorney fees and costs may be...

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