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SILVA v. ELECTRICAL SYSTEMS, INC.

No. 84356.

701 N.E.2d 506 (1998)

183 Ill.2d 356

233 Ill.Dec. 656

Rudolph SILVA, Appellee, v. ELECTRICAL SYSTEMS, INC. (Midwest Conveyor Company, Inc., Appellant).

Supreme Court of Illinois.

September 24, 1998.

Attorney(s) appearing for the Case

Francis P. Cuisinier, Hartigan & Cuisinier, P.C., Chicago, for Midwest Conveyor Company, Inc.

Joseph F. Cerveny, Pfeffer, Becker & Cerveny, Ltd., Chicago, for Rudolph Silva, Electrical Systems, Inc.

Justice HARRISON delivered the opinion of the court:

Under section 5(b) of the Workers' Compensation Act (820 ILCS 305/5(b) (West 1992)), an employer who is reimbursed for its workers' compensation payments out of the proceeds of the employee's action against a third party is required to pay the employee's attorney "25% of the gross amount of such reimbursement." The issue in this appeal is how the fee award should be computed where the third party has brought a successful...

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