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EASTMAN v. MESSNER

No. 1-98-1013.

707 N.E.2d 49 (1998)

302 Ill. App.3d 526

236 Ill.Dec. 204

Dennis EASTMAN, Plaintiff-Appellee, v. Steven MESSNER, Defendant-Appellee (Gates McDonald, for the use and benefit of Meyer Material Company, Intervening Petitioner-Appellant).

Appellate Court of Illinois, First District, Second Division.

December 15, 1998.

Attorney(s) appearing for the Case

William J. Cook & Associates, Chicago (Wm. J. Cook and Anthony Cacchillo, of counsel), for appellant.

Serpico, Novelle & Navigato, Ltd., Chicago (John E. Navigato and Kevin J. O'Shea, of counsel), for appellees.

Justice RAKOWSKI delivered the opinion of the court:

Pursuant to the Workers' Compensation Act (Act) (820 ILCS 305/5 (West 1996)), an employer who has paid workers' compensation benefits to an injured employee is entitled to reimbursement where the employee recovers damages from a third party who caused the injuries. In addition, the employer may directly file suit against the third party if the employee fails to do so....

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