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IN RE ESTATE OF DIERKES

No. 87474.

730 N.E.2d 1101 (2000)

191 Ill.2d 326

246 Ill.Dec. 636

In re ESTATE OF Herman J. DIERKES (Estate of Herman J. Dierkes, Appellee; The Department of Transportation, Appellant).

Supreme Court of Illinois.

May 18, 2000.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, (Joel D. Bertocchi, Solicitor General, Erik G. Light, Assistant Attorney General, Chicago, of counsel), for Appellant.

Brian T. McCarthy, Wimmer and Stiehl, Belleville, for Appellee.

Justice FREEMAN delivered the opinion of the court:

Under section 5(b) of the Workers' Compensation Act, an injured employee who has received workers' compensation benefits must reimburse the employer for those benefits from any recovery the employee receives from a liable third party. The provision grants the employer a lien on the recovery equal to the amount of workers' compensation benefits paid or owed. See Ramsey v. Morrison, 175 Ill...

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