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BORROWMAN v. PRASTEIN

No. 4-04-0559.

826 N.E.2d 600 (2005)

356 Ill. App.3d 546

292 Ill.Dec. 459

Charles David BORROWMAN, Plaintiff-Appellant and Cross-Appellee, v. Dr. Rebeccah PRASTEIN, M.D., and Visiting Nurses Association of Morgan and Scott Counties, Defendants (Watertower Paint & Repair Company, Intervenor-Appellee and Cross-Appellant).

Appellate Court of Illinois, Fourth District.

Rehearing Denied May 4, 2005.

Attorney(s) appearing for the Case

Carissa A. Mahr, Warren E. Danz, Warren E. Danz, P.C., Peoria, for Charles David Borrowman.

Michael E. Rusin, Gregory G. Vacala, Maxwell H. Brusky, Rusin, Maciorowski & Friedman, Ltd., Chicago, for Watertower Paint & Repair Co.

Justice APPLETON delivered the opinion of the court:

Plaintiff, Charles David Borrowman, and intervenor, Watertower Paint & Repair Company, respectively appeal the trial court's order awarding Watertower a lien pursuant to section 5(b) of the Workers' Compensation Act (Act) (820 ILCS 305/5(b) (West 2002)) on Borrowman's medical malpractice settlement. Borrowman questions the propriety of the court's award and, in the alternative, the amount. Watertower disputes...

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