Illinois National Insurance Co. v. Perez

The trial court by default judgment allowed the recovery of attorney’s fees related to one-third of the $534,336.66 in future workers’ compensation death benefits which petitioner, Illinois National Insurance Company, (Illinois) has been relieved from paying because of the settlement between Perez’s survivors and certain third party defendants. The original opinion of this Court and the majority opinion on rehearing recognizes a subrogation recovery for the amount of death benefits Illinois has been relieved from paying pursuant to Article 8307 Section 6a. I do not believe that under Article…