McCormick v. McDougal-Hartmann Co.

I must respectfully dissent from the majority opinion in this case.

As noted in the majority opinion, section 5(b) of the Workmen’s Compensation Act (1967 Ill Rev Stats, c 48, § 138-5 (b)) provides that where a third-party tort-feasor causes damage and injury to an employee, then from the judgment or settlement made with such tort-feasor, either with or without suit “from the amount received by such employee . . . there shall be paid to the employer the amount of compensation paid or to be paid by him to such employee . . . including amounts paid or to be paid. . . .” It is also noted that the…