Silva v. Electrical Systems, Inc.

Under section 5(b) of the Workers’ Compensation Act (820 ILCS 305/5(b) (West 1992)), an employer who is reimbursed for its workers’ compensation payments out of the proceeds of the employee’s action against a third party is required to pay the employee’s attorney “25% of the gross amount of such reimbursement.” The issue in this appeal is how the fee award should be computed where the third party has brought a successful action against the employer under the Joint Tortfeasor Contribution Act (Contribution Act) (740 ILCS 100/0.01 et seq. (West 1992)). The employer contends that its…