Denius v. Robertson

This appeal involves an employer’s right under the Workmen’s Compensation Act (Ill. Rev. Stat. 1975, ch. 48, par. 138.5(b)) to reimbursement from any recovery an employee receives from a third-party tortfeasor actually responsible for the employee’s injury. Specifically, we are confronted with the manner in which the employer’s insurer is to be reimbursed and the employee’s attorney’s fees paid. Presented for review is the procedure for such calculations as set out in the declaratory judgment order of the La Salle County Circuit Court.

Charles V. Denius was severely injured in a motor vehicle…