Eastman v. Messner

The question presented in this appeal is whether, pursuant to section 5(b) of the Workers’ Compensation Act (820 ILCS 305/5(b) (West 1996)), an employer who has paid workers’ compensation benefits to an employee may assert a lien against the employee’s recovery in a legal malpractice suit where that suit is based upon the failure of the employee’s attorney to prosecute a personal injury action against a third-party tortfeasor allegedly responsible for the employee’s injuries. The appellate court concluded that, under these circumstances, an employer could not assert a lien. 302 Ill. App. 3d…