In re Estate of Dierkes

Docket No. 87474–Agenda 10–March 2000.

In re ESTATE OF HERMAN J. DIERKES (Estate of Herman J. Dierkes, Appellee; The Department of Transportation, Appellant).

Opinion filed May 18, 2000.

Under section 5(b) of the Workers’ Compensation Act, an injured employee who has received workers’ compensation benefits must reimburse the employer for those benefits from any recovery the employee receives from a liable third party. The provision grants the employer a lien on the recovery equal to the amount of workers’ compensation benefits paid or owed. See Ramsey v. Morrison , 175 Ill. 2d 218, 237 (1997).…