Borrowman v. Prastein

Plaintiff, Charles David Borrowman, and intervenor, Watertower Paint & Repair Company, respectively, appeal the trial court’s order awarding Watertower a lien pursuant to section 5(b) of the Workers’ Compensation Act (Act) (820 ILCS 305/5(b) (West 2002)) on Borrow-man’s medical malpractice settlement. Borrowman questions the propriety of the court’s award and, in the alternative, the amount. Watertower disputes only the amount, arguing it is entitled to more than awarded. We reverse.

I. BACKGROUND

On April 7, 1995, Borrowman, while working for Watertower, was painting the inside of a water…