Schmidt v. Milburn Bros., Inc.

The issue in this case is whether Herbert R. Schmidt’s personal injury action is barred by the exclusive remedy provision of the Workers’ Compensation Act (820 ILCS 305/1 et seq. (West 1996)).

To answer the question we are required to determine whether two separate and independent corporations should be regarded as joint employers, or whether the two corporations were engaged in a joint enterprise at the time Schmidt was injured. If the answer to either one of these questions is yes, Schmidt’s lawsuit cannot proceed. Because we believe these are issues that should be decided by the trier of…