McNamee v. Federated Equipment & Supply Co.

PRESIDING JUSTICE WOLFSON

delivered the opinion of the court:

In Kotecki v. Cyclops Welding Corp., 146 Ill. 2d 155, 585 N.E.2d 1023 (1991), the supreme court held that an employer’s liability in contribution was limited to that employer’s liability to its employee under the provisions of the Workers’ Compensation Act (820 ILCS 305/1 et seq. (West 1994)). Kotecki involved a private employer. The question in this case is whether the Kotecki doctrine applies to a public employer under the provisions of the Illinois Pension Code (40 ILCS 5/1—101.1 et seq. (West 1994)). We conclude it does not.

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