Dukes v. J.I. Case Co.

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

Plaintiff Steven Dukes appeals the denial of his petition for declaratory judgment. In the petition, Dukes sought an order declaring that the defendant, McCartin-McAuliffe Plumbing & Heating, Inc. (McCartin), must pay 25% of the reimbursement received from Dukes pursuant to section 5(b) of the Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1987, ch. 48, par. 138.5(b)) to Dukes’ attorneys as required by section 5(b). Dukes contends the trial court’s finding that Dukes’ attorneys did not substantially contribute to Dukes’ recovery…