Schrock v. Shoemaker

This case arises from an interlocutory appeal granted by a Champaign County trial judge. The issues certified to this court are (1) whether a recovery of death benefits by plaintiff, Janis E. Schrock, pursuant to section 9 of the Structural Work Act (Work Act) (Ill. Rev. Stat. 1989, ch. 48, par. 69), is subject to a lien, credit, or offset based on payments made by a third-party defendant employer, pursuant to section 7 of the Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1989, ch. 48, par. 138.7); and (2) if not, whether an employer who pays benefits under section 7 of the Act can be…