In re Estate of Dierkes

This is an action arising out of the administration of the estate of Herman J. Dierkes (decedent), who at the time of his death was an employee of claimant-appellant, the Department of Transportation (the Department). The Department appeals from an order of the circuit court of St. Clair County distributing the settlement proceeds from the estate of decedent. The order appealed from was entered following a hearing on the settlement and distributions of the proceeds of the estate. On appeal the Department contends that the circuit court erred in reducing the Department’s recovery under its…