Braye v. Archer-Daniels-Midland Co.

This interlocutory appeal arises from two questions which were certified by the circuit court pursuant to Supreme Court Rule 308 (155 Ill. 2d R. 308). First, we are asked to determine whether the liability cap provided to an employer who has paid an injured employee’s workers’ compensation benefits (Kotecki v. Cyclops Welding Corp., 146 Ill. 2d 155 (1991)) may be waived by contract. We also are asked to determine whether the alleged contractual language at issue in the case at bar operates as a waiver of the Kotecki cap or whether it is void for being in violation of the Construction Contract…