Schmidt v. Milburn Brothers, Inc.

Fourth Division

April 30, 1998

No. 1-97-1353

HERBERT R. SCHMIDT and STELLETTE ) APPEAL FROM THE

SCHMIDT, ) CIRCUIT COURT OF) COOK COUNTY.

Plaintiffs-Appellants, ))

v. ))

MILBURN BROTHERS, INC. and ERIC AGASE, ) HONORABLE) SOPHIA H. HALL,

Defendants-Appellees. ) JUDGE PRESIDING.

The issue in this case is whether Herbert R. Schmidt's personal injury action is barred by the exclusive remedy provision of the Workers' Compensation Act.

To answer the question we are required to determine whether two separate and independent corporations should be regarded as joint employers, or whether the two corporations…