Harder v. Kelly

Hortica Insurance Company (Hortica) intervened in a personal injury lawsuit filed in the circuit court of Du Page County by plaintiff, Edwin Harder. Hortica provided workers’ compensation insurance to plaintiffs employer, Schaeffer’s Greenhouse, Inc. (Schaeffer’s), and had paid worker’s compensation benefits to plaintiff for the injuries forming the basis of the personal injury lawsuit. Hortica asserted that it was subrogated to Schaeffer’s right to assert a lien under section 5(b) of the Workers’ Compensation Act (Act) (820 ILCS 305/5(b) (West 2004)) on any judgment or settlement of the…