Lien waiver reversed in workers' comp ruling

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted September 26, 2018 3:40 PM

Reflection Window Co. conceded that a Cook County judge was justified in striking the affirmative defense it filed under Kotecki v. Cyclops Welding Corp., 146 Ill. 2d 155 (1991) — in an attempt to limit its contribution liability to Power Construction Co. for an accident that injured Timothy Cooley (an employee of Reflection Window) at a construction site where Power was general contractor — but Reflection Window insisted the judge erred in also ruling it waived its lien under Section 5(b) of the Workers’ …

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