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Disability Law

: Doherty & Progar Workers' Comp

Illinois Employer Entitled to Lien for Payments Relating to Employee's Prosthesis

By Michael Progar

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The Appellate Court of Illinois, Fifth District, held that an employer's lien under Section 5(b) of the Illinois Workers' Compensation Act includes payments made under Section 8(a) of the Act for replacing and servicing the injured worker's prosthesis required as a result of an amputation injury to his leg. The dispute involved the last sentence of Section 8(a), which states: "The furnishing of any such services or appliances or the servicing thereof by the employer is not the payment of compensation."

Citing prior precedent, the Appellate Court concluded that the language at issue related only to the limitations context, and that the employer's lien thus included expenses relating to maintenance, refitting or replacement of the employee's prosthesis. Crispell v. Industrial Commission.
Offices located in Illinois, Wisconsin, and Indiana.

Full post as published by Doherty & Progar Workers' Comp on January 25, 2007 (boomark / email).

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