{
  "id": 2659096,
  "name": "KENNETH L. CAMP, Plaintiff-Appellant, v. STAR ERECTION SERVICE, INC., et al., Defendants (Middleton Associates, Inc., Third-Party Plaintiff and Counterplaintiff; HCI Heinz Construction, Inc., Third-Party Plaintiff and Counterdefendant; Star Erection Service, Inc., Counterdefendant and Counterplaintiff; Transamerica Insurance Company, Intervenor-Appellee)",
  "name_abbreviation": "Camp v. Star Erection Service, Inc.",
  "decision_date": "1989-06-08",
  "docket_number": "No. 3\u201488\u20140523",
  "first_page": "481",
  "last_page": "484",
  "citations": [
    {
      "type": "official",
      "cite": "186 Ill. App. 3d 481"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "512 N.E.2d 1295",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "160 Ill. App. 3d 1",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        3648956
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/160/0001-01"
      ]
    },
    {
      "cite": "305 N.E.2d 161",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "55 Ill. 2d 507",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2938728
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/55/0507-01"
      ]
    },
    {
      "cite": "406 N.E.2d 219",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "85 Ill. App. 3d 247",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        3196625
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/85/0247-01"
      ]
    },
    {
      "cite": "269 N.E.2d 195",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "48 Ill. 2d 1",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
      "case_ids": [
        2907350
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-2d/48/0001-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 336,
    "char_count": 6264,
    "ocr_confidence": 0.74,
    "pagerank": {
      "raw": 5.8591662004228935e-08,
      "percentile": 0.36386600145413883
    },
    "sha256": "963ed3ddca23e356d8d126e7cebb4dd33c3cded44d77ef0c7548e91b7ccb5bb8",
    "simhash": "1:192371fa848ef6ad",
    "word_count": 958
  },
  "last_updated": "2023-07-14T21:56:50.889546+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "KENNETH L. CAMP, Plaintiff-Appellant, v. STAR ERECTION SERVICE, INC., et al., Defendants (Middleton Associates, Inc., Third-Party Plaintiff and Counterplaintiff; HCI Heinz Construction, Inc., Third-Party Plaintiff and Counterdefendant; Star Erection Service, Inc., Counterdefendant and Counterplaintiff; Transamerica Insurance Company, Intervenor-Appellee)."
    ],
    "opinions": [
      {
        "text": "PRESIDING JUSTICE WOMBACHER\ndelivered the opinion of the court:\nThe plaintiff, Kenneth L. Camp, appeals the trial court\u2019s order finding the existence of a workers\u2019 compensation lien in favor of the intervenor-appellee, Transamerica Insurance Company (hereinafter Transamerica). Transamerica provided workers\u2019 compensation and general liability coverage to plaintiff\u2019s employer, HCI Heinz Construction Company (hereinafter Heinz).\nThe plaintiff was injured on August 25, 1981, when he fell off a ladder owned by Star Erection Service, Inc. (hereinafter Star), and was injured while employed by Heinz. Transamerica paid plaintiff workers\u2019 compensation benefits totaling $162,809.69.\nThe plaintiff filed suit against Star, which counterclaimed against Heinz for contribution which eventually resulted in a verdict of $456,000, plus $118.20 in costs. The jury determined that Star was 30% at fault and Heinz was 70%. Judgment was entered against Heinz for $319,200 plus $82.74 in costs and against Star for the remainder. The plaintiff received the balance from Star, which was then completely released from this suit. Heinz, through Transamerica, paid the plaintiff $157,869.83, plus $1,819.32 in interest.\nTransamerica claimed a workers\u2019 compensation lien of $162,809.69 against the plaintiff, which equalled the amount of workers\u2019 compensation benefits it earlier paid the plaintiff. However, a $2,500 penalty was imposed against Heinz and was not recoverable. Therefore, Transamerica\u2019s recoverable amount was $160,309.69.\nThe plaintiff objected to the amount of this lien and claimed that Transamerica should not be entitled to receive the full amount of its lien; rather, the lien should be reduced to the relative proportion of fault assessed by the court (jury) in the earlier trial. The trial court found Transamerica was so entitled to the full amount of its lien and that amount should be set off against Heinz\u2019s portion of the judgment. The trial court further found that the plaintiff was not entitled to interest of the full amount of the judgment, but only upon that amount outstanding and due after partial satisfaction of the judgment and setoff.\nThe plaintiff raises three issues on appeal. First, he argues that his employer, Heinz, should be limited to the jury award for damages in recovering its workers\u2019 compensation lien. We disagree with plaintiff\u2019s first argument. It is undisputed that Transamerica\u2019s workers\u2019 compensation lien was $160,309.69. The plaintiff claims this amount should be reduced to $106,000, which is 70% of the full recoverable lien.\nThe Workers\u2019 Compensation Act (hereinafter the Act) (Ill. Rev. Stat. 1987, ch. 48, par. 138.1 et seq.) does not place any limitations or qualifications on the recovery of the workers\u2019 compensation lien on the employer. The Act provides, \u201cfrom the amount received by such employee or personal representative there shall be paid to the employer the amount of compensation paid or to be paid by him to such employee.\u201d (Ill. Rev. Stat. 1987, ch. 48, par. 138.5(b).) The employer has a right to reimbursement of any recovery without regard to the type of damages the employee receives payment for in the third-party action. (Ullman v. Wolverine Insurance Co. (1970), 48 Ill. 2d 1, 269 N.E.2d 195.) An employer who has paid compensation to an injured employee under the Act is entitled to be reimbursed from the entire third-party recovery by the employee.\nSecond, the plaintiff contends that the interest generated by the unsatisfied portion of the original judgment of $319,000 should be paid to him. We also disagree with this contention. An analogous situation occurred in Emberton v. State Farm Mutual Auto Insurance Co. (1980), 85 Ill. App. 3d 247, 406 N.E.2d 219, where the insurance company covered the employer\u2019s workers\u2019 compensation and general liability insurance. A tort judgment was rendered in favor of the employee in addition to workers\u2019 compensation benefits. The insurer was entitled to a refund of money paid, which was a setoff of the money the insurer previously paid as workers\u2019 compensation benefits.\nSince the setoff was proper and allowed from the insurer in Emberton and from Transamerica in this case, only that portion of the judgment exceeding the workers\u2019 compensation lien would accrue interest. Therefore, the plaintiff was not entitled to interest on the full judgment of $319,000; rather, he was entitled to interest on $158,890.31, which is the difference between the workers\u2019 compensation lien and the total judgment. The trial court correctly ruled that the plaintiff was not entitled to any further interest with respect to any sum he accepted as partial satisfaction of the judgment.\nFinally, the plaintiff claims the workers\u2019 compensation lien should be reduced by 70% because Heinz was found to be 70% at fault. We likewise disagree with this contention. Negligence on the part of the employer or employee does not affect the employee\u2019s workers\u2019 compensation award or the employer\u2019s workers\u2019 compensation lien. (Carver v. Grossman (1973), 55 Ill. 2d 507, 305 N.E.2d 161.) An employer, regardless of negligence, has a right to recover any workers\u2019 compensation payments he has made to an injured employee. Negligence of either the employer or employee is not a factor in determining the value of the employer\u2019s workers\u2019 compensation lien. (Rochan v. Arcade Electric Co. (1987), 160 Ill. App. 3d 1, 512 N.E.2d 1295.) The trial court correctly held that Transameriea\u2019s workers\u2019 compensation lien should not be reduced.\nBased on the foregoing, the circuit court of Peoria County is affirmed.\nAffirmed.\nHEIPLE and STOUDER, JJ., concur.",
        "type": "majority",
        "author": "PRESIDING JUSTICE WOMBACHER"
      }
    ],
    "attorneys": [
      "Jerome Mirza & Associates, Ltd., of Bloomington (David V. Dorris, of counsel), for appellant.",
      "Prusak & Winne, Ltd., of Peoria (Nathan R. Miller, of counsel), for appellee."
    ],
    "corrections": "",
    "head_matter": "KENNETH L. CAMP, Plaintiff-Appellant, v. STAR ERECTION SERVICE, INC., et al., Defendants (Middleton Associates, Inc., Third-Party Plaintiff and Counterplaintiff; HCI Heinz Construction, Inc., Third-Party Plaintiff and Counterdefendant; Star Erection Service, Inc., Counterdefendant and Counterplaintiff; Transamerica Insurance Company, Intervenor-Appellee).\nThird District\nNo. 3\u201488\u20140523\nOpinion filed June 8, 1989.\nRehearing denied September 1, 1989.\nJerome Mirza & Associates, Ltd., of Bloomington (David V. Dorris, of counsel), for appellant.\nPrusak & Winne, Ltd., of Peoria (Nathan R. Miller, of counsel), for appellee."
  },
  "file_name": "0481-01",
  "first_page_order": 503,
  "last_page_order": 506
}