Lee v. City of Chicago

The plaintiff and employee, Robert McCormick, brought an action in the circuit court of Tazewell County under section 19(g) of the Workmens Compensation Act (Ill. Rev. Stat. 1969, ch. 48, par. 138.19(g)) to enforce an award of compensation which had been entered against his employer, McDougal-Hartmann Company, the defendant. Judgment was entered against the employer and it appealed to the Appellate Court for the Third District. The appellate court, with one judge dissenting, rejected the argument of the employer that it was entitled to set off the employees recovery for his injuries from the State of Illinois against the award of compensation it was obligated to pay the employee and affirmed the judgment of the circuit court. (111 Ill. App.2d 346.) We granted the employer leave to appeal.