Schrock v. Shoemaker

615 N.E.2d 1298, 246 Ill. App. 3d 372
CourtAppellate Court of Illinois
DecidedJune 29, 1993
DocketNo. 4-92-0959
StatusPublished
Cited by4 cases

This text of 615 N.E.2d 1298 (Schrock v. Shoemaker) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schrock v. Shoemaker, 615 N.E.2d 1298, 246 Ill. App. 3d 372 (Ill. Ct. App. 1993).

Opinions

JUSTICE KNECHT

delivered the opinion of the court:

This case arises from an interlocutory appeal granted by a Champaign County trial judge. The issues certified to this court are (1) whether a recovery of death benefits by plaintiff, Janis E. Schrock, pursuant to section 9 of the Structural Work Act (Work Act) (Ill. Rev. Stat. 1989, ch. 48, par. 69), is subject to a lien, credit, or offset based on payments made by a third-party defendant employer, pursuant to section 7 of the Workers’ Compensation Act (Act) (Ill. Rev. Stat. 1989, ch. 48, par. 138.7); and (2) if not, whether an employer who pays benefits under section 7 of the Act can be subjected to a third-party claim for contribution in a death case brought under the Work Act.

Plaintiff’s recovery is not subject to a lien, credit, or offset. Although the third-party plaintiffs can file a contribution claim against the deceased’s employer, the employer’s liability is limited to its liability under the Act.

I. Facts

The underlying litigation stems from a construction accident which occurred on June 13, 1989, in Champaign, Illinois. Adlai J. Schrock was working at a construction site owned by Calvin Shoemaker and Erwin Goldfarb. Adlai was employed by Bash & Schrock, Inc. (Bash & Schrock), the contractor for the construction site. Adlai fell off a scaffold while working at the site. He later died from his injuries.

Pursuant to section 7 of the Act, Adlai’s surviving spouse, Janis, began receiving death benefits from Bituminous Insurance Company. Janis later filed a complaint against defendants, Schoemaker and Goldfarb, based on the Work Act. She alleged, in pertinent part:

“Plaintiff has lost the service of her husband, which, prior to his said death, had been of great value to her, and she has been deprived of his affection, society, companionship, and consortium, as well as the services which her husband could and would have performed for her.”

In August 1991 defendants filed a third-party complaint against Bash & Schrock seeking contribution pursuant to section 2 of the Contribution Among Joint Tortfeasors Act (Contribution Act) (Ill. Rev. Stat. 1989, ch. 70, par. 302). In November 1991 Bash & Schrock filed a petition to intervene as lien claimant pursuant to section 5 of the Act (Ill. Rev. Stat. 1991, ch. 48, par. 138.5).

The trial judge denied the petition to intervene in June 1992. Bash & Schrock also sought a judgment based on the pleadings or a summary judgment order. The third-party plaintiffs, Shoemaker and Goldfarb, argued the relief sought by Bash & Schrock would deprive them of their statutory right to contribution and thereby make them potentially liable for damages in excess of their pro rata share of their common liability. They sought denial of Bash & Schrock’s motions or, alternatively, argued they should receive a credit against any judgment in favor of Janis to the extent of any benefits received by her under the Act.

Bash & Schrock’s motion to reconsider and its other motions were denied. However, the trial judge concluded the issues raised involved questions of law about which substantial grounds for differences of opinion existed and that an immediate appeal would materially advance the ultimate termination of the litigation. This court granted leave to appeal pursuant to Supreme Court Rule 308 (134 Ill. 2d R. 308).

II. Parties’ Views

The third-party defendant, Bash & Schrock, contends the trial judge erred by disallowing its request for a lien or setoff against payments it made to plaintiff based on its liability under the Act, while sustaining Shoemaker and Goldfarb’s contribution action against it. Bash & Schrock contends this ruling is contrary to the Illinois Supreme Court’s ruling in Kotecki v. Cyclops Welding Corp. (1991), 146 Ill. 2d 155, 585 N.E.2d 1023, because it may be held liable for an amount in excess of its liability under the Act.

Shoemaker and Goldfarb contend that regardless of whether Bash & Schrock is entitled to a lien under section 5(b) of the Act, they have a statutory right to contribution from Bash & Schrock pursuant to section 2 of the Contribution Act. After providing a historical overview of the rule which apportions liability between tortfeasors, they concede the Kotecki ruling limits an employer’s liability for contribution to an amount not greater than its workers’ compensation liability. However, if Janis’ cause of action is distinct from the claim for which she received workers’ compensation benefits, the Act would not be involved in her Work Act claim and therefore the amount of contribution which they can seek from Bash & Schrock should be based on its pro rata liability.

Bash & Schrock and Shoemaker and Goldfarb contend the trial judge’s ruling provides the potential for a double recovery by Janis because she received compensation under the Act and she would now be permitted to recover for the same injuries under the Work Act.

They also contend courts of review in the first, third, and fifth districts have wrongly concluded that, under circumstances similar to those presented in this case, a concern about potential double recovery did not permit an employer to obtain a lien on recoveries made pursuant to the Work Act. DiVarco v. W.J. Lazynski, Inc. (1990), 199 Ill. App. 3d 808, 557 N.E.2d 577; Gramse v. Royal Crest Enterprises, Inc. (1981), 100 Ill. App. 3d 100, 426 N.E.2d 614; Liberty Mutual Insurance Co. v. Lloyd Schoenheit Truck & Tractor Service, Inc. (1989), 191 Ill. App. 3d 578, 547 N.E.2d 1272.

Janis contends the trial judge’s ruling was correct because her cause of action brought against Shoemaker and Goldfarb is a distinct cause of action brought on behalf of a dependent of a deceased person in the dependent’s individual capacity. No lien can attach to benefits received by her under the Act based on her claim brought under the Work Act because section 5 of the Act (the lien provision) explicitly limits the employer’s lien to third-party actions in which the employee or his personal representative is a plaintiff.

She also appears to argue Shoemaker and Goldfarb are entitled to contribution based on Bash & Schrock’s liability and not limitations provided by the Act or Kotecki.

III. Analysis

A. Statutory Provisions

1. Workers’ Compensation Act

Janis received workers’ compensation benefits pursuant to section 7 of the Act, which states, in pertinent part:

“The amount of compensation which shall be paid for an accidental injury to the employee resulting in death is:

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Related

Christensen v. Northern Illinois Gas Co.
657 N.E.2d 725 (Appellate Court of Illinois, 1995)
Schrock v. Shoemaker
640 N.E.2d 937 (Illinois Supreme Court, 1994)
Gavrick v. Creative Construction, Ltd.
636 N.E.2d 774 (Appellate Court of Illinois, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
615 N.E.2d 1298, 246 Ill. App. 3d 372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schrock-v-shoemaker-illappct-1993.