Employer's Waiver of 'Kotecki' Defense Doesn't Waive Comp Lien

The Illinois Appellate Court ruled that an employer’s waiver of its affirmative defense to limit its liability for an injury sustained by an employee did not also constitute a waiver of its statutory workers’ compensation lien. Case: Cooley v. Power Construction Co. (Reflection Window Co.), No. 1-17-1292, 06/11/2018, published. Facts and procedural history: Timothy Cooley worked for Reflection Window. He suffered injuries while unloading a 600-pound window for use on a construction project in Chicago. The Power Construction Co. was the general contractor for the project, an...