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Case Name | Forsythe v. Clark USA Inc. | |
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Date | 02/16/2007 | |
Note | A parent company is not immunized from liability by workers' compensation immunity when it was the subsidiary that insured and paid benefits to the claimant. | |
Citation | 101570 | |
WCC Citation | WCC 1662007 IL |
IN THE SUPREME COURT OF THE STATE OF ILLINOIS MARGUERITE FORSYTHE et al. , Appellees, v. CLARK USA, INC. , Appellant. OPINION On March 13, 1995, Michael F. Forsythe and Gary Szabala, mechanics at a refinery owned and operated by Clark Refining and Marketing (Clark Refining), were killed. Moreover, plaintiffs point to another Clark USA business record, the agenda for the February 15, 1995, board of directors meeting, which includes a section entitled "Clark USA Liquidity Overview. "As such it is Clark Refining, not Clark USA, that should enjoy the exclusive remedy provision of the Workers' Compensation Act. As part of this memo, Melnuk included as attachments documents entitled "Clark USA, Inc. 1995 Imperatives April 1995," "Clark USA, Inc. 1994 Performance Distribution Grade Level 13 and Above," and "Clark USA, Inc. Scorecard First Quarter, 1995. "
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