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Employer Contesting Contribution Liability Need Not Raise 'Kotecki Doctrine' As Affirmative Defense

By WorkCompCentral

Friday, May 6, 2016 | 0

The Illinois Appellate Court ruled that an employer seeking to limit its potential liability for contribution if its worker prevails in a tort suit against a third party does not need to raise the so-called Kotecki doctrine as an affirmative defense at the time of trial. Case: Burhmester v. Steven Spiess Construction, No. 3-14-0794, 04/28/2016, published. Facts: Nacin Burhmester suffered a severe injury from an electrical shock while working for the L.J. Keefe Co. in 2007. At the time, Keefe was the subcontractor on a project being overseen by the Steve Spiess Construction Co. Procedural H...

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