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

By WorkCompCentral

Wednesday, June 13, 2018 | 118 | 0 | 15 min read

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...

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