Awarding a Lien Amount Equivalent to the Full Amount of Workers' Compensation Benefits
In Robinson v. Liberty Mutual Insurance Co., 222 Ill. App. 3d 443, 584 N.E.2d 182, 165 Ill. Dec. 3 (1991), the trial court awarded the intervenor insurance company a lien on the plaintiff's medical malpractice settlement. Robinson, 222 Ill. App. 3d at 444, 584 N.E.2d at 182.
The plaintiff claimed the court erred in awarding a lien amount equivalent to the full amount of workers' compensation benefits paid by the intervenor. Robinson, 222 Ill. App. 3d at 444, 584 N.E.2d at 182.
The appellate court agreed and held the intervenor's lien should be equivalent only to the amounts paid that were directly attributable to the malpractice. Robinson, 222 Ill. App. 3d at 448, 584 N.E.2d at 184.