Docket Nos. 105912, 105917 cons.
THE STATE OF ILLINOIS
DANIEL IOERGER et al., Appellees, v. HALVERSON
CONSTRUCTION COMPANY, INC. (Midwest Foundation
Opinion filed December 18, 2008.
JUSTICE KARMEIER delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Garman,
and Burke concurred in the judgment and opinion.
Justice Kilbride dissented, with opinion.
The issue in this case is whether the immunity afforded to an
employer by the exclusive remedy provisions of the Workers’
Compensation Act (the Act) (820 ILCS 305/5(a), 11 (West 2000))
extends to the employer’s co-venturer in a joint venture and to the
joint venture itself. The circuit court held that it does. The appellate
court reversed and remanded. 377 Ill. App. 3d 223. For the reasons
that follow, we reverse the appellate court’s judgment, affirm the
judgment of the circuit court, and remand to the circuit court for