ILNews

High court takes workers' compensation case

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The Indiana Supreme Court granted transfer Thursday to case involving part of the worker's compensation statute that the Indiana Court of Appeals called "somewhat obscure."

In Everett Cash Mutual Insurance Co. v. Rick and Katrina Taylor, No. 02A03-0808-CV-386, the Court of Appeals had to decide whether the Taylors were negligent in failing to make sure an independent contractor had workers' compensation insurance because they believed their farm personal liability policy from Everett would cover all risks occurring on their property.

The majority ruled based on Indiana Code Section 22-3-2-14 that the Taylors were potentially liable for payment of workers' compensation benefits to the injured man just as if they directly employed him.

The majority also found Everett wasn't estopped from denying coverage for the independent contractor's claim because there wasn't any designated evidence to show the Taylors thought they were receiving coverage for the precise situation that happened in this case. In the absence of evidence they were led to believe at the time they originally bought the policy that it would provide coverage for this specific situation, there can't be estoppel.

Judge L. Mark Bailey dissented because he believed there was a genuine issue of material fact regarding the estoppel claim.

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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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