Court affirms worker's comp dismissal

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals affirmed a Full Worker's Compensation Board of Indiana decision to dismiss a claim against a former employer, citing statutory conditions have been met to release the employer from any liability.

In William Pete Casper v. L.E. Isley & Sons, Inc., No. 93A02-0702-EX-179, Casper's wife, Janet, on behalf of William's estate, appealed the dismissal of the estate's claim against L.E. Isley for worker's compensation. Janet Casper argued the dismissal was premature.

William Casper worked for Isley for more than 40 years, until he was diagnosed with mesothelioma, which results from exposure to asbestos. On March 1, 2005, William filed an application for adjustment of claim with the board, and on March 7, he filed suit in Marion Superior Court against multiple defendants he alleged were responsible for his exposure. William died Oct. 26, 2006.

His estate settled with some defendants in November and filed a motion for a finding of bad faith with the compensation board on the part of Isley and its insurance. Isley filed a motion to dismiss the claim.

During a single-member hearing in May 2006, the member found the estate had settled with some defendants for an unknown amount, but the amount is in excess of any potential liability Isley would have in this matter. The estate also has multiple claims it may be able to assert in the future against defendants now in bankruptcy court. Isley never paid William or the estate compensation as a result of the alleged disease caused by Isley.

After reviewing these facts, a hearing judge issued an order to dismiss the claim against Isley. The full board affirmed the single hearing member's decision.

The Court of Appeals ruled that although the Occupational Disease Act in Indiana Code 22-3-7-36(b) allows employees to seek worker's compensation benefits and recovery from third parties, it generally prohibits an employee from "double recovery."

The statute states if an employee hasn't received compensation or medical services, the employee "shall procure a judgment against such other party" for disablement or death from an occupational disease, and if a judgment is paid or settlement made, then the "employer or such employer's occupational disease insurance carrier shall have no liability for payment of compensation."

The estate has settled with some third party defendants for an amount of money higher than any potential liability Isley would have. Statutory conditions have been met to release Isley of any liability for payment of compensation and the board's dismissal of the estate's claim was not premature, the court found.

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.