ILNews

Justices rule on case about worker's compensation, damages

Back to TopCommentsE-mailPrintBookmark and Share

Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining punitive damage awards.

The unanimous ruling today comes in The Travelers Indemnity Company of America v. Jerry Jarrells, No. 29S02-0908-CV-378, which comes from Hamilton Superior Judge William Hughes. The case involves a Hamilton County construction site accident in 2002 where steel worker Jerry Jarrells was seriously injured when an unbraced concrete block wall fell on him. He received worker’s compensation from Travelers, and was later awarded more than $500,000 in a third-party personal injury action against the general contractor and subcontractor. At trial, the jury determined his injury value was $925,000 and the jury was given an instruction that they should consider Jarrells' collateral source payment - nearly $66,000 of worker’s compensation payments - when determining the amount of damages.

Judge Hughes held that under the instructions given in the case, the jury had already deducted the amount of worker’s compensation payments from its award and there was no recovery for injury previously covered by that worker’s compensation. Travelers appealed the denial of its motion for summary judgment on whether Jarrells should have to pay back the pro rata value of the compensation benefits he received.

In three separate opinions last year, Indiana Court of Appeals judges disagreed as to the application of a 2005 case about worker’s compensation set-off and jury instruction. The majority found Travelers to be entitled to summary judgment although for different reasons, presuming the jury followed the trial court's instructions and applied the law contained within it – meaning Travelers is entitled to a statutory lien and or reimbursement. The panel reversed and remanded, but the justices granted transfer.

Finding both the trial and appellate courts’ interpretations plausible, the justices held that Judge Hughes’ reading should be affirmed because the trial court is in the best position to rule on a jury trial issue when everything appeared to be in order. In this case, Jarrells is not required to repay his employer’s worker’s compensation carrier after receiving a judgment against a third-party tortfeasor, Justice Theodore Boehm wrote.

“However, in future trials where the trier of fact finds the evidence establishes that the plaintiff has received payment for some of the damages from other sources, the award should include those damages, but only to the extent that the evidence establishes an obligation to repay,” Justice Boehm wrote.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

ADVERTISEMENT