ILNews

COA: Independent contractor's death already compensated

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has determined that the estate of an independent contractor who fell off a ladder and died was properly compensated through the state workers' compensation act, and the man’s estate cannot later claim that his injuries occurred outside the scope of employment.

In The Estate of Donald Eugene Smith v. Joshua Stutzman d/b/a Keystone Builders, No. 43A01-1103-PL-136, an appellate panel affirmed the judgment of Kosciusko Superior Judge Duane Huffer in dismissing the estate’s lawsuit brought against Keystone Builders.

The case involved Eugene Smith, who worked at Keystone Builders and, in March 2010, fell 20 feet off a ladder, broke his neck and died. The man’s widow and estate later reached an agreement that Smith’s workers’ compensation claim would be settled for a lump-sum payment of $100,000. But in October 2010, the estate filed a complaint against Joshua Stutzman alleging that Smith’s death was a direct result of Stutzman’s negligence in maintaining a safe work premises. Since Smith was an independent contractor and not an official employee, the estate argued that the claim was allowed.

The trial court entered a default judgment against Stutzman, but later determined after a hearing to dismiss the case in Stutzman’s favor because the Worker’s Compensation Board has exclusive jurisdiction.

Applying its own caselaw about workers’ compensation coverage, the appellate panel also relied on Sims v. U.S. Fidelity & Guar. Co., 782 N.E.2d 345, 349-350 (Ind. 2003), where the justices noted that the act’s exclusivity provision bars a court from hearing any common law action brought by an employee for the same injury.

On the issue of whether Smith was an employee or not, the appellate judges noted that the parties expressly agreed to resolve those differences by entering into a settlement agreement.

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

ADVERTISEMENT