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Worker’s Compensation Act is only remedy for injured employee

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A construction worker injured on a job site will have to find remedy through the Indiana Worker’s Compensation Act after the Indiana Court of Appeals denied his attempt to sue a subcontractor.

Donovan Johnson was hurt when part of a wooden block form broke loose while being lifted by a crane and struck him. He was working at a construction site in West Lafayette as an employee of R.L. Turner, the general contractor.

The crane operations were provided by Poindexter Transport, Inc. and Crane Service which had hired by R.L. Turner especially for the project.

Johnson and his wife filed a suit against Poindexter alleging negligent acts and loss of consortium.

Poindexter responded with a motion to dismiss. It asserted the trial court lacked subject matter jurisdiction because Johnson and the crane operator, David Creel, were co-employees. As a result, the Johnsons only had the option of pursuing a claim for benefits under the Indiana Worker’s Compensation Act since an employer-employee relationship existed between R.L. Turner and Creel.

The trial court agreed and granted Poindexter’s motion to dismiss.

In Donovan Johnson and Aileen Johnson v. Poindexter Transport, Inc. and Crane Service, 49A02-1212-CT-1027, the Court of Appeals affirmed the trial court’s judgment, finding Creel was a borrowed employee.

The COA reviewed the appeal using the seven factors identified in Hale v. Kemp, 579 N.E.2d 63, 67 (Ind. 1991). Factors weighing in favor of Poindexter’s argument were R.L. Turner had the right to terminate Creel from the job and determined the hours he worked; Creel was supervised by R.L. Turner employees; and the general contactor had constructed the forms, and the equipment used for lifting the structures.


 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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