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COA: Wife of man injured at work entitled to benefits

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The Indiana Court of Appeals ruled that the Indiana Worker’s Compensation Board’s decision to deny benefits to a man injured at work was unsupported by the evidence. The judges ordered a determination of the benefits that the man’s widow should receive on his behalf.

Dennis Thompson worked as a parts clerk at York Chrysler car dealership. He got into a verbal altercation with service technician Dan Blackford in August 2007 after Thompson told Blackford the part he needed was unavailable. Thompson, who had a pre-existing heart condition, decided to leave work. As he was leaving, Blackford and Thompson continued the verbal altercation, as the court record described it. During this incident, Thompson fell to the ground, was injured and received treatment at St. Clare Medical Center. He claimed Blackford pushed him; Blackford said Thompson came at him flailing and that he blocked Thompson’s hand, causing the fall.

Thompson filed an application for adjustment with the board in October 2007, seeking medical expenses and temporary total disability until he completed treatment at HOPE counseling services to determine his need for treatment for depression, disability and past assault at his workplace.

He died from unrelated causes in 2011, after which his widow Sally Thompson amended the claim to seek the benefits on his behalf.

The board determined Sally Thompson didn’t meet her burden to show the injuries arose out of and occurred in the course of Dennis Thompson’s employment.

“The physical interaction stemmed from and was part of the work-related verbal altercation, as evidenced by the parties’ stipulation there was only one altercation or incident. Thus, the uncontroverted evidence leads inescapably to the conclusion that this altercation occurred in the course of Dennis’s employment, and the Board’s finding to the contrary must be overturned,” Judge Melissa May wrote. “The uncontradicted evidence shows the confrontation between Dennis and Blackford stemmed from their work relationship.”

“An injury from an assault by a co-worker may be compensable under the IWCA, and the only evidence presented was that Blackford was the aggressor. Thus we must overturn the Board’s finding to the contrary,” she wrote in Sally Thompson, Widow of Dennis Thompson v. York Chrysler, 93A02-1302-EX-153.
 

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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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