COA: Independent contractor's death already compensated

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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.


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.