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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. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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