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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. 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.

  2. 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

  3. 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.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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