ILNews

Court affirms worker's comp dismissal

Jennifer Nelson
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Court of Appeals affirmed a Full Worker's Compensation Board of Indiana decision to dismiss a claim against a former employer, citing statutory conditions have been met to release the employer from any liability.

In William Pete Casper v. L.E. Isley & Sons, Inc., No. 93A02-0702-EX-179, Casper's wife, Janet, on behalf of William's estate, appealed the dismissal of the estate's claim against L.E. Isley for worker's compensation. Janet Casper argued the dismissal was premature.

William Casper worked for Isley for more than 40 years, until he was diagnosed with mesothelioma, which results from exposure to asbestos. On March 1, 2005, William filed an application for adjustment of claim with the board, and on March 7, he filed suit in Marion Superior Court against multiple defendants he alleged were responsible for his exposure. William died Oct. 26, 2006.

His estate settled with some defendants in November and filed a motion for a finding of bad faith with the compensation board on the part of Isley and its insurance. Isley filed a motion to dismiss the claim.

During a single-member hearing in May 2006, the member found the estate had settled with some defendants for an unknown amount, but the amount is in excess of any potential liability Isley would have in this matter. The estate also has multiple claims it may be able to assert in the future against defendants now in bankruptcy court. Isley never paid William or the estate compensation as a result of the alleged disease caused by Isley.

After reviewing these facts, a hearing judge issued an order to dismiss the claim against Isley. The full board affirmed the single hearing member's decision.

The Court of Appeals ruled that although the Occupational Disease Act in Indiana Code 22-3-7-36(b) allows employees to seek worker's compensation benefits and recovery from third parties, it generally prohibits an employee from "double recovery."

The statute states if an employee hasn't received compensation or medical services, the employee "shall procure a judgment against such other party" for disablement or death from an occupational disease, and if a judgment is paid or settlement made, then the "employer or such employer's occupational disease insurance carrier shall have no liability for payment of compensation."

The estate has settled with some third party defendants for an amount of money higher than any potential liability Isley would have. Statutory conditions have been met to release Isley of any liability for payment of compensation and the board's dismissal of the estate's claim was not premature, the court found.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT