ILNews

Injured worker has to prove company is secondarily liable in workers' comp claim

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals split in deciding a workers’ compensation claim concerning who had the burden to prove whether the true value of work exceeded $1,000 and, therefore, triggered secondary liability.

Jason Young sued Hood’s Gardens after he was severely injured and rendered a paraplegic after trying to remove a stump from the greenhouse’s property. Hood’s had contracted with Discount Tree Extraction a/k/a D & E Tree Extraction to remove a hickory tree. The tree service was paid $600 and allowed to keep the wood.

Since Discount Tree did not carry workers’ compensation coverage, Young sought the benefits from Hood’s. He argued the value of the wood exceeded $400 increasing the value of the work to $1,000, which would have made Hood’s secondarily liable for the workers’ compensation benefits.

Hood’s countered that it was not secondarily liable because the value of the work performed was less than $1,000.

The trial court granted summary judgment in favor of Hood’s and the Court of Appeals affirmed in Jason Young v. Hood’s Gardens, Inc., 29A02-1303-PL-298.
 
The Court of Appeals agreed with the trial court’s interpretation of the state’s workers’ compensation statute as requiring parties to agree before the work begins that the project will exceed $1,000 and thus trigger secondary liability. Otherwise, the trial court reasoned, companies would be unknowingly exposing themselves to liability depending on the value of scrap they want removed from their property.

“The statute specifies that it is the contractor who furnishes the performance of work in excess of $1,000 in value, rather than any value provided by the contractee,” Judge Patricia Riley wrote for the majority. “Thus we interpret the statute to base secondary liability only upon the value provided by the contractor.”

Judge James Kirsch dissented, contending Hood’s – not Young – had the burden of establishing that the value of the work, which included the wood, did not exceed $1,000. Instead Hood’s did not provide any evidence showing that the value of the wood did not top $400.

Kirsch voted to reverse summary judgment and remand for further proceedings.  

 

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. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

ADVERTISEMENT