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Judges uphold dismissal of suit filed after fall at work

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The Indiana Court of Appeals has affirmed the trial court’s dismissal of a couple’s complaint for injuries and loss of consortium for subject matter jurisdiction, finding the woman’s injuries sustained while at her work fall squarely within the Indiana Worker’s Compensation Act.

In Gladys E. Curry and Thomas Curry v. D.A.L.L. Anointed, Inc., No. 45A04-1106-CT-290, Gladys Curry, an employee of a McDonald’s franchise, went to work on her day off for a meeting. She arrived early to eat beforehand. After eating in the outdoor dining area, where other employees had gathered before the meeting, she tripped over something on the ground and got hurt. D.A.L.L. Anointed, the owner of the McDonald’s, requested Curry be treated by a physician selected by its workers’ compensation insurer. All medical bills related to her treatment were paid by D.A.L.L.’s insurer, and she received wage payments from the insurer.

Curry and her husband, Thomas, later filed a complaint seeking damages for the injuries sustained by Gladys Curry and for the medical expenses incurred by Thomas Curry for her care and his related loss of consortium claim. The trial court eventually dismissed the complaint with prejudice pursuant to Indiana Trial Rule 12(B)(1).

The issue is whether Gladys Curry’s injuries arose out of her employment.

“The connection between D.A.L.L.’s interest in improving the business by holding employee meetings and Gladys’s presence on the premises as an employee waiting for the meeting to begin, places jurisdiction of her claim for compensation for injuries sustained while on those premises squarely within the Act,” wrote Judge James Kirsch.

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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