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Justices rule on case about worker's compensation, damages

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Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining punitive damage awards.

The unanimous ruling today comes in The Travelers Indemnity Company of America v. Jerry Jarrells, No. 29S02-0908-CV-378, which comes from Hamilton Superior Judge William Hughes. The case involves a Hamilton County construction site accident in 2002 where steel worker Jerry Jarrells was seriously injured when an unbraced concrete block wall fell on him. He received worker’s compensation from Travelers, and was later awarded more than $500,000 in a third-party personal injury action against the general contractor and subcontractor. At trial, the jury determined his injury value was $925,000 and the jury was given an instruction that they should consider Jarrells' collateral source payment - nearly $66,000 of worker’s compensation payments - when determining the amount of damages.

Judge Hughes held that under the instructions given in the case, the jury had already deducted the amount of worker’s compensation payments from its award and there was no recovery for injury previously covered by that worker’s compensation. Travelers appealed the denial of its motion for summary judgment on whether Jarrells should have to pay back the pro rata value of the compensation benefits he received.

In three separate opinions last year, Indiana Court of Appeals judges disagreed as to the application of a 2005 case about worker’s compensation set-off and jury instruction. The majority found Travelers to be entitled to summary judgment although for different reasons, presuming the jury followed the trial court's instructions and applied the law contained within it – meaning Travelers is entitled to a statutory lien and or reimbursement. The panel reversed and remanded, but the justices granted transfer.

Finding both the trial and appellate courts’ interpretations plausible, the justices held that Judge Hughes’ reading should be affirmed because the trial court is in the best position to rule on a jury trial issue when everything appeared to be in order. In this case, Jarrells is not required to repay his employer’s worker’s compensation carrier after receiving a judgment against a third-party tortfeasor, Justice Theodore Boehm wrote.

“However, in future trials where the trier of fact finds the evidence establishes that the plaintiff has received payment for some of the damages from other sources, the award should include those damages, but only to the extent that the evidence establishes an obligation to repay,” Justice Boehm wrote.
 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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