ILNews

Worker’s Compensation Act doesn’t give board ability to decide contract construction issue

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The Indiana Court of Appeals ruled that a Hamilton Superior Judge erred in granting an injured worker’s motion to dismiss a company’s action on whether it was liable to pay workers’ compensation to the injured man, who worked for another company.

Hood’s Gardens entered into a contract with D&E Tree Extraction to have a tree removed for $600. D&E would also haul the wood and debris away and keep the wood. D&E sent Jason Young to remove part of the tree. He was severely injured in the process and rendered a paraplegic. Young’s attorney made a demand that Hood’s Gardens pay workers’ compensation benefits to Young.

HG knew it could be liable under Indiana Code 22-3-2-14(b) because it didn’t check whether D&E had proper insurance, but HG believed the statute didn’t apply because the contract was only for $600. The statute holds a company liable for work exceeding $1,000.

Young argued that the value of the wood hauled away was at least $400, making HG liable. HG filed a complaint for declaratory judgment on the matter, and it later filed a motion for summary judgment. Young sought to have the declaratory judgment dismissed because he argued the worker’s compensation board had exclusive jurisdiction to hear the issues raised by HG. The trial court granted the motion to dismiss.

In Hood's Gardens, Inc. v. Jason Young, Craig Mead d/b/a Discount Tree Excavation a/k/a D & E Tree Extraction, 29A04-1201-PL-8, the appellate court ruled the Declaratory Judgment Act is the appropriate vehicle for resolving the issue raised by HG in its complaint. The issuance of a declaratory judgment serves the useful purpose of determining whether the value of the contract between D&E and HG is a statutory basis for changing HG’s legal status, Senior Judge Carr Darden wrote.

The exclusivity provisions of the Worker’s Compensation Act didn’t give the board exclusive jurisdiction to decide the simple contract construction issue, he wrote. The judges reversed the motion to dismiss and remanded for further proceedings.

 

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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