ILNews

Worker’s Compensation Act is only remedy for injured employee

Back to TopCommentsE-mailPrintBookmark and Share

A construction worker injured on a job site will have to find remedy through the Indiana Worker’s Compensation Act after the Indiana Court of Appeals denied his attempt to sue a subcontractor.

Donovan Johnson was hurt when part of a wooden block form broke loose while being lifted by a crane and struck him. He was working at a construction site in West Lafayette as an employee of R.L. Turner, the general contractor.

The crane operations were provided by Poindexter Transport, Inc. and Crane Service which had hired by R.L. Turner especially for the project.

Johnson and his wife filed a suit against Poindexter alleging negligent acts and loss of consortium.

Poindexter responded with a motion to dismiss. It asserted the trial court lacked subject matter jurisdiction because Johnson and the crane operator, David Creel, were co-employees. As a result, the Johnsons only had the option of pursuing a claim for benefits under the Indiana Worker’s Compensation Act since an employer-employee relationship existed between R.L. Turner and Creel.

The trial court agreed and granted Poindexter’s motion to dismiss.

In Donovan Johnson and Aileen Johnson v. Poindexter Transport, Inc. and Crane Service, 49A02-1212-CT-1027, the Court of Appeals affirmed the trial court’s judgment, finding Creel was a borrowed employee.

The COA reviewed the appeal using the seven factors identified in Hale v. Kemp, 579 N.E.2d 63, 67 (Ind. 1991). Factors weighing in favor of Poindexter’s argument were R.L. Turner had the right to terminate Creel from the job and determined the hours he worked; Creel was supervised by R.L. Turner employees; and the general contactor had constructed the forms, and the equipment used for lifting the structures.


 

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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

ADVERTISEMENT