Judges reduce restitution award stemming from correctional officer attack
A partial permanent impairment settlement cannot be considered by a trial court when imposing restitution, the Indiana Court of Appeals held Tuesday.
Workers' Compensation
Articles
Injured worker has to prove company is secondarily liable in workers’ comp claim
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.
COA: Wife of man injured at work entitled to benefits
The Indiana Court of Appeals ruled that the Indiana Worker’s Compensation Board’s decision to deny benefits to a man injured at work was unsupported by the evidence. The judges ordered a determination of the benefits that the man’s widow should receive on his behalf.
Workers’ comp not sole remedy against AT&T entity for fall causing injury
A worker injured in a fall when she tripped on snow-covered legs of a construction sign placed near the AT&T building where she worked may proceed with a claim against one of the company’s corporate entities.
Worker’s Compensation Act is only remedy for injured employee
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.
Weighing all the risks in a workers’ compensation case
In A Plus Home Health Care Inc. v. Miecznikowski, the Indiana Court of Appeals confirmed that while the “positional risk doctrine” described by our Supreme Court in Milledge v. Oaks, 784 N.E.2d 926 (Ind. 2003), was defunct, the analysis of compensability of injuries under the neutral risk doctrine still applied. 983 N.E.2d 140, 143-144 (Ind. Ct. App. 2012) trans. denied, 985 N.E.2d 338 (Ind. 2013). When handling a workers’ compensation matter, practitioners need to be sure they conduct an appropriate analysis of all risk doctrines applicable to the claim.
Dismissal, jury verdict for Alcoa in cancer suit stand on appeal
A couple who sued an aluminum manufacturer and claimed their exposure to toxic chemicals led to the husband’s rare form of liver cancer lost their appeal Tuesday.
Governor signs JTAC, workers’ comp bills into law
The Division of State Court Administration’s Judicial Technology and Automation Committee will see a temporary boost in funding for its Odyssey case management system under a new law signed by Gov. Mike Pence.
Workers’ comp, JTAC bills pass full Senate
Legislation out of the House of Representatives reconfiguring workers’ compensation in Indiana passed the Senate Wednesday and goes back to the House with some changes.
7th Circuit affirms for employer in rental equipment fatality
An employer bears no liability in a lawsuit brought by the estate of a man who died operating a rented 40-foot boom lift, the 7th Circuit Court of Appeals ruled Monday.
Refiguring workers’ comp in Indiana
A House bill looks to raise worker benefits, causing a tug-of-war over hospital reimbursement.
Split court upholds $3.9 million workplace injury judgment
Whether a general liability carrier could intervene in a workplace injury lawsuit that awarded a plaintiff $3.9 million is a question that divided the Indiana Court of Appeals, which affirmed the lower court ruling.
Judges uphold workers’ comp claim for nurse
The Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s ruling in favor of a home health care registered nurse on her claim for workers' compensation. The judges rejected the company’s argument that the board’s decision was based on the defunct “positional risk doctrine.”
Appeals court finds for insurer in worker’s comp case where victim’s mother died
The mother of an injured worker whose estate claims she died due to emotional distress caused by an insurer’s handling of her son’s case cannot directly sue the insurer before exhausting the regulatory process, the Indiana Court of Appeals ruled Friday.
Lawyers say Conour skipped workers’ comp lien payments
As damages claimed against the former attorney rise, William Conour is still without counsel as his federal trial is delayed.
Study committees to look at workers’ comp, criminal history
This week at the Statehouse, interim committees will discuss issues including criminal history, criminal sentences and workers’ compensation.
Worker’s Compensation Act doesn’t give board ability to decide contract construction issue
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.
Appeals court: Worker entitled to pursue compensation after settlement
A worker injured in a traffic accident who received a settlement for a workers’ compensation claim in Wisconsin may proceed with a claim in Indiana, where the crash occurred, the Indiana Court of Appeals ruled.
Judges send insurance case back to trial court
The Indiana Court of Appeals reversed the trial court’s grant of summary judgment in favor of an insurer in a dispute over whether it should pay a claim for underinsured motorist coverage.
DTCI: Workers’ comp caselaw reviews
Ann Stewart and Karen Dutcher write about workers’ compensation rulings from the last six months.