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Worker’s Compensation Defense

Indiana Court of Appeals Upholds Worker’s Compensation Board’s Longtime Policy

The Indiana Court of Appeals has issued what, in this author’s humble opinion, could become a landmark decision in the area of Indiana worker compensation law.  In Masterbrand Cabinets v. Waid, the Court ruled that an injured employee is entitled to TTD (temporary total disability) benefits...

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Board-Ordered IME Results Under Indiana Worker’s Compensation Act Not Automatically Followed

The prevalent belief among worker’s compensation practitioners is that once a Worker's Compensation Board ("Board") Hearing Member orders an Independent Medical Examination (“IME”), the results of such exam must be followed. However, Indiana Code Section 22-3-3 7(c), under the Indiana Worker’s Co...

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Injured Employee has Lone Remedy Through Worker’s Compensation Act

The Indiana Court of Appeals reaffirmed the exclusive remedy through the Indiana Worker’s Compensation Act (“Act”) and further distinguished the employer-employee relationship when it denied Donovan Johnson, a construction worker, from suing a subcontractor for injuries sustained at work (Donova...

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Yes, Concurrent Eligibility for Worker’s Compensation Benefits and Unemployment Benefits Is Possible

In Platinum v Collings, 988 NE 2d 1153 (Ind. Ct. App. 2013), the Indiana Court of Appeals recently ruled that an injured employee may be awarded worker's compensation benefits even if the employee had received unemployment benefits during the same per...

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Determining When an Injury Arises Out of Employment

A recent Indiana Court of Appeals case has codified that, under the Indiana Worker’s Compensation Act, an injury arises out of employment when a causal connection exists between the injury sustained and the duties or services performed by the injured employee.  The connection is established when a r...

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Worker’s Comp – No Double Dipping Allowed

Can an injured employee settle a Worker’s Compensation Claim and then later sue his employer, claiming that the injury occurred outside the employment?  The Indiana Court of Appeals recently said “no”.  In recent case Estate of Donald Eugene Smith v. Joshua Stutzman d/b/a Keystone Builders,...

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