By

Steve Lavallo
President Joe Biden’s proposed “Build Back Better Act” (the Act) is quickly moving through both houses of Congress and may become law soon. Traditionally, changes to the Tax Code have an effective date after the first of the new year or even later; however, this time, certain provisions go into effect on the date of...
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Beginning in January 2019, the Indiana insurance commissioner has approved a 7.6 percent rate decrease for workers’ comp premiums for new and renewal policies.  Indiana Department of Insurance Commissioner Stephen Robertson cites a downward trend in recent years because of less frequent worker injuries, as well as near-full employment creating a larger base for collecting...
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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 even though he was fired for actions unrelated to...
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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 Compensation Act (“Act”), states in part that: If either party disagrees with the opinion...
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In an historic ruling, the Supreme Court of the United States has declared that same-sex couples have a constitutional right to marry anywhere in the United States. Read more: Gay marriage legalized nationwide by U.S. Supreme Court, IBJ Supreme Court extends same-sex marriage nationwide, Indiana Lawyer, AP Supreme Court ruling For more information, please contact...
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It happens all the time:  A firearm or collection of firearms is passed down when the owner passes away.  Most gun owners do not realize that even if they provide for a transfer of their weapons upon death, their beneficiaries may be inadvertently violating the law upon taking possession. A well drafted Gun Trust can...
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Although it ruled that Indiana’s ban on same-sex marriage was unconstitutional, the 7th Circuit has now granted Attorney General Zoeller’s request for a stay on that ruling until the U.S. Supreme Court acts on Indiana’s appeal requesting that the ruling be overturned. For more information, please contact Indiana attorney Steve Lavallo at (812) 423-3183 or...
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U.S. District Judge Richard Young has ruled that Indiana’s ban on gay marriage violates the U.S. Constitution’s equal-protection clause.  This ruling comes on the heels of rulings by Federal Courts across the country similarly striking down state bans on gay marriage.  It is expected that the Supreme Court will soon hear this issue. For more...
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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 (Donovan Johnson and Aileen Johnson v. Poindexter Transport, Inc. and Crane Service, 994 N.E. 2d 1206...
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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 period of time. In Platinum, an injured employee, still suffering pain from a work-related accident,...
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