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Wednesday, May 17, 2006

Ind. Decisions - Supreme Court issues Workers Compensation opinion today

In DePuy, Inc. v. Anthony Farmer, a 14-page opinion, Justice Boehm writes:

An injured worker settled a civil suit against a co-employee for an intentional injury in the workplace. We hold that the settlement reached before worker’s compensation benefits have been resolved does not bar the injured employee from pursuing worker’s compensation for that injury, but if worker’s compensation benefits are awarded, the employer is entitled to subrogation rights to prevent double recovery.
The opinion also provides: "Although the statute is silent on the point, the Court of Appeals has long held that a worker’s compensation award may include interest."

Posted by Marcia Oddi on May 17, 2006 12:11 PM
Posted to Ind. Sup.Ct. Decisions