Category

Worker’s Compensation
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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KDDK attorneys Stephen S. Lavallo and Michael G. Smith will be the featured speakers for the Indiana Occupational Therapy Association (IOTA) Southwest District’s upcoming seminar presentation: “Legal Aspects of Documentation”   Steve Lavallo has more than 25 years’ experience representing businesses in the defense of worker’s compensation claims. He will discuss important aspects of record keeping for healthcare providers....
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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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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 reasonably prudent person considers the injury to be...
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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, the Appellate Court held that once an injured employee accepts...
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