Legal Opinion
Hass v. Shrader's Inc.
Indiana Court of Appeals
Decided February 27, 1989No. 93A02-8810-EX-00393PublishedCited by 3 opinions
1Opinion of the Court
CHEZEM, Judge.
Case Summary
Plaintiff-Appellant Hass appeals a negative award of the Indiana Worker’s Compensation Board (Industrial Board). We reverse and remand for further proceedings.
Issues
1. Whether the Industrial Board erroneously determined that overtaking a vehicle on the right, a violation of I.C. 9-4-1-67—a civil infraction—constitutes an “offense” under I.C. 22-3-2-8.
2. Whether the Industrial Board erroneously sua sponte raised and adjudicated the affirmative defense that the plaintiff violated a statutory duty.
Facts
Hass was an employee of Shrader’s Inc. On October 16, 1987, Hass,…
2Cases cited8 opinions
- Lafary v. LafaryIndiana Court of Appeals · 1985
- Lawshe v. Glen Park Lbr. Co., Inc.Indiana Court of Appeals · 1978
- O'Dell v. State Farm Mutual Automobile InsuranceIndiana Court of Appeals · 1977
- DeMichaeli & Associates v. SandersIndiana Court of Appeals · 1976
- Fashion Thimble Shoe Company v. WithrowIndiana Court of Appeals · 1942
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Clemans v. Wishard Memorial HospitalIndiana Court of Appeals · 2000
- Deckard v. Bloomington Crushed Stone Co.Indiana Court of Appeals · 1992
- Lee v. Center Township TrusteeIndiana Court of Appeals · 1992