Legal Opinion

DePuy, Inc. v. Farmer

Indiana Supreme Court

Decided May 17, 2006No. 93S02-0503-EX-97PublishedCited by 26 opinions

1Opinion of the Court

BOEHM, Justice.

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 subro-gation rights to prevent double recovery.

Facts and Procedural History

On September 1, 1994, as Anthony Farmer started to clock out at the end of his shift at DePuy Manufacturing, Inc., he brushed his time card…

2Cases cited39 opinions

  1. Frampton v. Central Indiana Gas CompanyIndiana Supreme Court · 1973
  2. Fraley v. MingerIndiana Supreme Court · 2005
  3. Orr v. Turco Manufacturing Co.Indiana Supreme Court · 1987
  4. Durham Ex Rel. Estate of Wade v. U-Haul InternationalIndiana Supreme Court · 2001
  5. Evans v. Yankeetown Dock Corp.Indiana Supreme Court · 1986

34 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Christopher R. Brown, D.D.S., Inc. v. Decatur County Memorial HospitalIndiana Supreme Court · 2008
  2. Smith v. CHAMPION TRUCKING CO., INC.Indiana Supreme Court · 2010
  3. Bowles v. Griffin IndustriesIndiana Court of Appeals · 2006
  4. Barrett v. City of BrazilIndiana Court of Appeals · 2010
  5. ProCare Rehab Services of Community Hospital v. VitatoeIndiana Court of Appeals · 2008

21 more not listed; retrieve them via the Exa API.

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