Legal Opinion

Kohlmeyer v. Second Injury Fund

Indiana Court of Appeals

Decided June 10, 2008No. 93A02-0711-EX-1000PublishedCited by 1 opinion

1Opinion of the Court

OPINION

FRIEDLANDER, Judge.

James Kohlmeyer appeals the Indiana Worker’s Compensation Board’s (the Board’s) denial of Kohlmeyer’s petition for payment of benefits from Indiana’s Second Injury Fund. The following issue is dispos-itive of the appeal: Do Social Security disability benefits count toward the threshold amount of benefits that must be received in order to become eligible for benefits from the Second Injury Fund?

We affirm.

The facts are undisputed. Kohlmeyer was injured on October 27, 1996 while in the scope and course of his employment with H.B. Zachry Company. On October 19, 1998,…

2Cases cited9 opinions

  1. Bushong v. WilliamsonIndiana Supreme Court · 2003
  2. Walker v. State, Muscatatuck State Development CenterIndiana Supreme Court · 1998
  3. Robinson v. GazvodaIndiana Court of Appeals · 2003
  4. Burton v. General Motors Corp.Indiana Court of Appeals · 1977
  5. Prentoski v. Five Star Painting, Inc.Indiana Court of Appeals · 2005

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

3Cited by1 opinion

  1. Kohlmeyer v. Second Injury FundIndiana Supreme Court · 2009

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