Legal Opinion
Nishikawa Standard Co. v. Van Phan
Indiana Court of Appeals
Decided November 16, 1998No. 44A05-9806-CV-316PublishedCited by 5 opinions
1Opinion of the Court
OPINION
NAJAM, Judge.
STATEMENT OF THE CASE
Nishikawa Standard Company (“Nishika-wa”) appeals the denial of its motion to dismiss for lack of subject matter jurisdiction under Indiana Trial Rule 12(b)(1). The sole issue presented is whether an Indiana trial court has subject matter jurisdiction under Indiana Code § 22-3^1-9 to enforce the award of a single hearing member when that award is pending on review before the full Worker’s Compensation Board of Indiana (the “Board”).
We reverse and remand with instructions.
FACTS
In July of 1993, Minh Van Phan was injured while working for Nishikawa. He…
2Cases cited6 opinions
- Spaulding v. International Bakers Services, Inc.Indiana Supreme Court · 1990
- Austin Lakes Joint Venture v. Avon Utilities, Inc.Indiana Supreme Court · 1995
- Robinson v. Century Personnel, Inc.Indiana Court of Appeals · 1997
- Campbell v. Eckman/Freeman & AssociatesIndiana Court of Appeals · 1996
- Cox v. Worker's Compensation Board of IndianaIndiana Supreme Court · 1996
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