Walkup v. Wabash National Corp.

ON PETITION TO TRANSFER

BOEHM, Justice.

We hold that recovery by an injured worker under an uninsured motorist policy that excludes coverage of claims eligible for worker’s compensation benefits is not subject to a lien in favor of the worker’s employer or its worker’s compensation carrier pursuant to Indiana Code § 22-3-2-13.

Factual and Procedural History

In 1994, David Walkup was injured in a motor vehicle accident while driving in the course of his employment for Wabash National Corporation (“Wabash”). Wabash self-insured its worker’s compensation obligation and paid $8,599 in benefits to…