Sears Roebuck & Co. v. Murphy

OPINION ON PETITION FOR REHEARING

STATON, Judge.

Sears petitions for rehearing of our opinion at 508 N.E.2d 825. On appeal, Sears contested Murphy’s workmen’s compensation award. We determined that Murphy’s injury arose “out of” his employment at Sears, thereby entitling him to temporary total disability payments and to statutory medical expenses, but not to a permanent partial impairment award.

Because Provident, a non-party insurance carrier, had paid eighty percent (80%) of Murphy’s medical expenses while litigation was pending, the Industrial Board ordered Sears to reimburse Provident the…