Legal Opinion
Kornelik v. Mittal Steel USA, Inc.
Indiana Court of Appeals
Decided August 10, 2011No. 45A03-1011-CT-583PublishedCited by 7 opinions
1Opinion of the Court
OPINION
BAKER, Judge.
Today we decide whether an injured employee who settles with a third party for substantially less than the damages value of his claim without the consent of his employer or his worker’s compensation carrier can subsequently reduce his lien arising under the Indiana Worker’s Compensation Act by attorney fees and pro rata costs pursuant to Indiana Code section 22-3-2-13 and in the same proportion that his full recovery was reduced pursuant to Indiana Code section 34-51-2-19. We answer the first question in the affirmative, and the second in the negative.
Plaintiff-appellant…
2Cases cited9 opinions
- City of Indianapolis v. Hicks ex rel. RichardsIndiana Court of Appeals · 2010
- Koval v. SIMON TELELECT. INC.Indiana Supreme Court · 1998
- Hawkins v. CannonIndiana Court of Appeals · 2005
- Department of Public Welfare, State v. CouchIndiana Supreme Court · 1992
- Principal Life Insurance Co. v. NeedlerIndiana Court of Appeals · 2004
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Anthony J. Iemma v. JP Morgan Chase Bank, N.A. Successor by Merger with Bank One, N.A.Indiana Court of Appeals · 2013
- The Peoples State Bank v. Benton Township of Monroe County, IndianaIndiana Court of Appeals · 2015
- Anthony Tsikouris, Diann Tsikouris, and the 601 Building, Inc. v. LaPorte Savings BankIndiana Court of Appeals · 2013
- D.S. v. L.K. (mem. dec.)Indiana Court of Appeals · 2017
- Heath Lord v. Ashley LordIndiana Court of Appeals · 2013
2 more not listed; retrieve them via the Exa API.