Legal Opinion

Kohlmeyer v. Second Injury Fund

Indiana Supreme Court

Decided November 3, 2009No. 93S02-0812-EX-642Published

1Opinion of the Court

DICKSON, Justice.

Indiana's statutory worker's compensation scheme enables certain totally disabled workers who have exhausted the maximum benefits from their employers to seek additional compensation from the Second Injury Fund. The principal disputes in this case are (1) whether a worker's Social Security Act disability benefits are includable in caleulating whether the worker qualifies to access the Second Injury Fund, and (2) whether the language in the award stipulation of the worker and his employer, which was approved by the Worker's Compensation Board, is binding upon the Board as to…

2Cases cited3 opinions

  1. Mayes v. Second Injury FundIndiana Supreme Court · 2008
  2. Hoffmann v. Brooks Construction Co.Indiana Supreme Court · 1942
  3. Kohlmeyer v. Second Injury FundIndiana Court of Appeals · 2008

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