Motor Dispatch, Inc. v. Snodgrass

Dissenting Opinion

Buchanan, P.J.

I dissent from the majority for the following reason:

The Industrial Board’s decision that Motor Dispatch had wage liability for Jerry Snodgrass, and therefore sole lia- ' bility for death benefits, is not contrary to law.

When the first appeal was taken in this case in 1973, the Board found that the Austins and Motor Dispatch were co-employers of Jerry Snodgrass at the time of his death and remanded the cause with instructions to the Board to determine their respective wage liability under IC 22-3-3-31.

The Board, in the exercise of its decision-making power,…