Legal Opinion

Burke v. Wilfong

Indiana Court of Appeals

Decided August 16, 1994No. 64A04-9304-CV-118PublishedCited by 16 opinions

1Opinion of the Court

RATLIFEF, Senior Judge.

STATEMENT OF THE CASE

Joe Glenn Burke, Jr., appeals from a judgment in favor of Mark Wilfong and Joseph Hulse claiming that worker's compensation is not his exclusive remedy, and that he is entitled to bring a third party claim. We affirm.

ISSUES

I. Did Burke's injury arise out of and in the course of his employment?

II. Was Burke in the same employ as Wil-fong and Hulse?

FACTS

In early 1991, Joe Glenn Burke, Jr., Joseph Hulse, Michael Antecki and Mark Wil-fong were all employed by Hunter Corporation as millwrights. Hunter, a Lake County contractor, had a contract with…

2Cases cited20 opinions

  1. Shuamber v. HendersonIndiana Supreme Court · 1991
  2. Perry v. Stitzer Buick GMC, Inc.Indiana Supreme Court · 1994
  3. Malachowski v. Bank One, IndianapolisIndiana Supreme Court · 1992
  4. Krueger v. BaileyIndiana Court of Appeals · 1980
  5. Foshee v. Shoney's, Inc.Indiana Supreme Court · 1994

15 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Indiana Michigan Power Co. v. RoushIndiana Court of Appeals · 1999
  2. DePuy, Inc. v. FarmerIndiana Supreme Court · 2006
  3. Rogers v. Bethlehem Steel Corp.Indiana Court of Appeals · 1995
  4. Tapia v. HeavnerIndiana Court of Appeals · 1995
  5. Harvey v. StateIndiana Court of Appeals · 2001

11 more not listed; retrieve them via the Exa API.

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