Delaware MacHinery & Tool Company v. Yates

Concurring Opinion

White, J.

Since it appeals quite probable that the right result has been reached, it is time to bring this protracted litigation to an end by affirming the award. I therefore concur in the result reached in the prevailing opinion but not in all that it says and implies.

The autopsy section (Ind. Ann. Stat. § 22-3-3-6 [Burns Code Ed., 1974]) of Indiana’s Workmen’s Compensation Act expressly confers upon employers a much broader right to an autopsy than is found in the statutes of some other states.1 It provides that “[t]he employer upon proper application . . . shall have the…