St. Mary Medical Center v. Baker

I respectfully dissent. In my opinion, both the trial court and the majority erroneously concluded the trial court had no authority to entertain Medical Center's claim against Baker. I also disagree attorney fees are proper.

I

It is true that when the legislature has provided an administrative agency with exclusive primary jurisdiction to decide a class of issues, the courts may not exercise jurisdiction until all administrative remedies have been exhausted. Indiana Forge and Machine Co. v. NIPSCO (1979), Ind.App., 396 N.E.2d 910, 912. The "class of issues" left to the worker's compensation…