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Indiana Supreme Court: Week in Review (Nov. 2-6, 2009)
Posted in Litigation

In Kohlmeyer v. Second Injury Fund, the Indiana Supreme Court found that a worker cannot include in his or her calculation for eligibility for additional compensation from the Second Injury Fund benefits from other sources.  Specifically Social Security Act benefits could not be included in determining the worker’s eligibility for Second Injury Fund compensation under the Indiana Worker’s Compensation Act.  However, the Court further found that by approving the parties’ stipulation, the Worker’s Compensation Board determined that the worker was permanently totally disabled from his work related injuries and that he met the maximum benefits prerequisite for Second Injury Fund eligibility.  The Board could not now claim eligibility had not been met.

 

 

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