Preview:

Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Dec 19 2008, 9:34 am
of the supreme court, court of appeals and tax court

CLERK

ATTORNEY FOR APPELLANT: R. CORDELL FUNK Funk & Blackburn Schererville, Indiana

ATTORNEYS FOR APPELLEE: MICHAEL D. SEARS JACQUELYN S. PILLAR KING Singleton, Crist, Austgen & Sears, LLP Munster, Indiana

IN THE COURT OF APPEALS OF INDIANA
JOEL HAWN, Appellant-Plaintiff, vs. ISPAT INLAND, INC., Appellee-Defendant. ) ) ) ) ) ) ) ) )

No. 93A02-0807-EX-600

APPEAL FROM THE INDIANA WORKERS COMPENSATION BOARD Application No. C-151960

December 19, 2008

MEMORANDUM DECISION - NOT FOR PUBLICATION

NAJAM, Judge

STATEMENT OF THE CASE Joel Hawn filed an Application for Adjustment of Claim with the Workers Compensation Board of Indiana (the "Board") against his employer, ISPAT Inland, Inc. ("Inland"). Inland moved the Board to dismiss the Application, and a Single Hearing Member granted that motion. Thereafter, Hawn petitioned the Full Board, which

affirmed the Single Hearing Members dismissal. Hawn now appeals and presents a single issue, namely, whether the Board properly dismissed his Application pursuant to Indiana Code Section 22-3-2-13. We affirm. FACTS AND PROCEDURAL HISTORY On December 22, 1999, Hawn filed his Application against Inland for injuries he received in the course and scope of his employment on December 24, 1997, when an Indiana Harbor Belt train collided with the truck Hawn was driving in East Chicago. Also on December 22, 1999, Hawn filed a complaint in the Lake Superior Court against Indiana Harbor Belt Railroad ("third party lawsuit"). Proceedings on Hawns

Application with the Board were essentially put on hold pending the outcome of the third party lawsuit. Hawn did not receive any payments from Inlands workers compensation carrier. On April 26, 2004, Hawn settled the third party lawsuit for $15,000. And on May 19, Inland wrote to Hawn that "under I.C. [

Download Joel Hawn v. Ispat Inland, Inc..pdf

Indiana Law