DARDEN, J.
The Travelers Indemnity Company of America (“Travelers”) appeals the trial court’s grant of summary judgment in favor of Jerry Jarrells. We reverse and remand with instructions.
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. . . Travelers issued an insurance policy to LeMaster Steel Erectors, Inc. (“LeMaster”). Under the policy, Travelers provided worker’s compensation coverage for LeMaster’s employees for injuries sustained within the scope of their employment. On September 3, 2002, Jarrells suffered serious injuries when a wall fell on him at a Hamilton County construction site under the control of general contractor, R.D.J. Custom Homes, Inc. (“R.D.J.”). The accident occurred in the scope of Jarrells’ employment with LeMaster, and Jarrells submitted worker’s compensation claims to Travelers in the approximate amount of $66,135.67, which consisted of disability indemnity payments of $21,025.91, and medical payments of $45,904.76. Travelers paid Jarrells’ submitted worker’s compensation claims in full.
On December 12, 2002, Jarrells brought a third-party personal injury action against R.D.J. and Armando Delgadillo, the general contractor and subcontractor, respectively, at the construction site. On February 3, 2004, Jarrells’ counsel contacted Travelers and requested a copy of Travelers’ worker’s compensation records with regard to Jarrells. Thereafter, on August 2, 2004, Jarrells’ counsel provided Travelers with a copy of the complaint for damages filed against R.D.J. and Delgadillo. On December 6, 2004, August 3, 2005, and August 15, 2005, Travelers notified Jarrells’ counsel that Travelers was asserting a statutory lien in the amount of $66,135.67 for the worker’s compensation payments (medical bills, temporary total disability and permanent partial disability) that it had made on Jarrells’ behalf. Jarrells’ lawsuit against R.D.J. and Delgadillo proceeded to jury trial from August 16-18, 2005. At trial, the parties presented documentary evidence and argued to the jury that Travelers had made Jarrells approximately $66,135.67 in worker’s compensation payments on behalf of Jarrells and had asserted a lien in that amount. Before jury deliberations, the trial court [instructed the jury that, in determining its verdict, it must consider evidence of collateral source payments, including worker’s compensation payments].
The jury returned a verdict in favor of Jarrells and determined damages in the amount of $925,000.00. The jury assessed the comparative fault of the parties as follows: Jarrells, 15% at fault; LeMaster, 30% at fault; R.D.J., 55% at fault; and Delgadillo, 0% at fault. Accordingly, the jury awarded Jarrells a judgment of $508,750.00 ($925,000.00 x 0.55) against R.D.J. On September 23, 2005, the trial court entered a release and satisfaction of judgment against R.D.J. in the amount of $508,750.00.
On September 7, 2006, counsel for Jarrells provided Travelers with a copy of the jury’s verdict and judgment against R.D.J. Counsel also informed Travelers that Travelers was not entitled to receive any of the judgment proceeds because the jury had already taken into consideration Travelers’ payment of worker’s compensation and had deducted that amount from its final award of damages to Jarrells. On November 8, 2006, Travelers demanded pro rata reimbursement from Jarrells of $22,495.751 for the worker’s compensation paid on behalf of Jarrells pursuant to Indiana Code section 22-3-2-13. On March 26, 2007, Travelers filed a motion to intervene and to set aside the satisfaction of judgment. The trial court permitted Travelers to intervene and conducted a hearing on the motion on May 23, 2007, and subsequently, denied Travelers’ motion to set aside the satisfaction of the judgment. On January 7, 2008, Travelers filed a motion for summary judgment, wherein it sought an order requiring Jarrells to repay a portion of the worker’s compensation lien. On May 5, 2008, the trial court conducted a hearing on Travelers’ motion for summary judgment. In its order of June 26, 2008, the trial court denied Travelers’ motion for summary judgment . . . . Pursuant to Indiana Code section 22-3-2-13, Travelers claims that it was entitled to a statutory lien and/or reimbursement for the pro rata value of worker’s compensation payments made on behalf of Jarrells. Travelers now appeals.
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. . . By its language in Indiana Code section 22-3-2-13, the Indiana Legislature expressed a clear intent to create a statutory lien in and for the benefit of an employer’s compensation insurance carrier who has made worker’s compensation payments on behalf of an injured worker, where the injured worker has recovered a judgment against a third party who has been found liable for the worker’s injuries. . . .
In the instant case, without dispute, Jarrells received approximately $67,000.00 in worker’s compensation payments that were paid by Travelers. Jarrells later filed an action for damages against R.D.J. During the course of the trial, the parties presented evidence to the jury that Jarrells had received worker’s compensation payments from Travelers; that said payments were collateral source payments; and, that the jury may consider any amount of the collateral source payments and costs that Jarrells may have to repay in arriving at damages but, that Jarrells could not recover more than once for any item of loss sustained. (App. 22). The jury returned a verdict in favor of Jarrells for damages and a judgment for $508,750.00 against R.D.J. (App. 23). On appeal, we presume that the jury followed the trial court’s instructions and applied the law contained within the instruction to the evidence before it. Tipmont Rural Elec. Membership Corp. v. Fischer, 697 N.E.2d 83, 90 (Ind. Ct. App. 1998). Thus, based upon the foregoing, we conclude that Travelers is entitled to a statutory lien and/or reimbursement from the judgment for the worker’s compensation it paid on Jarrells’ behalf, “subject to [ ] paying its pro-rata share of the expenses of the reasonable and necessary costs and expenses of asserting the third party claim.” I.C. § 22-3-2-12. Accordingly, we reverse the trial court’s grant of summary judgment in favor of Jarrells and remand with instructions to enter judgment for Travelers and to determine the value of Travelers’ lien and its pro rata share for purposes of reimbursement.
Reversed and remanded.
VAIDIK, J., concurs in result with separate opinion.
RILEY, J., dissents with separate opinion.
VAIDIK, J., concurring in result.
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Turning to the instruction Jarrells tendered, Appellant’s App. p. 22, I conclude that the instruction informs the jury that it must consider payments for worker’s compensation and that, in determining the amount received by Jarrells from collateral sources, the jury may consider any amount Jarrells is required to repay to a collateral source. The instruction further states, “Jarrells may not recover more than once for any item of loss sustained.” Here, evidence was presented to the jury that Jarrells had received worker’s compensation benefits and that he was required to repay them, and a reasonable jury could conclude that the duty to repay prevents Jarrells from recovering more than once for the worker’s compensation benefits he has already received. I cannot say that a reasonable jury, when considering the evidence of the lien and the collateral source evidence jury instruction, would disregard Jarrells’ obligation to repay the lien by subtracting out the worker’s compensation benefits. “On appeal, we will presume the jury followed the law contained within the trial court’s instruction and applied that law to the evidence before it.” Tipmont Rural Elec. Membership Corp. v. Fischer, 697 N.E.2d 83, 90 (Ind. Ct. App. 1998), reh’g denied, aff’d, 716 N.E.2d 357 (Ind. 1999). As a result of these differences, Pendleton does not supercede or excuse the statutory lien obligation.
As for the view expressed by the dissent, it cannot be correct that Jarrells, who tendered the collateral source evidence jury instruction given by the trial court, can eradicate as a matter of law through his tendered jury instruction his statutory obligation under Indiana Code § 22-3-2-13 to repay his employer’s insurance carrier for the worker’s compensation benefits he received. Such an interpretation of Pendleton or the jury instruction at issue renders Indiana Code § 22-3-2-13 toothless, and courts must strive to give effect to all provisions of a statute. For the foregoing reasons, I respectfully disagree with part of the lead opinion’s rationale in this case. However, I agree with the outcome. I therefore concur in result.
RILEY, J., dissenting.
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The jury was instructed on the amount of worker’s compensation benefits already awarded to Jarrells and, as we will presume the jury followed the jury instruction, took this amount into account when calculating its damage award. Because the jury was instructed that Jarrells could not recover more than once for any item of loss sustained, it adjusted its damage award downwards, as was done in Pendleton. By enforcing the lien, the majority is in effect imposing a double set-off on Jarrells. First, the jury by following the jury instruction, already properly considered the worker’s compensation benefits in its jury verdict and reduced its award accordingly. Thus, by again reducing the jury award with the worker’s compensation benefits by enforcing the lien, Jarrells is subject to a double set-off, prohibited under Indiana’s collateral source statute and Pendleton. Furthermore, this dissent is in line with the purpose of both the worker’s compensation statute and the collateral source statute. Both statutes focus on preventing a victim from recovering twice for his injuries. See I.C. § 34-44-1-1(2); Walkup, 702 N.E.2d at 713. They are intended to make the injured party whole while placing the cost on the wrongdoer. Here, the majority fails to make Jarrells whole. I would affirm the trial court.
We realize that Jackson has requested transfer to our supreme court. However, at this point, the supreme court has not yet granted transfer.