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Published by the Indiana Office of Court Services

Young v. Hood’s Gardens, Inc., No. No. 29S02-1405-PL-314, __ N.E.3d __ (Ind., Jan. 22, 2015).

January 22, 2015 Filed Under: Civil Tagged With: B. Dickson, Supreme

Dickson, J.
When a person engages a contractor for the performance of work exceeding $1,000 in value but fails to take certain steps to assure that the contractor complies with the Indiana Worker’s Compensation Act, that person is secondarily liable to the same extent as the contractor for worker’s compensation benefits payable to an employee of the contractor injured in an accident arising out of and in the course of the contracted-for work. This case presents an issue of first impression: whether the predicate $1,000 in value is determined solely by the amount of money paid to the contractor or also includes the value of other consideration received by the contractor in connection with the services provided. We hold that the $1,000 monetary threshold may include the ascertainable value of ancillary consideration received by the contractor.
….
Conclusion
We conclude that the “value” attributable to the performance of work that triggers secondary liability under Indiana Code section 22-3-2-14(b) includes both direct monetary payment as well as any ancillary consideration received for the work. Finding a question of fact as to the value of the wood received by the contractor Discount Tree Extraction in connection with the performance of its work, we reverse the grant of summary judgment to the business, Hood’s Gardens, and remand for further proceedings.
Rush, C.J., and Rucker, David, and Massa, JJ., concur.
 

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