An injured employee who settles with a third party for substantially less than the damages value of his claim without the consent of his employer or his worker’s compensation carrier can subsequently reduce his lien arising under the Indiana Worker’s Compensation Act by attorney fees and pro rata costs pursuant to Indiana Code section 22-3-2-13; however, the injured employee cannot reduce the lien in the same proportion that his full recovery was reduced pursuant to Ind. Code 34-51-2-19.
Civil
Cynthia Welch v. Shawn D. Young, et al., No. 79A02-1012-CT-1407, ___ N.E.2d ___ (Ind. Ct. App., Aug. 4, 2011).
The Pfenning standard is applicable in the case of a mother hit in the knee by a youth baseball team member warming up, and to apply the Pfenning standard the Court must examine the actions of the alleged tortfeasor to determine if “the conduct of [the] participant” is within the “range of ordinary behavior of participants in the sport.”
Lechien v. Wren, No. 48A02-1007-DR-882, ___ N.E.2d ___ (Ind. Ct. App., July 26, 2011).
“[R]epudiation is not a release of a parent’s financial responsibility for the payment of child support and is not an acceptable justification to abate support payments for a child less than twenty-one years of age.”
Johnson, et al v. Sullivan et al, No. 82A05-1102-MI-108, ___ N.E.2d ____ (Ind. Ct. App. July 27, 2011).
“[E]vidence of mailing on a particular date, even if it contradicts a postmark, is competent to prove filing on that date for purposes of the Medical Malpractice Act.”
Estate of Wilgus S. Gibbs, Sr., No. 81A01-1011-ES-560, ___ N.E.2d ___ (Ind. Ct. App., July 15, 2011).
A self-proving clause in a will creates a rebuttable presumption that the document was properly executed, and publication of the will is one aspect of that execution.