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(Cancelled)[APPEALS] Amerisafe Risk Services, Inc., et al, vs. Estate of Hazel Wadsack, et al, 88A01-1204-CT-144
Start Date: 10/3/2012Start Time: 1:30 PM
End Date: 10/3/2012End Time: 2:10 PM
Entry Description

Due to serious injuries Ronald Matthew Wadsack suffered in 2008 while working for Mills Tree Service, his parents, Hazel and Ronald, were appointed temporary guardians of his person and estate.  Amerisafe Risk Services, Inc. was the worker’s compensation insurer for Mills Tree Service and Leerae Riggs was the case manager assigned to Wadsack’s claim.  In 2010, Ronald, individually and as personal representative of Hazel’s estate, filed a complaint against Amerisafe and Riggs, seeking damages for emotional distress and Hazel’s death arising because of the handling of Wadsack’s claim.  Amerisafe filed a motion to dismiss, contending the exclusivity provision of the Indiana Worker’s Compensation Act requires the claim to first be presented to the Worker’s Compensation Board.  In this interlocutory appeal of the trial court’s denial of its motion, Amerisafe contends the Board has exclusive jurisdiction over this third party claim against a worker’s compensation insurance carrier.  Ronald and the Estate assert the Act provides no remedy for their independent claims and the trial court therefore has jurisdiction over their complaint.

The Scheduled Panel Members are Chief Judge Robb, Judges Baker, and, Bradford.

Location:
Indiana Court of Appeals Courtroom
State House, Room 413
Indianapolis, Indiana 46204    
Contact Information:
Name: Martin DeAgostino
Phone: 317-234-4859
Email: martin.deagostino@courts.in.gov
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Entry Type:
Event
Entry Category:
  • Oral Arguments
  • IN.gov Category:
  • Law & Justice
  • Agency Name
    Courts, Indiana

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