Friday, June 16, 2006

Workers’ compensation claim

The Indiana Supreme Court recently awarded $85,800 to a man who waged a nearly 12-year court battle for workers' compensation after an attack by a grouchy coworker left him with serious back injuries.

According to court records, Anthony Farmer was attacked by fellow employee Wynn Swindel on Sept. 1, 1994, as Farmer clocked in and Swindel clocked out. Farmer greeted Swindel, who then shoved Farmer into machinery, seriously injuring his back. Farmer won a lawsuit against Swindel, but then had to fight for workers' comp claim against his employer, DePuy, a maker of orthopedic products.
DePuy argued the incident was not work-related, terming it "horseplay." The state Supreme Court disagreed, awarding Farmer $78,000 in workers' comp, plus an additional 10 percent.

"Farmer’s injuries were incurred while he was performing services for DePuy, and Swindel's loss of control and unprovoked attack does not change that," the court's decision states.

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