GAYHEART v. NEWNAM FOUNDRY CO., INC.

No. 3-775A143.

373 N.E.2d 178 (1978)

Taylor GAYHEART, Plaintiff-Appellant, v. NEWNAM FOUNDRY COMPANY, Inc., Jon McCreery and American Mutual Liability Insurance Company, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied May 1, 1978.


Attorney(s) appearing for the Case

Edgar A. Grimm, Grimm & Grimm, Auburn, for plaintiff-appellant.

Thos. M. Moorhead, Shoaff, Keegan, Baird & Simon, Fort Wayne, for appellees Newnam Foundry Co., Inc. and Jon McCreery.

Carl J. Suedhoff, Jr., Hunt, Suedhoff, Borror, Eilbacher & Lee, Fort Wayne, for appellee Newnam Foundry Company, Inc.

Daniel F. Diggins, Emerick & Diggins, Kendallville, for appellee Jon McCreery; Frank L. Nikolay, Nikolay, Jensen and Scott, Colby, Wis., of counsel.

Arthur A. May, Crumpacker, May, Searer, Oberfell & Helling, South Bend, for appellee American Mut. Liability Ins. Co.


GARRARD, Judge.

This case arises from the operation of our Workmen's Compensation laws. It presents the question of the appropriate remedy when a compensation claimant desires to assert that he was precluded from filing a timely claim for Workmen's Compensation benefits because of fraud perpetrated by his employer, or his employer's agents.

The facts upon which the issue arises may be summarized as follows. On June 28, 1965, Mr. Gayheart was an employee of...

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