THOMAS v. SECOND INJURY FUND

No. 2-1177A441.

408 N.E.2d 572 (1980)

S.E. THOMAS, Appellant (Plaintiff below), v. SECOND INJURY FUND, Appellee (Defendant below).

Court of Appeals of Indiana, Second District.

August 11, 1980.


Attorney(s) appearing for the Case

Kenneth C. Kern and Hart E. Meyer, Kenneth C. Kern & Associates, Indianapolis, for appellant.

Theodore L. Sendak, Atty. Gen., Thomas Hamill and Terry G. Duga, Deputy Attys. Gen., Indianapolis, for appellee.


SULLIVAN, Judge.

Plaintiff S.E. Thomas appeals from a decision of the Industrial Board denying him benefits from the Second Injury Fund. He presents the following issues for review:

1. Whether the Second Injury Fund is an entity legally recognizable as a party to the proceeding; and whether it is appropriate for the Attorney General to defend the Fund in an adversary proceeding; 2. whether the Board correctly found that a statutory reference to...

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