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WALKUP v. WABASH NAT. CORP.

No. 79S04-9808-CV-456.

702 N.E.2d 713 (1998)

David WALKUP, Appellant, v. WABASH NATIONAL CORPORATION, Appellee.

Supreme Court of Indiana.

December 9, 1998.

Attorney(s) appearing for the Case

Thomas Blackburn, Fort Wayne, for Appellant.

Robert F. Gonderman, Jr., David L. Cloutier, Jr., South Bend, for Amicus Curiae, Indiana Trial Lawyers Association.

Keith R. Fafarman, Lafayette, for Appellee.

ON PETITION TO TRANSFER

BOEHM, Justice.

We hold that recovery by an injured worker under an uninsured motorist policy that excludes coverage of claims eligible for worker's compensation benefits is not subject to a lien in favor of the worker's employer or its worker's compensation carrier pursuant to Indiana Code § 22-3-2-13.

Factual and Procedural History

In 1994, David Walkup was injured in a motor vehicle accident while driving...

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