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SMITH v. HENRY C. SMITHERS ROOFING CO.

No. 93A02-0112-EX-808.

771 N.E.2d 1164 (2002)

Bobby SMITH, Appellant-Plaintiff, v. HENRY C. SMITHERS ROOFING CO., Appellee-Defendant.

Court of Appeals of Indiana.

July 9, 2002.

Attorney(s) appearing for the Case

Marcia J. Cossell, Lee, Burns & Cossell, LLP, Indianapolis, Indiana, Attorney for Appellant.

Mark Gerth, Kightlinger & Gray, Indianapolis, Indiana, Attorney for Appellee.

OPINION

MATHIAS, Judge.

Bobby L. Smith ("Smith") was employed by Henry C. Smithers Roofing ("Smithers Roofing") and injured in an automobile accident while acting within the scope of his employment. He was unable to return to work after the accident and Smithers Roofing's worker's compensation insurer paid temporary total disability benefits to Smith for over two years. The insurer terminated disability and medical benefits when it learned that Smith had...

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