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SIMS v. UNITED STATES FIDELITY & GUAR. CO.

No. 49S02-0105-CV-229.

782 N.E.2d 345 (2003)

John SIMS, Appellant (Plaintiff), v. UNITED STATES FIDELITY & GUARANTY COMPANY, Appellee (Defendant).

Supreme Court of Indiana.

January 28, 2003.

Attorney(s) appearing for the Case

W.F. Conour, Conour Doehrman, Indianapolis, IN, Attorney for Appellant.

Julia Blackwell Gelinas, David T. Kasper, Nelson D. Alexander, Locke Reynolds LLP, Indianapolis, IN, Attorneys for Appellee.

William R. Groth, Geoffrey S. Lohman, Fillenwarth Dennerline Groth & Towe, Indianapolis, IN, Attorneys for Amicus Curiae Indiana State AFL-CIO in Opposition to Transfer.

Nathan B. Maudlin, Ice Miller, Indianapolis, IN, Attorney for Amicus Curiae the Insurance Institute of Indiana, the Indiana Chamber of Commerce, the American Insurance Association, the National Association of Independent Insurers, and the Alliance of American Insurers in Support of Transfer.

RUCKER, Justice.

Indiana Code section 22-3-4-12.1 grants exclusive jurisdiction to the Worker's Compensation Board to determine whether a worker's compensation insurance carrier committed an independent tort in adjusting or settling the injured worker's claim. Specifically subsection (a) of the statute provides:

The worker's compensation board, upon hearing a claim for benefits, has the exclusive jurisdiction to...

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