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DEPUY, INC. v. FARMER

No. 93S02-0503-EX-97.

847 N.E.2d 160 (2006)

DEPUY, INC., Appellant (Plaintiff below), v. Anthony FARMER, Appellee (Defendant below).

Supreme Court of Indiana.

May 17, 2006.

Attorney(s) appearing for the Case

James P. Buchholz, Larry L. Barnard, Fort Wayne, for Appellant.

David C. Kolbe, Warsaw, for Appellee.

BOEHM, Justice.

An injured worker settled a civil suit against a co-employee for an intentional injury in the workplace. We hold that the settlement reached before worker's compensation benefits have been resolved does not bar the injured employee from pursuing worker's compensation for that injury, but if worker's compensation benefits are awarded, the employer is entitled to subrogation rights to prevent double recovery.

Facts and Procedural History

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