KOHLMEYER v. SECOND INJURY FUND

No. 93A02-0711-EX-1000.

888 N.E.2d 281 (2008)

James KOHLMEYER, Appellant-Plaintiff, v. SECOND INJURY FUND, Appellee-Defendant.

Court of Appeals of Indiana.

June 10, 2008.


Attorney(s) appearing for the Case

Donald R. Wright, Rudolph Fine Porter & Johnson, LLP, Evansville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Frances H. Barrow, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

FRIEDLANDER, Judge.

James Kohlmeyer appeals the Indiana Worker's Compensation Board's (the Board's) denial of Kohlmeyer's petition for payment of benefits from Indiana's Second Injury Fund. The following issue is dispositive of the appeal: Do Social Security disability benefits count toward the threshold amount of benefits that must be received in order to become eligible for benefits from the Second Injury Fund?

We affirm.

The facts...

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