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MAYES v. SECOND INJURY FUND

No. 93S02-0802-EX-0107.

888 N.E.2d 773 (2008)

Ronald MAYES, Appellant (Plaintiff Below), v. SECOND INJURY FUND, Appellee (Defendant Below).

Supreme Court of Indiana.

June 24, 2008.

Attorney(s) appearing for the Case

Randal M. Klezmer, Indianapolis, IN, Attorney for Appellant.

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

SHEPARD, Chief Justice.

This case presents a question of first impression in Worker's Compensation: whether third party settlement terminates Second Injury Fund liability. We conclude that the statutory scheme makes Second Injury Fund liability a derivative of employer liability, and, accordingly, where settlement terminates an employer's liability, Second Injury Fund liability will also be terminated.

Facts and Procedural History

In November 1999...

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