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TRAVELERS INDEM. CO. OF AMERICA v. JARRELLS

No. 29S02-0908-CV-378.

927 N.E.2d 374 (2010)

The TRAVELERS INDEMNITY COMPANY OF AMERICA, Appellant (Intervenor below), v. Jerry JARRELLS, Appellee (Plaintiff below).

Supreme Court of Indiana.

May 27, 2010.

Attorney(s) appearing for the Case

Robert S. O'Dell, Carmel, IN, Attorney for Appellant.

W.F. Conour, Jeffrey A. Hammond, Timothy F. Devereux, Indianapolis, IN, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 29A02-0807-CV-669

BOEHM, Justice.

The Worker's Compensation Act provides that if an employee has received worker's compensation benefits and then recovers damages from a third party for the same injury, the employee is to reimburse the amount of benefits. The trial court held that under the instructions in this case the jury had already deducted the amount of worker's compensation payments from...

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