SMITH v. CHAMPION TRUCKING CO., INC.

No. 93A02-0808-EX-701.

901 N.E.2d 620 (2009)

Jimmie C. SMITH, Appellant-Plaintiff, v. CHAMPION TRUCKING CO., INC., Appellee-Defendant.

Court of Appeals of Indiana.

February 25, 2009.


Attorney(s) appearing for the Case

Paul A. Brizendine, Brizendine Law Office, LLC, Floyds Knobs, IN, Attorney for Appellant.

Timothy W. Wiseman, Scopelitis Garvin Light Hanson & Feary, Indianapolis, IN, Attorney for Appellee.


OPINION

BAILEY, Judge.

Case Summary

Jimmie C. Smith ("Smith") appeals the dismissal of his Application for Adjustment of Claim with the Indiana Worker's Compensation Board ("Board"). We reverse and remand.

Issue

The sole issue presented is whether Smith's worker's compensation application was properly dismissed pursuant to the subrogation portion of the Indiana Worker's Compensation Act ("the Act"), Indiana Code Section 22-3-2...

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