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NIEGOS v. ARCELORMITTAL BURNS HARBOR LLC

No. 93A02-1007-EX-762.

940 N.E.2d 323 (2010)

Kathy NIEGOS, Appellant/Petitioner, v. ARCELORMITTAL BURNS HARBOR LLC, f/k/a ISG Burns Harbor LLC, Appellee/Respondent.

Court of Appeals of Indiana.

December 14, 2010.

Attorney(s) appearing for the Case

W. Russell Sipes , Todd Barnes , George & Sipes, LLP, Indianapolis, IN, Attorneys for Appellant.

Tina M. Bengs , Hoeppner Wagner & Evans LLP, Merrillville, IN, Attorney for Appellee.

OPINION

BRADFORD, Judge.

Appellant/Petitioner Kathy Niegos appeals from the Indiana Worker's Compensation Board's ("the Board") dismissal of her claim, pursuant to the Occupational Disease Act ("the ODA"), against ArcelorMittal Burns Harbor LLC, her late husband's former employer. Niegos contends that the Board erroneously concluded that the "absolute bar" provision of ODA should apply when she has resolved some...

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