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KORNELIK v. MITTAL STEEL USA, INC.

No. 45A03-1011-CT-583.

952 N.E.2d 320 (2011)

Thomas KORNELIK, Appellant-Plaintiff, v. MITTAL STEEL USA, INC., and, Michael Rayson, Appellees-Defendants, Lafarge, N.A., Appellee-Intervenor-Defendant.

Court of Appeals of Indiana.

August 10, 2011.

Attorney(s) appearing for the Case

Robert D. Brown , Kenneth J. Allen & Associates, P.C., Valparaiso, IN, Attorneys for Appellant.

Paige C. Donaldson , Sanchez Daniels & Hoffman, LLP, Chicago, IL, Attorney for Appellee Lafarge North America, Inc.

F. Joseph Jaskowiak , Hoeppner Wagner & Evans, Merrillville, IN, Attorneys for Appellee Mittal Steel and Michael Rayson.

OPINION

BAKER, Judge.

Today we decide whether an injured employee who settles with a third party for substantially less than the damages value of his claim without the consent of his employer or his worker's compensation carrier can subsequently reduce his lien arising under the Indiana Worker's Compensation Act by attorney fees and pro rata costs pursuant to Indiana Code section 22-3-2-13 and in the same proportion that his full recovery was reduced pursuant...

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