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SMITH v. CHAMPION TRUCKING CO., INC.

No. 93S02-0906-EX-276.

925 N.E.2d 362 (2010)

Jimmie C. SMITH, Appellant (Plaintiff below), v. CHAMPION TRUCKING COMPANY, INC., Appellee (Defendant below).

Supreme Court of Indiana.

April 15, 2010.

Attorney(s) appearing for the Case

Paul A. Brizendine, Floyds Knobs, IN, Attorney for Appellant.

Trevor J. Crossen, Stephen M. Wagner, Carmel, IN, Attorneys for Amicus Curiae Indiana Trial Lawyers Association.

Timothy W. Wiseman, Lynne D. Lidke, Indianapolis, IN, Attorneys for Appellee.

Rori L. Goldman, Ty M. Craver, Indianapolis, IN, James D. Johnson, Evansville, IN, Attorneys for Amicus Curiae Defense Trial Counsel of Indiana.

On Petition to Transfer from the Indiana Court of Appeals, No. 93A02-0808-EX-701

BOEHM, Justice.

We hold that under Indiana's Worker's Compensation Act, an employer's worker's compensation liability for an employee's benefits terminates if the employee settles a claim against a third party for the same injury without first obtaining the employer's consent to the settlement. The Board's decision dismissing Smith's Application for Adjustment of Claim is affirmed...

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