« Courts - Take note: Voter backlash continues in Pennsylvania | Main | Ind. Courts - Star editorial urges judge to throw out toll road suit »

Thursday, May 18, 2006

Ind. Decisions - Supreme Court rules on workers compensation case twelve years later [Updated]

Niki Kelly of the Fort Wayne Journal Gazette has a story today about yesterday's Supreme Court ruling in the case of DePuy, Inc. v. Anthony Farmer (see ILB entry here).

The story is headlined: "Persistent injured employee wins case: DePuy Inc. required to pay claim after 12 years." Some quotes:

Anthony Farmer once promised that he would spend 20 years fighting his worker’s compensation case against DePuy Inc. if he had to.

The estimate wasn’t far off. Nearly 12 years after he was assaulted by a co-worker, the Indiana Supreme Court on Wednesday awarded Farmer the disputed $78,000 worker’s comp claim plus an extra 10 percent.

“I never thought about giving up,” Farmer said. “Thank God it came out the right way.”

Farmer was attacked by fellow employee Wynn Swindel on Sept. 1, 1994, as Farmer – who worked third shift – went to clock out and Swindel arrived for his workday at DePuy Orthopedics in Warsaw.

According to court records, Farmer simply greeted Swindel and brushed his chest with a timecard.

Swindel, who is repeatedly referred to as “grouchy” in court documents, pushed the slim Farmer against a machine, seriously injuring his back. Farmer had to endure multiple spinal infusions and had two spinal discs replaced, ironically with devices made by DePuy. Farmer sued Swindel and received a $3,000 settlement, which was turned over to DePuy in order to move forward with the worker’s compensation action.

But DePuy argued before the Indiana Supreme Court last May that Farmer’s injuries didn’t arise out of his employment because the attack wasn’t related to work. They instead insisted it was the result of “horseplay.”

Wednesday’s 5-0 ruling said a participant in horseplay isn’t entitled to worker’s compensation but an innocent victim of horseplay is.

“Farmer’s injuries were incurred while he was performing services for DePuy (i.e. walking toward the time clock to end his shift), and Swindel’s loss of control and unprovoked attack does not change that,” the decision said. “Accordingly, the incident was within the scope of employment as ordinary courtesies to a fellow employee, and Farmer’s injuries arose out of his employment.”

Farmer’s Warsaw attorney David Kolbe was pleasantly surprised by the decision.

“Oh my gosh. We hit a grand slam,” he said. “We believed we had both the law and the equity on our side, but you never know what the court will say.”

The justices also gave Farmer an additional 10 percent on his award. Five percent was automatic, and the rest was discretionary.

My question: Is this "an extra 10%", or 10% interest compounded annually over 12 years, which would make the total award, by my very rough calculation, nearly $250,000.

[Update at 9:00 am] My speculation is wrong. Niki Kelly was kind enough to just now send this message:

I saw the question you had on the 10 percent. It is not compounded interest - it simply enhances the award one time by 10 percent. According to the ruling the award shall be automatically enhanced 5 percent when the award of the worker's comp board is affirmed on appeal. Then it gives the judge discretion on an extra 5 percent.
And, as her story today reports:
Farmer, 49, said it was never about the money.

“It was the principle of the thing,” he said. “We didn’t ask for anything more than the bills we need to cover. That’s the way the laws are set up. I’m going to be injured the rest of my life and there’s nothing I can do about it.”

Posted by Marcia Oddi on May 18, 2006 05:53 AM
Posted to Ind. Sup.Ct. Decisions