IF WE RESOLVE A WORKERS COMPENSATION CLAIM BY A WAY OF SECTION 15 SETTLEMENT, WILL THIS PRECLUDE US FROM RECOVERING FROM THE “3RD PARTY”?
A. Section 15 can be interpreted to mean that the Act does not apply and if the Act does not apply, then Section 13 regarding liens probably does not apply either. Since the third party settlement will likely terminate liability, the need for a Section 15 may not be as great as would otherwise be the case. And, depending on the statute of limitation, the time to reopen may be so short as to not justify the risk. Q. WE HAD AN ACCIDENT WHERE AN EQUIPMENT OPERATOR STRUCK A LARGE YELLOW METAL BEAM. WHILE TALKING WITH HIM THERE WAS A STRONG ODOR OF ALCOHOL. IT IS THE EMPLOYER’S POLICY TO REQUEST A BREATHALYZER TEST. THIS CAME BACK POSITIVE, AN HOUR AFTER THE ACCIDENT AT .02. MY QUESTION IS HOW WOULD THE WORKER’S COMPENSATION BOARD LOOK AT THE SITUATION IF I DENIED THIS CLAIM? A. The level for presumed intoxication in Indiana is .08 grams per deciliter of blood. If this person was .02, then there would not be a presumption that he was intoxicated. The employer would have to prove that he was
