Court: Insulator's Workers' Comp Claim Remains Active While Civil Judgment Is Unpaid

INDIANAPOLIS - A former insulator's asbestos-related workers' comp claim may remain active while a related third-party action is still pending, so long as there is no evidence that the tort action has fully concluded, a state appeals court has ruled. Roberts v. ACandS, Inc., No. 93A02-0309-EX-783 (Ind. Ct. App.).

In an opinion issued April 6, the Indiana Court of Appeals reversed a decision dismissing a workers' comp claim filed by William Roberts Jr., determining that the dismissal was premature because it was not evident that Roberts has received payment as a result of the judgment he received in his third …