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Wabash County Hosp. Found., Inc. v. Lee

Court of Appeals of Indiana

February 13, 2014

WABASH COUNTY HOSPITAL FOUNDATION, INC. d/b/a WABASH COUNTY HOSPITAL and CAROLE RILEY, Appellants-Defendants,
v.
HAI LEE, Appellee-Plaintiff

Editorial Note:

These opinions are not precedents and cannot be cited or relied upon unless used when establishing res judicata or collateral estoppel or in actions between the same party. Indiana Rules of Appellate Procedure 65(D).

APPEAL FROM THE WABASH CIRCUIT COURT. The Honorable Robert R. McCallen, III, Judge. Cause No. 85C01-1205-CT-424.

ATTORNEY FOR APPELLANT: MARK W. BAEVERSTAD, ANDREW L. PALMISON, Rothberg Logan & Warsco, LLP, Fort Wayne, Indiana.

ATTORNEY FOR APPELLEE: M. CATHERINE FANELLO, TRACEY STEELE SCHAFER, LORIS ZAPPIA, Anderson Agostino & Keller, P.C., South Bend, Indiana.

RILEY, Judge. VAIDIK, C.J. concur. MAY, J. concurs in result with separate opinion.

OPINION

MEMORANDUM DECISION - NOT FOR PUBLICATION

RILEY, Judge.

STATEMENT OF THE CASE

Appellants-Defendants, Wabash County Hospital Foundation, Inc. (Hospital), and Carol Riley (Riley) (collectively, Appellants), appeal the trial court's grant of Appellee-Plaintiff's, Hai Lee, M.D. (Dr. Lee), motion to correct error, determining that Dr. Lee's injuries did not fall within the exclusive jurisdiction of the Indiana Worker's Compensation Act.

We affirm.

ISSUES

Appellants raise one issue on appeal, which we restate as the following two issues:

(1) Whether the trial court appropriately placed the burden of proof that Dr. Lee's injuries fell within the application of the Indiana Worker's Compensation Act on Appellants; and
(2) Whether the trial court acquired subject matter jurisdiction upon its finding that Dr. Lee's injuries did not fall within the exclusive jurisdiction ...

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