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Eugene Collins v. Glen Day

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eBook details

  • Title: Eugene Collins v. Glen Day
  • Author : Supreme Court of Minnesota
  • Release Date : January 28, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 69 KB

Description

This case presents a state constitutional challenge to the exclusion of agricultural workers from the coverage of the Indiana Workers Compensation Statute. The foundational question is whether the requirements of the Privileges and Immunities Clause, Article 1, § 23, of the Constitution of Indiana, are independent of and distinguishable from those imposed by the Fourteenth Amendment to the Constitution of the United States. To address this and related questions, we grant transfer. The parties have stipulated to the facts. On February 11, 1989, plaintiff-appellant Eugene Collins sustained a broken right leg in an accident in the course of his employment as an agricultural employee of defendant-appellee Glen Day. The defendant denies that any compensable accident occurred under the provisions of the Act and has not paid the plaintiff any workers compensation benefits. The defendant had not exercised the statutory election to waive the agricultural exemption and thus had not agreed to provide workers compensation coverage. In the plaintiffs application for such benefits, he claims medical expenses of $12,000.00 and average weekly earnings at the time of the accident of $140.00 per week, in addition to the value of the use of a residence.


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