“the new statute abrogated both the substance and the procedure of the common law collateral source rule”
How later courts described this case
- “the new statute abrogated both the substance and the procedure of the common law collateral source rule”
Written by the judges who cited it.
The opinion
CRONE, Judge,
concurring in part and concurring in result in part.
I agree with the majority that the Indiana Collateral Source Statute does not allow a double set-off and that the trial *627 court erroneously did so with Pendleton's worker's compensation benefits. I do not agree, however, that the Illinois Act is applicable here. I believe that Indiana Code Section 27-6-8-11(b) controls and that the Illinois Act would not come into play unless and until Pendleton seeks recovery from the Illinois Fund, presumably in proceedings supplemental. Therefore, I respectfully concur in result as to that issue. In all other respects, I fully concur in the lead opinion.