Opinion

Pendleton v. Aguilar

  • 827 N.E.2d 614
  • 2005 Ind. App. LEXIS 882
  • 2005 WL 1176204
Court
Indiana Court of Appeals
Filed
May 19, 2005
Status
Published
Author
Crone
On the bench
Riley, Robb, Crone
Cited by
23 cases

“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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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