# Pendleton v. Aguilar

> Indiana Court of Appeals · May 19, 2005 · 827 N.E.2d 614

URL: https://www.frixlaw.com/law-library/cases/9715502

## Case

- **Full name:** Julian PENDLETON, Appellant, Plaintiff, v. Manuel AGUILAR and National Transportation Corp., Appellees-Defendants
- **Court:** Indiana Court of Appeals
- **Decided:** May 19, 2005
- **Citations:** 827 N.E.2d 614; 2005 Ind. App. LEXIS 882; 2005 WL 1176204
- **Precedential status:** Published
- **Opinion:** Concurring in part by Crone
- **Judges:** Riley, Robb, Crone
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9715502

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9715502. Public record. Not legal advice.