Additional Recent Case Law

Prejudgment Interest

The Indiana Court of Appeals recently decided the case of Bowles v. Griffen Industries, at 855 NE 2d 315, in which it stated that prejudgment would not be awarded under Indiana workers' compensation law. It affirmed that post judgment interest still may be appropriate in certain circumstances, which would include the five and 10% rule on appellate cases. It is interesting to note that Mr. Bowles' case has generated a good bit of litigation in front of the Indiana Workers' Compensation Board. In an earlier case found at Bowles v. Second Injury Fund, 827 NE 2d 142, he was denied retroactive admission into the Second Injury Fund because of delays that were the fault of the Plaintiff and not the Worker's Compensation Board. An earlier Bowles case found at 798 NE 2d 908 also addressed the issue of apportionment in permanent and total disability claims.