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Disability Law

: Doherty & Progar Workers' Comp

Indiana Employee Has No Claim Against Employer for Spoliation of Evidence

By Michael Progar

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In Glotzbach v. Froman, the Indiana Supreme Court held that an employee whose injuries are covered by the Worker's Compensation Act had no claim against the employer for disposing of debris and equipment damaged in an explosion. The employee argued that the debris and equipment might have constituted evidence in a third-party product liability claim. However, the court concluded that policy considerations dictated against recognizing spoliation as a tort under those circumstances. In addition to the speculative nature of proving damages in a third-party spoliation claim, it would open the door to satellite litigation against the employer that the Worker's Compensation Act was designed to foreclose.

Full post as published by Doherty & Progar Workers' Comp on December 14, 2006 (boomark / email).

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