Sec. 14. (a) As used in this section, "person" does not
include:
(1) an owner who contracts for performance of work on the
owner's owner occupied residential property; or
(2) a nonprofit corporation that is recognized as tax exempt under
Section 501(c)(3) of the Internal Revenue Code (as defined in IC 6-3-1-11(a)) to the extent the corporation enters into an
independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(b) The state, any political division thereof, any municipal
corporation, any corporation, limited liability company, partnership, or
person, contracting for the performance of any work exceeding one
thousand dollars ($1,000) in value by a contractor subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6, without
exacting from such contractor a certificate from the worker's
compensation board showing that such contractor has complied with
section 5 of this chapter, IC 22-3-5-1, and IC 22-3-5-2, shall be liable
to the same extent as the contractor for compensation, physician's fees,
hospital fees, nurse's charges, and burial expenses on account of the
injury or death of any employee of such contractor, due to an accident
arising out of and in the course of the performance of the work covered
by such contract.
(c) Any contractor who shall sublet any contract for the performance
of any work, to a subcontractor subject to the compensation provisions
of IC 22-3-2 through IC 22-3-6, without obtaining a certificate from the
worker's compensation board showing that such subcontractor has
complied with section 5 of this chapter, IC 22-3-5-1, and IC 22-3-5-2,
shall be liable to the same extent as such subcontractor for the payment
of compensation, physician's fees, hospital fees, nurse's charges, and
burial expenses on account of the injury or death of any employee of
such subcontractor due to an accident arising out of and in the course
of the performance of the work covered by such subcontract.
(d) The state, any political division thereof, any municipal
corporation, any corporation, limited liability company, partnership,
person, or contractor paying compensation, physician's fees, hospital
fees, nurse's charges, or burial expenses under this section may recover
the amount paid or to be paid from any person who, independently of
such provisions, would have been liable for the payment thereof and
may, in addition, recover the litigation expenses and attorney's fees
incurred in the action before the worker's compensation board as well
as the litigation expenses and attorney's fees incurred in an action to
collect the compensation, medical expenses, and burial expenses.
(e) Every claim filed with the worker's compensation board under
this section shall be instituted against all parties liable for payment.
The worker's compensation board, in an award under subsection (b),
shall fix the order in which said parties shall be exhausted, beginning
with the immediate employer, and, in an award under subsection (c),
shall determine whether the subcontractor has the financial ability to
pay the compensation and medical expenses when due and, if not, shall
order the contractor to pay the compensation and medical expenses.
Formerly: Acts 1929, c.172, s.14; Acts 1947, c.162, s.1. As
amended by P.L.28-1988, SEC.24; P.L.8-1993, SEC.280;
P.L.258-1997(ss), SEC.2; P.L.202-2001, SEC.2; P.L.201-2005,
SEC.3.
Notes of Decisions
Everett Cash Mut. Ins. Co. v. Taylor, 904 N.E.2d 276 (Ind. Ct. App. 2009).
· cites it 31× “person, contracting for the performance of any work exceeding one thousand dollars ($1,000) in value by a contractor subject to the compensation provisions of IC 22-3-2 through IC 22-3-6, without exacting from such contractor a certificate from the worker's compensation board…”
Everett Cash Mut. Ins. Co. v. Taylor, 926 N.E.2d 1008 (Ind. 2010).
· cites it 6× “§ 22-3-2-14(a)(1). 2 . We need not address whether Everett Cash is estopped from relying on the disputed ex *1011 clusion because we find that the exclusion does not apply in this instance.”
Howard v. U.S. Signcrafters, 811 N.E.2d 479 (Ind. Ct. App. 2004).
· cites it 6× “Whether the Board erred when it did not address whether Howard was eligible for benefits under Indiana Code section 22-3-2-14. We affirm. Facts and Procedural History Howard operated a sign business under the name Custom Signs.”
Washington Metro. Area Transit Auth. v. Johnson, 467 U.S. 925 (1984).
· cites it 2× “§ 48-116 (1978); Ind. Code § 22-3-2-14 (1982). Under these regimes, it might make sense to adopt the Court of Appeals' view that tort immunity should extend only to those general contractors that secure compensation after a subcontractor defaults on its obligation.”
Rausch v. Reinhold, 716 N.E.2d 993 (Ind. Ct. App. 1999).
· cites it 2× “DuHadway failed to exact certificates of insurance from its subcontractors showing compliance with the Worker’s Compensation Act (‘WCA”) as required by Ind.Code § 22-3-2-14(b) (1988). IC 22-3-2-14(b) provides that a contractor who fails to exact a certifícate of insurance is…”
Lackey v. Duhadway Co., Inc., 560 N.E.2d 671 (Ind. Ct. App. 1990).
· cites it 3× “CODE § 22-3-2-14 (1988 Ed.) reads in pertinent part: "(b) Any principal contractor, intermediate contractor, or subcontractor, who shall sublet any contract for the performance of any work, to a subcontractor subject to the compensation provisions of IC 22-8-2 through IC 22-8-6,…”
Travelers Ins. Co. v. R.B. Carriers, Inc., 613 N.E.2d 440 (Ind. Ct. App. 1993).
· cites it 6× “Travelers refers to Part Five of the insurance policy, which contemplates I.C. § 22-3-2-14(a) Hability when it refers to charging premiums for "(alll other persons engaged in work that could make us liable under Part One (Workers Compensation insurance) of this policy," but…”
Jason Young v. Hood's Gardens, Inc., 2 N.E.3d 724 (Ind. Ct. App. 2013).
· cites it 8× “Code Section 22-3-2-14(b) Young also contends that the trial court erred when it granted summary judgment.”
J&B West Enter. v. Am. Interstate Ins. Co. (N.D. Ind. 2021).
· cites it 12× “See Ind. Code § 22-3-2-14 . Moreover, J&B West’s workers’ compensation insurance carrier—American Interstate—would also be liable for the work-related injury or death of any employee of a J&B West subcontractor.”
— Ind. Code § 22-3-2-14(a) — 2 cases
Travelers Ins. Co. v. R.B. Carriers, Inc., 613 N.E.2d 440 (Ind. Ct. App. 1993).
“Travelers refers to Part Five of the insurance policy, which contemplates I.C. § 22-3-2-14(a) Hability when it refers to charging premiums for "(alll other persons engaged in work that could make us liable under Part One (Workers Compensation insurance) of this policy," but…”
— Ind. Code § 22-3-2-14(a)(1) — 2 cases
Everett Cash Mut. Ins. Co. v. Taylor, 926 N.E.2d 1008 (Ind. 2010).
“§ 22-3-2-14(a)(1). 2 . We need not address whether Everett Cash is estopped from relying on the disputed ex *1011 clusion because we find that the exclusion does not apply in this instance.”
Everett Cash Mut. Ins. Co. v. Taylor, 904 N.E.2d 276 (Ind. Ct. App. 2009).
“person, contracting for the performance of any work exceeding one thousand dollars ($1,000) in value by a contractor subject to the compensation provisions of IC 22-3-2 through IC 22-3-6, without exacting from such contractor a certificate from the worker's compensation board…”
— Ind. Code § 22-3-2-14(b) — 9 cases
Everett Cash Mut. Ins. Co. v. Taylor, 926 N.E.2d 1008 (Ind. 2010).
“§ 22-3-2-14(a)(1). 2 . We need not address whether Everett Cash is estopped from relying on the disputed ex *1011 clusion because we find that the exclusion does not apply in this instance.”
Rausch v. Reinhold, 716 N.E.2d 993 (Ind. Ct. App. 1999).
“DuHadway failed to exact certificates of insurance from its subcontractors showing compliance with the Worker’s Compensation Act (‘WCA”) as required by Ind.Code § 22-3-2-14(b) (1988). IC 22-3-2-14(b) provides that a contractor who fails to exact a certifícate of insurance is…”
Everett Cash Mut. Ins. Co. v. Taylor, 904 N.E.2d 276 (Ind. Ct. App. 2009).
“person, contracting for the performance of any work exceeding one thousand dollars ($1,000) in value by a contractor subject to the compensation provisions of IC 22-3-2 through IC 22-3-6, without exacting from such contractor a certificate from the worker's compensation board…”
Lackey v. Duhadway Co., Inc., 560 N.E.2d 671 (Ind. Ct. App. 1990).
“CODE § 22-3-2-14 (1988 Ed.) reads in pertinent part: "(b) Any principal contractor, intermediate contractor, or subcontractor, who shall sublet any contract for the performance of any work, to a subcontractor subject to the compensation provisions of IC 22-8-2 through IC 22-8-6,…”
— Ind. Code § 22-3-2-14(c) — 2 cases
J&B West Enter. v. Am. Interstate Ins. Co. (N.D. Ind. 2021).
“See Ind. Code § 22-3-2-14 . Moreover, J&B West’s workers’ compensation insurance carrier—American Interstate—would also be liable for the work-related injury or death of any employee of a J&B West subcontractor.”
— Ind. Code § 22-3-2-14(e) — 2 cases
Everett Cash Mut. Ins. Co. v. Taylor, 926 N.E.2d 1008 (Ind. 2010).
“§ 22-3-2-14(a)(1). 2 . We need not address whether Everett Cash is estopped from relying on the disputed ex *1011 clusion because we find that the exclusion does not apply in this instance.”
Everett Cash Mut. Ins. Co. v. Taylor, 904 N.E.2d 276 (Ind. Ct. App. 2009).
“person, contracting for the performance of any work exceeding one thousand dollars ($1,000) in value by a contractor subject to the compensation provisions of IC 22-3-2 through IC 22-3-6, without exacting from such contractor a certificate from the worker's compensation board…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.