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October 2024

Manufacturing Client Prevails in Worker’s Compensation Retaliation Suit; Affirmed on Appeal

A manufacturer of interior and exterior parts for the recreation industry secured a complete victory when the Indiana Court of Appeals affirmed summary judgment dismissal of a worker’s compensation retaliation claim and the Indiana Supreme Court denied further review. The manufacturer was represented by Faegre Drinker throughout the litigation. The plaintiff, a truck driver, was terminated as part of a lawful workforce restructuring. The employee claimed the termination was in retaliation for an injury and the exercise of his right to worker’s compensation. The trial court granted summary judgment, which the Indiana Court of Appeals affirmed. Notably, the Court of Appeals granted a petition for rehearing solely to reaffirm its original decision before the Indiana Supreme Court denied transfer, bringing the litigation to a close.

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