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Rassbach v. Alcala9/17/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
Case Summary
Christopher Rassbach, Tamara Rassbach, James Augustyn, and Melody Augustyn (collectively, the Plaintiffs) appeal the trial court's order dismissing their negligence action against Vincent Alcala for lack of subject matter jurisdiction. Specifically, the Plaintiffs argue that the trial court erred in disregarding an earlier decision made by the Worker 's Compensation Board of Indiana (Board). Because we find that a trial court is not empowered to review an award issued by the Board, we reverse.
Facts and Procedural History
On February 8, 1998, Christopher Rassbach (Rassbach) picked up James Augustyn (Augustyn) on his way to work. Rassbach and Augustyn were employees of Raytheon Engineers & Constructors, Inc., which was performing contracting work. Rassbach's and Augustyn's workday started at 7:00 a.m., but they preferred to get to their workplace about a half hour early every day. At 6:35 a.m., Rassbach and Augustyn were driving on Route 66 Inbound, a private road that runs across Inland Steel property, when they came to the Beemsterboer gate.
In order to reach their workplace, Raytheon employees had to present swipe cards to a guard at the Beemsterboer gate. There was a line of approximately sixty cars waiting to pass through the gate when Rassbach and Augustyn arrived. Rassbach stopped his truck while waiting in line and was promptly rear-ended by Alcala, another Raytheon employee. The collision caused Rassbach's truck to crash into the next vehicle in line driven by Eugene Klimaszewski. The accident occurred approximately three-quarters of a mile onto Inland Steel property and approximately 60 car lengths or 700 feet before the gate that led to the Raytheon employees' workplace. Following the accident, Alcala, Klimaszewski, Rassbach, and Augustyn were taken to the hospital in an Inland Steel in-house ambulance and an East Chicago ambulance. Inland Steel Security investigated the accident and prepared an Accident Report.
On October 13, 1998, Rassbach and Augustyn filed worker 's compensation claims with the Board. On September 23, 1999, a single member of the Board held a worker 's compensation hearing on their claim. Raytheon moved that the Board rule as a matter of law that Rassbach's and Augustyn's injuries did not arise out of and in the course of their employment. On October 4, 1999, the single member entered an award based on the following stipulations made between Rassbach and Augustyn and Raytheon at the hearing:
1. That the depositions of Plaintiffs, Jim Augustyn and Christopher Rassbach, taken February 1, 1998, be admitted and made part of the record herein.
2. That the facts in the depositions of the Plaintiffs indicate:
A. That the Plaintiffs were traveling in a vehicle on February 1, 1998, at 6:35 O'Clock A.M., on a municipal road called Route 66, in East Chicago , Indiana.
B. At that time, Plaintiffs were traveling in a vehicle that was owned by Plaintiff, Christopher Rassbach.
C. At that time, Plaintiff, Christopher Rassbach, was receiving no compensation from [Raytheon].
D. At that time, Plaintiff, Christopher Rassbach, was receiving no mileage payment from [Raytheon].
E. At that time, there was a rear-end accident outside of [Raytheon]'s work place by approximately some seven hundred (700) feet. Appellants' App. p. 11.
In the award, the member found that Rassbach's and Augustyn's injuries "did not arise out of and in the course of their employment with Defendant, Raytheon Engineers and Constructors" and dismissed their claim. Appel
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