Johns v. New York Blower Co.

STATON, Judge,

concurring in result.

I concur in result since coverage by workmen’s compensation is irrelevant to the issue of liability. If there is a nondelegable duty, a third party is liable for the injuries and damages resulting regardless of workmen’s compensation coverage. Denneau v. Indiana & Michigan Electric Company (1971), 150 Ind.App. 615, 277 N.E.2d 8. Workmen’s compensation coverage in many cases may be grossly inadequate where a non-delegable duty is involved.