Court Upholds Exotic Dancer’s Workers Comp Claim

INDIANAPOLIS — In a decision issued Tuesday, the Indiana Court of Appeals upheld a workers compensation claim entered by an exotic dancer who was injured while working the pole at a Fort Wayne, Ind., strip club in 2001.

In upholding the claim of dancer Angela Hobson, the court further ordered that the state’s workers compensation board determine whether she is due double compensation on her claim, due to the fact that the club failed to carry workers compensation insurance at the time of Hobson’s injury.

According to court documents, Hobson began her employment as a dancer at the Shangri-La club in Fort Wayne on Dec. 7, 2001, and was injured less than two weeks later. On Dec. 20, Hobson was on stage “performing a pole trick when she sprung around the pole and felt a pull in her neck,” according to testimony in the case.

After receiving treatment for her injury, including surgery performed in January 2002, Hobson filed an application for an adjustment of claim with the state workers compensation board. In June of last year, the board awarded Hobson temporary total disability benefits and other compensation.

In its ruling, the workers compensation board issued several findings of fact and law, including that Shangri-La “did not have a policy of workers compensation insurance and was not approved by the board as a self-insurer at the time of the alleged injury.”

The board’s ruling noted that witnesses for Shangri-La “adamantly deny knowledge of the injury and deny noticing that [Hobson] was absent from work around January 14, 2002, the date [Hobson] underwent her first cervical spine fusion.” The club, however, didn’t present any evidence that established whether Hobson was present for work or absent from the time of her surgery in 2002.

The board further noted that the club “did not have adequate procedures for recording work injuries, did not maintain adequate business records, did not have workers compensation coverage in place and did not have a notice of coverage posted,” adding that if Shangri-La had provided appropriate coverage and postings “it is at least possible that this dispute would have been resolved long ago.”

In its appeal of the board’s ruling, Shangri-La argued that there was “insufficient evidence supporting the board’s award to Hobson,” but that argument essentially was deemed irrelevant by the court, given the limited scope of its review of the case on appeal.

“As we consider this argument, we note that we are bound by the board’s findings of fact and may not disturb its determination unless the evidence is undisputed and leads undeniably to a contrary conclusion,” the court wrote in its decision. “It is the duty of the board, as the trier of fact, to make findings that reveal its analysis of the evidence and that are specific enough to permit intelligent review of its decision.”

The upshot of Shangri-La’s argument, the court noted, was that “its witnesses were more credible and its evidence more weighty than Hobson’s,” but that argument simply was not among the things the court could consider in the case, according to the court’s decision.

“[W]e neither assess witness credibility nor reweigh the evidence when reviewing an award of the board,” the court wrote. “Here, Hobson testified that she injured herself on the job and presented a substantial amount of medical evidence supporting that testimony. It was for the board to decide whose story was more believable. The board believed Hobson, and we cannot predicate error on that conclusion. Consequently, we affirm the board’s judgment in favor of Hobson.”

Attorney Rob Apgood told XBIZ that the case is an example of why it is important for businesses to carry insurance covering employees who engage in any manner of rigorous physical activity on the job — not just exotic dancing.

“They should have covered their employees with workers compensation insurance, knowing that dancers’ jobs involve more strain and risk of injury than do most jobs,” Apgood said. “Not carrying the insurance was a bad business decision.”

Read the court's decision

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

SVibe Debuts 'Gizi Pro' Vibrator

SVibe has introduced the new Gizi Pro vibrator.

Lovense Launches AI Companion

Lovense has launched its AI Companion.

Orion Unveils New Styles From 'NEK' Line

Orion Wholesale has released two new styles from its NEK line.

Screaming O, Dynamo Wellness Sign Canadian Distro Deal With EP Products

Screaming O and Dynamo Wellness have signed a deal with Canadian distributor EP Products.

Janra Names Megan Swartz Chief Operating Officer

Janra has appointed Megan Swartz as its new Chief Operating Officer.

Entrenue Unveils 2026 Calendar Catalog

Entrenue has released its 2026 calendar catalog, titled "Pleasure: Past and Present."

Hankey's Toys Releases 'ThaMaskedBandit' Dildo

Mr. Hankey's Toys has debuted its ThaMaskedBandit dildo.

Williams Trading Releases 2025 'Christmas Giftables' Catalog

Williams Trading Co. has released this year's edition of its "Christmas Giftables" digital catalog.

Show More