ILNews

Appellate court upholds denial of palliative care

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has affirmed that a man is not entitled to ongoing palliative care because he failed to specify what treatment he believes he needs.

In Jeff Reeves v. Citizens Financial Services, No. 93A02-1107-EX-604, Jeff Reeves was injured in a car accident while in the course of his employment with Citizens Financial Services. He had pain in his neck, lower back, left hip and legs. Over the course of seven years, he saw numerous doctors or specialists to try to diagnose and treat the pain in his back and legs.

The matter went before a single hearing member of the Worker’s Compensation Board because Reeves and Citizens Financial could not agree on the company’s liability for any further treatment. The single hearing member found Reeves had reached maximum medical improvement, had a permanent partial impairment of five percent and was not entitled to palliative care. The full board adopted the single hearing member’s opinion in full in June 2011.

Reeves appealed the decision that he’s not entitled to ongoing palliative care, but did not specify what type of treatment he thinks he should receive. Citizens Financial argued that none of the doctors’ opinions clearly indicate that palliative care would reduce the extent of Reeves’ impairment.

There is conflicting evidence in this case as to whether palliative care – medicine, physical therapy or some other measure – reduces the extent of Reeves’ impairment, ruled the COA. Since he has not met the burden of showing the evidence is undisputed and leads inescapably to the opposite result of what the board found, the judges affirmed the board’s decision.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  2. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  3. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  4. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  5. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

ADVERTISEMENT