Justices: Act doesn't allow interest

Jennifer Nelson
January 1, 2008
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Interest may not be calculated on workers' compensation benefits, including past-due medical bills, because Indiana legislation doesn't expressly allow for it, the Indiana Supreme Court ruled today.

In Christopher R. Brown, D.D.S., Inc. v. Decatur County Memorial Hospital, No. 93S02-0711-EX-561, Dr. Christopher Brown appealed the decision by the full Workers' Compensation Board that he was not entitled to interest on past-due medical bills incurred from his treatment of a patient who was receiving workers' compensation benefits from Decatur County Memorial Hospital.

Indiana's Workers' Compensation Act doesn't address whether interest may be awarded on past-due benefits, so the Supreme Court looked to other jurisdictions' decisions on the matter. Some courts have held no interest is assessable on deferred payments without express authority from the legislature; others relied on their state's general-interest statutes.

The high court decided because the workers' compensation system is uniquely legislative in nature, appellate courts should be hesitant to apply provisions not expressly included in the statutory scheme, wrote Justice Robert Rucker.

"In plain terms, there is nothing in the Act that could be read to authorize an award of interest. If a policy consideration suggests that interest on worker's compensation awards should be allowed, then the legislature and not the courts should implement such a policy," he wrote.

The denial of Brown's request for interest doesn't violate Article I, Section 23 of the Indiana Constitution, as Brown argued. There is nothing in the Workers' Compensation Act that prohibits Brown from negotiating with the hospital to include a provision in his contract to accept injured workers under the act and charge interest on past-due bills, wrote Justice Rucker.

"The different treatment accorded Dr. Brown is reasonably related to differences between healthcare providers who provide medical services to patients covered by the Act and those not so covered. As a result Dr. Brown has failed to support his claim that his Equal Privileges rights have been violated," he wrote.

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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.