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Judges: 2-year statute of limitations doesn't apply

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The Indiana Court of Appeals reversed the dismissal of a medical group’s application for adjustment of claim for provider fee, finding the Indiana Worker’s Compensation Board erred by ruling the application was filed outside the statute of limitations.

The appellate court addressed this issue in three separate rulings today, including Indiana Spine Group PC v. Pilot Travel Centers LLC, No. 93A02-1003-EX-315. Indiana Spine Group had provided medical treatment in July and October 2004 to an employee of Pilot Travel Centers for work-related injury. Pilot paid only a portion of the balance of this treatment, with the last payment coming in June 2008.

In June 2009, ISG filed an application for the balance owed; Pilot sought a dismissal because it believed the application was filed outside the two-year statute of limitations of the date in which compensation was last paid to the employee specified in Indiana Code Section 22-3-3-27. The full board affirmed the dismissal by the single hearing member for lack of jurisdiction based on the two-year statute of limitations.

The statute in question establishes a two-year limit for the “modification” of an award due to a “change in conditions,” which begins to run on the last day for which compensation was paid to the injured employee. The Pilot employee was last compensated in August 2006.

But this statute of limitation doesn’t apply because there were no changed conditions requiring a modification of the worker’s compensation benefits to the employee, wrote Judge Ezra Friedlander. The Worker’s Compensation Act is silent on the statute of limitations applicable to claims involving the pecuniary liability of employers to medical service providers.

The appellate court declined to apply the statute of limitations in I.C. Section 22-3-3-27 because it could lead to absurd results, such as leaving medical service providers little incentive to treat injured workers under the act once an employee’s permanent partial impairment was established.

“While a medical service provider is able to determine the date of an injured employee’s accident, the provider does not generally have ready access to the dates of compensation to the employee, which vary widely from case to case,” wrote the judge. “Rather, a statute of limitations for claims like that asserted by ISG would seem to be more appropriately related to the date of service. We leave that decision, however, as well as the appropriate length of the limitations period, for the Legislature.”

The Court of Appeals reversed the decision and remanded so that ISG can have a determination on the merits of its application. The appellate court reached the same conclusion in the not-for-publication opinions Indiana Spine Group v. All Seasons Holdings, No. 93A02-1003-EX-316, and Indiana Spine Group v. Scenic Hills Care Center, No. 93A02-1003-EX-313.



 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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