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Judges affirm worker's compensation board ruling

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The Full Worker’s Compensation Board of Indiana was correct in ordering a business to pay for an employee’s third surgery that resulted from an accident partially caused by a previous work-related injury.

In Moorehead Electric Co. v. Jerry Payne, No. 93A02-1105-EX-457, the court affirmed a ruling by the state board about a workplace injury.

Jerry Payne injured his right shoulder on the job at Moorehead Electric Company in September 2008, and the following spring he received two surgeries and was instructed to wear a shoulder brace 24 hours a day. Less than two weeks after his second surgery, Payne attended a wedding reception in Indianapolis and fell when he tried to avoid colliding with other people. As a result, in part, of wearing the brace that he said impaired his vision, Payne re-injured his right shoulder and needed a third surgery. Moorehead paid for the first two procedures, but refused to pay for the third because it wasn’t work related. Payne argued that it should be covered, and after a hearing a single hearing member ruled in Payne’s favor. The full board later adopted that ruling, and this appeal followed.

The appellate court found that Payne was acting as a reasonably prudent person would under those same circumstances. The board found the man’s ability to walk because of the brace was impaired and was at least partially responsible for the re-injury.

“In other words, because the original shoulder injury arose out of Payne’s employment, and there was no intervening, causal act of negligence, the subsequent injury is a consequence which flows from it, and therefore, likewise arises out of his employment with Moorehead,” Judge Paul Mathias wrote.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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