ILNews

COA affirms worker's comp benefits

Jennifer Nelson
January 1, 2007
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The Court of Appeals affirmed an injured dancer is entitled to worker's compensation benefits and remanded with instructions to the Full Worker's Compensation Board to determine if she is eligible for double compensation and attorney fees because her company did not have worker's compensation insurance at the time of her injury.

In Wholesaler's Inc. d/b/a Shangri-La v. Angela Hobson, 93A02-0702-EX-173, Hobson worked as a dancer at Shangri-La in Fort Wayne. She injured herself Dec. 20, 2001, while performing a pole trick on stage and felt a pull in her neck. Hobson informed the manager after leaving the stage of her injury and went to a chiropractor a week later after experiencing continuous pain and numbness. After nearly a month of pain, Hobson had surgery to correct a herniated disc in her cervical spine.

Hobson filed an application for an adjustment of her claim with the Indiana Worker's Compensation Board in October 2003. After a hearing, she was awarded temporary total disability benefits and compensation for eight degrees of permanent impairment. At the time of her injury, Shangri-La did not have worker's compensation insurance.

Shangri-La appealed the board's decision, arguing there is insufficient evidence to support the award to Hobson, and its witnesses testified Hobson did not notify her co-workers of her injury or appear injured. The Court of Appeals affirmed the judgment in favor of Hobson, stating it was for the board to decide who was more believable.

Hobson is seeking appellate attorney fees, a 10 percent increase in her award pursuant to I.C. 22-3-4-8(f), and double the compensation and attorney fees because of Shangri-La's violation of Indiana law in not having worker's compensation insurance.

In order for Hobson to be entitled to that, Shangri-La's appeal must be frivolous or in bad faith. The Court of Appeals found that Shangri-La exhibited neither substantive nor procedural bad faith in its appeal. Even though there has been a delay in Hobson receiving her benefits, the time between an injury and determination on appeal is typically five years, which the court decided did not merit a 10 percent increase. The Court of Appeals did find she is entitled to a 5 percent increase in her award as provided by I.C. 22-3-4-8.

Pursuant to I.C. 22-3-4-13(f), Hobson may be entitled to double compensation and attorney fees. Because there's already been a four- to six-year delay in her receipt of benefits, the court remanded with instructions that the board determine whether Hobson is entitled to double compensation and attorney fees and to have Shangri-La make immediate payment for the full amount of the award to Hobson, including the 5 percent increase.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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