ILNews

COA: Man has exhausted compensation benefits

Back to TopCommentsE-mailPrintBookmark and Share

An Indiana statute is ambiguous as to whether a person who has exhausted his actual worker’s compensation benefits prior to 500 weeks is eligible to receive benefits from the Second Injury Fund starting on the date of the exhaustion of the actual benefits, the Indiana Court of Appeals concluded today.

The appellate judges ruled that a man who was entitled to receive 500 weeks of benefits, but only received benefits for 264 weeks, should be allowed to collect from the Second Injury Fund once he exhausted his benefits after the 264th week.

R.M. was injured at his workplace when his arms were pulled into a conveyor belt he was cleaning. He is now permanently disabled and entitled to receive worker’s compensation benefits pursuant to Indiana Code Section 22-3-3-10 for 500 weeks from the date of his injuries. He’s also allowed to recover from the Second Injury Fund after he has received the maximum compensation to which he is entitled under the Workers’ Compensation Act. The Full Worker’s Compensation Board originally ruled R.M. wasn’t eligible to receive benefits from the Second Injury Fund, but the Indiana Supreme Court reversed in 2008.

But R.M. only collected for 264 weeks because his employer and employer’s worker’s compensation insurance provider went out of business. Because of this, he argued he should be eligible for money from the Second Injury Fund beginning with the 265th week after the date of his workplace injury. The Full Worker’s Compensation Board determined he would be eligible beginning with the 501st week after the date of his injury.

Judge Cale Bradford wrote in R.M. v. Second Injury Fund, No. 93A02-1007-EX-792, that the judges believe the statute is ambiguous as to this issue. I.C. Section 22-3-3-13(h) provides that a person is eligible for benefits from the Second Injury Fund after exhausting benefits available to him or her under I.C. Section 22-3-3-10. Under -10, R.M. was entitled to receive worker’s compensation benefits for 500 weeks, but because his employer and employer’s worker’s compensation insurance provider went out of business before he met the 500-week threshold, the judges concluded he effectively received the maximum benefits possible and exhausted his right to receive worker’s comp.

“Having concluded that R.M. has effectively exhausted his right to receive worker’s compensation benefits, we believe that the legislature intended that an individual under these specific circumstances shall be considered to have exhausted their right to worker’s compensation benefits, thus making them eligible to recover additional benefits from the Second Injury Fund,” wrote Judge Bradford in reversing the full board. “Any other interpretation would result in the unjust and absurd result of R.M. being left without the assistance of the additional benefits to which he is entitled for a period of 236 weeks.”

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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

ADVERTISEMENT