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COA: physical condition, injury equal one injury

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The Indiana Court of Appeals isn't convinced it needs to address the issue of pre-existing, non-work related physical conditions as it relates to a pizzeria cook's worker compensation case.

A ruling today in PS2, LLC, d/b/a Boston's Gourmet Pizza v. Adam Childers, No. 93A02-0902-EX-176, affirmed an order from the Indiana Worker's Compensation Board. A single administrative member last year had determined the injured cook was entitled to a secondary medical treatment relating to his injury and continued payment of temporary total disability benefits. On review, the full board in February affirmed that decision.

Childers was struck in the back by a freezer door in March 2007 and sustained an injury to his lower back. The record states that at the time of the accident, the 25-year-old was 6 feet tall, weighed 340 pounds, and smoked about 30 cigarettes a day. His treatment at first included medication and then physical therapy, but the latter was stopped because of worsening pain. A doctor recommended he lose weight in order to continue the treatment. However, Childers gained weight and surgery was explored as an option.

But the employer disagreed that it should have to pay for weight-reduction treatment and argued against the finding that Childers' pre-existing physical condition and inability to lose weight combined with a workplace injury produced a "single injury."

On appeal, Boston cited the state's Apportionment Statute at Indiana Code Section 22-3-3-12 that attempts to separate those workplace injuries from pre-existing impairments or disabilities that may or may not be related. Boston argues that the statute shows it would go against Indiana's public policy to hold an employer responsible for any medical condition resulting from another employment or cause. It recommended the Indiana Court of Appeals consider decisions from other jurisdictions - Louisiana, Florida, Wyoming, California, Oregon, Ohio, and South Dakota - that had considered the issue.

But the appellate judges found that Boston didn't show evidence that Childers had a weight problem impairing his health or requiring medical intervention prior to the workplace injury. After his injury, though, he was nearly immobile and that caused his weight to rise, the court wrote.

"We find Indiana law and the reasoning of the cases relied upon by the Board sufficient to our task, and to sustain the Board's award," Judge Carr Darden wrote for the unanimous panel.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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