ILNews

Court examines future medical care in workers' comp case

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals ruled Friday that just because a worker injured on the job reaches the maximum amount of compensation allowed by state statute, that doesn’t mean that future care won’t be needed, and that may warrant additional payments in order to continue treating pain or injury from the underlying accident.

In a unanimous decision in Randall Perkins v. Jayco, Inc., No. 93A02-1104-EX-361, a three-judge appellate panel found the Indiana Worker’s Compensation Board applied an incorrect inference in affirming a single hearing board member’s decision to deny an injured man’s request for palliative care.

In December 2003, Randall Perkins was working at Jayco when 1,000 pounds of laminated panels fell and injured him. The employer provided temporary total disability compensation and medical expenses for the injury, but a single hearing board member later denied Perkins’ additional claim for future medical expenses because he’d already been compensated and was at the maximum medical improvement (MMI) from his primary treating physician and other doctors. The full Worker’s Compensation Board found Perkins had reached MMI, but didn’t make any finding regarding his palliative care request.

After the Court of Appeals remanded the case in 2009 with instructions for the board to address that palliative care issue, a single hearing member in 2010 determined that Perkins is not in need of any additional medical care, including palliative care, because he’d already reached the maximum for compensation. The full board affirmed that second ruling, and Perkins appealed again.

The appellate panel found nothing wrong with how the single hearing member and board addressed the case procedurally and included new findings, but reversed on the issue of future care being impacted by the maximum medical improvement.

Judge Edward Najam wrote that MMI does not speak to the need for future care that could limit or reduce the patient’s impairment, such as when an employee with a permanent back disability has reached the limit with regard to healing but pain continues.

“Treatment of that pain may mitigate, though not alleviate, the effects of the disability,” he wrote. “Such is the nature of palliative care allowed under (Indiana Code) Section 22-3-3-4(c). Here, again, the Board concluded that a finding of MMI allows an inference that future treatment is unnecessary. But MMI relates to a curative state. Palliative care does not. Instead, palliative care is treatment to reduce the effects of an impairment, not to cure the condition causing the impairment.”

Even with that finding, though, the appellate panel determined the error was harmless because the board found Perkins’ future treatment request was unrelated to his December 2003 work accident and was a pre-existing condition. In the end, the judgment denying Perkins’ request for future medical treatment wasn’t wrong, the appellate court wrote.
 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT