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Court examines future medical care in workers' comp case

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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.
 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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