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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.