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Court upholds finding woman isn't totally disabled

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Because a woman failed to seek appellate review of the decision by the Worker’s Compensation Board of Indiana that she was not permanently and totally disabled, she waived any claim of error related to that decision, the Indiana Court of Appeals has ruled.

In Janet Stewart v. Richmond Community Schools, No. 93A02-1108-EX-793, Janet Stewart, a former gym teacher, appealed the final judgment by the board that found she was not permanently and totally disabled, as a single hearing member had determined.

Stewart broke her leg while helping a student during a gymnastic maneuver. She received workers’ compensation benefits for the surgery and treatment. A year later, she fell and broke her right hip at home. She claimed the fall was caused by continuing problems with her right leg. She did not return to work.

The single hearing member determined the hip injury was related to the broken leg injury and that she was totally and permanently disabled. The board affirmed that the hip injury was a compensable claim, but reversed regarding total disability and remanded for calculation of her permanent partial impairment. Neither party appealed the board’s decision.

On remand, she argued she was permanently and totally disabled; the member concluded Stewart sustained a 39 percent permanent partial impairment. The full board affirmed this decision.

The COA determined that the full board’s original decision finding Stewart wasn’t permanently and totally disabled was a final award subject to appellate review. Since she didn’t seek appellate review then, she waived any claim of error. The judges cited Cox v. Worker’s Comp. Bd., 675 N.E.2d 1053 (Ind. 1996), in support of their decision.

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

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  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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