Judges: 2-year statute of limitations doesn't apply

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The Indiana Court of Appeals reversed the dismissal of a medical group’s application for adjustment of claim for provider fee, finding the Indiana Worker’s Compensation Board erred by ruling the application was filed outside the statute of limitations.

The appellate court addressed this issue in three separate rulings today, including Indiana Spine Group PC v. Pilot Travel Centers LLC, No. 93A02-1003-EX-315. Indiana Spine Group had provided medical treatment in July and October 2004 to an employee of Pilot Travel Centers for work-related injury. Pilot paid only a portion of the balance of this treatment, with the last payment coming in June 2008.

In June 2009, ISG filed an application for the balance owed; Pilot sought a dismissal because it believed the application was filed outside the two-year statute of limitations of the date in which compensation was last paid to the employee specified in Indiana Code Section 22-3-3-27. The full board affirmed the dismissal by the single hearing member for lack of jurisdiction based on the two-year statute of limitations.

The statute in question establishes a two-year limit for the “modification” of an award due to a “change in conditions,” which begins to run on the last day for which compensation was paid to the injured employee. The Pilot employee was last compensated in August 2006.

But this statute of limitation doesn’t apply because there were no changed conditions requiring a modification of the worker’s compensation benefits to the employee, wrote Judge Ezra Friedlander. The Worker’s Compensation Act is silent on the statute of limitations applicable to claims involving the pecuniary liability of employers to medical service providers.

The appellate court declined to apply the statute of limitations in I.C. Section 22-3-3-27 because it could lead to absurd results, such as leaving medical service providers little incentive to treat injured workers under the act once an employee’s permanent partial impairment was established.

“While a medical service provider is able to determine the date of an injured employee’s accident, the provider does not generally have ready access to the dates of compensation to the employee, which vary widely from case to case,” wrote the judge. “Rather, a statute of limitations for claims like that asserted by ISG would seem to be more appropriately related to the date of service. We leave that decision, however, as well as the appropriate length of the limitations period, for the Legislature.”

The Court of Appeals reversed the decision and remanded so that ISG can have a determination on the merits of its application. The appellate court reached the same conclusion in the not-for-publication opinions Indiana Spine Group v. All Seasons Holdings, No. 93A02-1003-EX-316, and Indiana Spine Group v. Scenic Hills Care Center, No. 93A02-1003-EX-313.



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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.