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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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