ILNews

Judges reverse dismissal of application to adjust claim

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals reversed the decision by the full Worker’s Compensation Board that a medical services provider’s application for an adjustment of claim was barred by the two-year statute of limitations found in Indiana Code Section 22-3-3-3. The appellate court relied on a recent decision involving a similar scenario to make its ruling.

An employee of International Entertainment Consultants was injured during the course of his employment in 2005 and Indiana Spine Group PC provided medical services to him. Consultants’ insurer only paid a portion of the bill in 2006. In 2009, Indiana Spine filed an application for adjustment of claim with the Worker’s Compensation Board to be paid for the entire amount charged. Consultants filed a motion to dismiss because it believed the claim was barred by a two-year statute of limitation based on I.C. Section 22-3-3-3.

The full board affirmed the single hearing member’s grant of the motion to dismiss. It reasoned that the medical provider’s fee claim is derivative of the underlying injury claim and declined to apply any of the general statutes of limitation found in I.C. Chapter 34-11-2.

In Indiana Spine Group, P.C. v. International Entertainment Consultants, No. 93A02-1007-EX-764, the Court of Appeals relied on its recent ruling in Indiana Spine Group v. Pilot Travel Centers, 931 N.E.2d 435, 438 (Ind. Ct. App. 2010), to reverse. In that opinion, the judges found that the Worker’s Compensation Act is silent on the statute of limitations applicable to claims involving pecuniary liability of employers to medical service providers, but held that neither of the statute of limitations contained in the act – I.C. Sections 22-3-3-3 and -27 - applied to a medical service provider’s claim for pecuniary liability.

Consultants argued that Pilot was wrongly decided and I.C. Section 22-3-3-3 does apply to a medical service provider’s claim because its plain language makes it applicable to all claims for compensation under the act. It also argued that medical services are included in the term “compensation,” but cited no authority suggesting that “pecuniary liability” is included within the term “compensation,” wrote Judge Terry Crone.

“On the contrary, treating these terms as interchangeable would produce illogical and unjust results. In Pilot, we noted that the Act ‘specifically envisioned’ that ‘an employee could very well receive medical services up to the end of the two-year statutory period,’” he wrote. “Although Pilot was discussing the two-year period in Indiana Code Section 22-3-3-27, the reasoning applies with equal force to Section 22-3-3-3. As in Pilot, we ‘fail to see the wisdom of tying a medical service provider’s ability to seek full payment due under the Act’ to a date that has no significance to the medical service provider’s claim.”

Indiana Spine argued to the full board that either the six-year statute of limitation for actions on accounts or the 10-year statute of limitation for actions that are not limited by any other statute should apply. Since the provider’s claim would be timely under either of those statutes of limitation and no argument has been advanced for the application of any other statute of limitation, the judges held the board erred by dismissing the application. They remanded for further proceedings.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

ADVERTISEMENT