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Judges reverse dismissal of application to adjust claim

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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.

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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