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Judges reverse dismissal of workers' compensation claim

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The Indiana Court of Appeals reversed the dismissal of a workers’ compensation claim, finding the worker’s deposition testimony didn’t support the Indiana Worker’s Compensation Board’s finding that he admitted his condition stemmed from a single incident.

In Darryl Harris v. United Water Services, Inc., No. 93A02-1010-EX-1164, Darryl Harris and his former employer differ on whether his medical issues stemmed from a specific incident while he worked for waste water treatment plant United Water Services Inc.

Harris was working in December 2005 when waste water splashed him in the face and he may have ingested some. That led to immediate mouth pain and it was determined he had a dental cavity and sebaceous cyst on his chin. He later began having acid reflux issues and eventually developed an ulcer and gastric cancer.

In May 2008, Harris pursued a workers’ compensation claim and an occupational disease claim. United Water filed a motion to dismiss because it believed that all of Harris’ medical conditions stemmed from the December 2005 incident and because he didn’t file his claim until more than two years later, the statute of limitations had run. Harris claimed his medical condition is an occupational disease and his condition is a repetitive injury.

The single hearing member granted the motion to dismiss and the full board affirmed. The full board found Harris admitted the injury occurred in December so the statute of limitations had expired for him to file a workers’ compensation claim. It also held he suffered an injury and not an occupational disease and his claim was untimely.

After determining the more deferential standard of review should apply, the judges reversed the full board’s decision. The board’s analysis stemmed from its finding that Harris admitted that the injury occurred in December and that the applicable statute of limitations in the context of a workers’ compensation claim had expired, but that wasn’t a reasonable characterization of his deposition testimony, wrote Judge Terry Crone.

“Harris merely speculated that the December 15, 2005, incident was the starting point or a major factor in his illness; however, he by no means conceded that his condition was caused solely by that single exposure,” he wrote.

It also appeared the board confused the issues and applied the wrong burden of proof. It seemed the board expected Harris to come forward with proof of causation in order to survive the motion to dismiss. But Harris only has the burden of proof on the elements of his claim and it is United Water that has to prove the alleged grounds for dismissal, wrote the judge.

The Court of Appeals remanded for the board to reconsider the motion to dismiss applying the correct burden of proof.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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