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Judges uphold workers’ comp claim for nurse

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The Indiana Court of Appeals has affirmed the Indiana Worker’s Compensation Board’s ruling in favor of a home health care registered nurse on her claim for workers' compensation. The judges rejected the company’s argument that the board’s decision was based on the defunct “positional risk doctrine.”

Kathleen Miecznikowski was visiting a patient at the patient’s home when she lost her footing and fell on the sidewalk, injuring her arm and hand. She filed an application for adjustment of claim with the board; a single hearing member denied the claim, but the full board reversed. It concluded that her injuries had arisen out of her employment with A Plus Home Health Care Inc. and that her fall “was a neutral risk and therefore compensable. There is no indication (Miecznikowski) had a personal condition that caused her to fall.”

In A Plus Home Health Care Incorporated v. Kathleen Miecznikowski, 93A02-1207-EX-558, A Plus contended that because the board concluded that Miecznikowski’s injuries arose from a neutral risk, the board’s conclusion is necessarily premised on the now-defunct positional risk doctrine described by the Indiana Supreme Court in Milledge v. The Oaks, 784 N.E.2d 926, 929 (Ind. 2003).

In that case, the justices imposed the positional risk doctrine to avoid placing claimants in the position of attempting to prove a negative – that the injury was not personal to the claimant. The Indiana General Assembly amended l.C. 23-3-2-2 in 2006 to say that the burden of proof is on the employee.

This amendment does not supersede the Supreme Court’s conclusion that neutral risks are compensable under the act, Judge Edward Najam wrote. Here, Miecznikowski presented evidence that her injuries weren’t the result of a mental illness or condition and therefore weren’t the result of a personal risk.

In light of the evidence, the judges agreed with the board’s conclusion that her fall was a neutral risk and therefore compensable.

“A Plus’s argument that this conclusion necessarily relies on the positional risk doctrine is incorrect. At all times, pursuant to the 2006 amendment to Indiana Code Section 23-3-2-2, Kathy bore the burden of proof on all elements of her claim. Kathy met her burden, unlike the claimant in Pavese (v. Cleaning Solutions, 894 N.E.2d 570, 576 (Ind. Ct. App. 2008)), when she testified that the cause of the fall was both not a personal risk and also was a neutral risk,” he wrote.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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