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. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  2. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  3. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  4. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...

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