ILNews

Justices: Act doesn't allow interest

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Interest may not be calculated on workers' compensation benefits, including past-due medical bills, because Indiana legislation doesn't expressly allow for it, the Indiana Supreme Court ruled today.

In Christopher R. Brown, D.D.S., Inc. v. Decatur County Memorial Hospital, No. 93S02-0711-EX-561, Dr. Christopher Brown appealed the decision by the full Workers' Compensation Board that he was not entitled to interest on past-due medical bills incurred from his treatment of a patient who was receiving workers' compensation benefits from Decatur County Memorial Hospital.

Indiana's Workers' Compensation Act doesn't address whether interest may be awarded on past-due benefits, so the Supreme Court looked to other jurisdictions' decisions on the matter. Some courts have held no interest is assessable on deferred payments without express authority from the legislature; others relied on their state's general-interest statutes.

The high court decided because the workers' compensation system is uniquely legislative in nature, appellate courts should be hesitant to apply provisions not expressly included in the statutory scheme, wrote Justice Robert Rucker.

"In plain terms, there is nothing in the Act that could be read to authorize an award of interest. If a policy consideration suggests that interest on worker's compensation awards should be allowed, then the legislature and not the courts should implement such a policy," he wrote.

The denial of Brown's request for interest doesn't violate Article I, Section 23 of the Indiana Constitution, as Brown argued. There is nothing in the Workers' Compensation Act that prohibits Brown from negotiating with the hospital to include a provision in his contract to accept injured workers under the act and charge interest on past-due bills, wrote Justice Rucker.

"The different treatment accorded Dr. Brown is reasonably related to differences between healthcare providers who provide medical services to patients covered by the Act and those not so covered. As a result Dr. Brown has failed to support his claim that his Equal Privileges rights have been violated," he wrote.
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. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

ADVERTISEMENT