Justices rule on applicable statute of limitations

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The Indiana Supreme Court decided Thursday that the period within the general statute of limitations controls the limitation period when a medical provider may seek payment of outstanding bills for authorized treatment to an employer’s worker. The justices came to that conclusion after finding the Worker’s Compensation Act is silent on what the applicable limitation period is for this matter.

Pilot Travel Center’s employee Anthony Wetnight was injured at work in August 2003 and Pilot authorized Wetnight to receive medical treatment from Indiana Spine Group in July and October 2004. Pilot only made partial payments to the balance of Wetnight’s treatment, with the last payment coming in June 2008. ISG sought payment of the remaining balance in June 2009 by filing an application for adjustment of claim for provider’s fee with the Indiana Worker’s Compensation Board. Pilot argued that ISG filed the claim outside the statute of limitations in Indiana Code 22-3-3-27 listed under the Worker’s Compensation Act, and that it had to file the application within two years after the date Pilot last paid Wetnight compensation.

The full Worker’s Compensation Board affirmed the decision to dismiss ISG’s application. ISG appealed, and the Indiana Court of Appeals reversed, finding neither I.C. 22-3-3-3 or -27 in the Worker’s Compensation Act applied.

In Indiana Spine Group, PC v. Pilot Travel Centers, LLC, 93S02-1102-EX-90, the justices reversed the board’s decision, holding that I.C. 22-3-3-3 and -27 do not apply and therefore don’t bar ISG’s claim. Nothing in the Worker’s Compensation Act indicates that the time limitation on a health care provider’s claim for unpaid bills is connected to the time limitation on an employee’s claim for compensation, wrote Justice Robert Rucker. Section 27’s limitation is for modification of awards due to a “change in conditions,” and the two-year period begins to run on the last day for which compensation is paid to an injured employee. However, in the instant case, there are not changed conditions requiring modification to Wetnight’s award.

“The issue presented in ISG’s Application is the pecuniary liability of ISG and not whether the bills must be paid at all,” wrote Rucker. “Further, we agree with the observations from the Court of Appeals that the application of section 22-3-3-27 in ‘this context could lead to absurd results.’”

The justices found ISG’s claim to be timely under I.C. 34-11-1-2, the general statute of limitation, which says a cause of action that isn’t limited by another statute must be brought within 10 years. They remanded the cause for further proceedings. Based on their decision Thursday, Rucker noted that the justices have denied the pending transfer petitions of five other cases involving similar issues with ISG as a party.  


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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 ...

  5. Its a valid lawsuit. Since the civil war, States have no rights anyways. Get over it, people! You are all subjects now and merely "citizens of the world" anyways, with human rights and all that. Gov'nor knows that. This is just grandstanding to try and appease the red state troops still smarting over the "Gay rights" shoved down their unwilling throats. Gotta keep them "voting" in the kayfabe elections! After all, since nobody cares about the tens of millions of Mexicans here, what's a few Syrians going to do, anyways? Guess we'll find out! LOL