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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. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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