Workers' Compensation

Study committees to look at workers’ comp, criminal history

September 24, 2012
IL Staff
This week at the Statehouse, interim committees will discuss issues including criminal history, criminal sentences and workers’ compensation.
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Worker’s Compensation Act doesn’t give board ability to decide contract construction issue

September 4, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled that a Hamilton Superior Judge erred in granting an injured worker’s motion to dismiss a company’s action on whether it was liable to pay workers’ compensation to the injured man, who worked for another company.
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Appeals court: Worker entitled to pursue compensation after settlement

July 27, 2012
Dave Stafford
A worker injured in a traffic accident who received a settlement for a workers’ compensation claim in Wisconsin may proceed with a claim in Indiana, where the crash occurred, the Indiana Court of Appeals ruled.
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Judges send insurance case back to trial court

July 18, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the trial court’s grant of summary judgment in favor of an insurer in a dispute over whether it should pay a claim for underinsured motorist coverage.
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DTCI: Workers' comp caselaw reviews

July 18, 2012
From DTCI
Ann Stewart and Karen Dutcher write about workers' compensation rulings from the last six months.
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Court upholds finding woman isn't totally disabled

March 28, 2012
Jennifer Nelson
Because a woman failed to seek appellate review of the decision by the Worker’s Compensation Board of Indiana that she was not permanently and totally disabled, she waived any claim of error related to that decision, the Indiana Court of Appeals has ruled.
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Judges: injuries from crash on public road not covered

March 27, 2012
Michael Hoskins
The Indiana Court of Appeals has upheld a decision by the state worker’s compensation board that denied a security guard’s claim that a car accident on the way to work happened in the course of his employment and should be compensated.
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COA: Independent contractor's death already compensated

March 23, 2012
Michael Hoskins
The Indiana Court of Appeals has determined that the estate of an independent contractor who fell off a ladder and died was properly compensated through the state workers' compensation act, and the man’s estate cannot later claim that his injuries occurred outside the scope of employment.
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Poor credit may cost jobs

March 14, 2012
Jenny Montgomery
Opinions vary about whether employers should be able to check personal credit histories.
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Age discrimination inquiries increasing

March 14, 2012
Jenny Montgomery
Attorneys say more clients are asking about rights and laws.
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Judges uphold dismissal of suit filed after fall at work

March 8, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the trial court’s dismissal of a couple’s complaint for injuries and loss of consortium for subject matter jurisdiction, finding the woman’s injuries sustained while at her work fall squarely within the Indiana Worker’s Compensation Act.
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Appellate court upholds denial of palliative care

January 26, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed that a man is not entitled to ongoing palliative care because he failed to specify what treatment he believes he needs.
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Judges affirm worker's compensation board ruling

December 29, 2011
Michael Hoskins
The Full Worker’s Compensation Board of Indiana was correct in ordering a business to pay for an employee’s third surgery that resulted from an accident partially caused by a previous work-related injury.
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Justices rule on applicable statute of limitations

November 17, 2011
Jennifer Nelson
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.
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Court examines future medical care in workers' comp case

November 4, 2011
Michael Hoskins
The Indiana Court of Appeals ruled Friday that just because a worker injured on the job reaches the maximum amount of compensation allowed by state statute, that doesn’t mean that future care won’t be needed, and that may warrant additional payments in order to continue treating pain or injury from the underlying accident.
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DTCI: Recovery of workers' comp in third-party action

October 26, 2011
From DTCI
An overview of the statutory rights of an employer/carrier to recover on such liens is often a good refresher as many attorneys tend to overlook this important aspect when seeking to settle their liability case.
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Workers' comp cases question line between employer liability and employee responsibility

August 3, 2011
Jenny Montgomery
In June, the Superior Court of New Jersey, Appellate Division, affirmed the finding of a workers’ compensation judge who ruled that a man whose wife died of a pulmonary embolism while working from home was entitled to workers’ compensation survivor benefits. In Renner v. AT&T, No. A-2393-10T3, a doctor admitted that other factors – including obesity – may have been risk factors for developing the fatal blood clot.
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COA reverses worker's comp board on prescription drug denial

June 13, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed a finding by the state Worker’s Compensation Board that a woman’s employer isn’t responsible for providing a specific prescription drug to her, noting that the board only focused on one possible reason why the drug is prescribed.
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OSHA withdraws workplace noise rule interpretation after opposition

March 30, 2011
Michael Hoskins
When it comes to workplace injury, one often overlooked and potentially devastating injury is hearing loss resulting from high noise levels in a workplace.
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Judges reverse dismissal of workers' compensation claim

March 21, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a workers’ compensation claim, finding the worker’s deposition testimony didn’t support the Indiana Worker’s Compensation Board’s finding that he admitted his condition stemmed from a single incident.
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COA: Man has exhausted compensation benefits

January 31, 2011
Jennifer Nelson
An Indiana statute is ambiguous as to whether a person who has exhausted his actual worker’s compensation benefits prior to 500 weeks is eligible to receive benefits from the Second Injury Fund starting on the date of the exhaustion of the actual benefits, the Indiana Court of Appeals concluded today.
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Judges reverse dismissal of application to adjust claim

January 14, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed the decision by the full Worker’s Compensation Board that a medical services provider’s application for an adjustment of claim was barred by the two-year statute of limitations found in Indiana Code Section 22-3-3-3. The appellate court relied on a recent decision involving a similar scenario to make its ruling.
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Justices rule on case about worker's compensation, damages

May 27, 2010
Michael Hoskins
Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining punitive damage awards.
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Justices reaffirm precedent on worker's comp claims

April 16, 2010
Michael Hoskins
The Indiana Supreme Court has upheld a decision by the state Worker's Compensation Board dismissing an injured trucker's claim, finding the employee's settlement with a third-party driver voided whatever responsibility the company had on the issue.
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Company not bound by defiant agent's actions

March 26, 2010
Jennifer Nelson
A trial court erred in finding that a company was bound by its insurance agency's acts even though the agency acted against the company's wishes, the Indiana Court of Appeals ruled today.
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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

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