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Man entitled to benefits for injuries sustained on the job

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Finding that a construction supervisor’s receipt of unemployment benefits didn’t preclude him from eligibility for temporary total disability benefits, the Indiana Court of Appeals affirmed a total award of more than $61,000 to the injured worker.

Christopher Collings was injured while at work for Platinum Construction Group when a wall fell on him during the framing of a house. He was initially given $3,180 in temporary total disability benefits. When he was released by his doctor to full duty, those benefits ended. But at that time, Platinum laid off its employees and closed its doors. Collings attempted to find work at other construction companies and tried to start his own company, but was unable to earn more than $1,200 due to pain from his injuries.

He filed for unemployment benefits and later sought a second opinion on his injuries, which led a doctor to rate his permanent partial impairment at 18 percent. That’s when Collings filed for an adjustment of claim with the Indiana Worker’s Compensation Board. A hearing member awarded him $35,526 in additional TTD benefits, plus 26,210 in PPI benefits. The full board affirmed.

Platinum argued in Platinum Construction Group, LLC v. Christopher Collings, 93A02-1210-EX-882, that Collings couldn’t receive additional TTD benefits because he received unemployment benefits.

“Simply put, Collings was unable to perform work of the same kind and character due to the injuries that he suffered while working for Platinum. As a result, he met the statutory requirements to receive TTD benefits. After Dr. Yergler released him to full duty, he attempted to perform construction work but was unsuccessful. At the same time, he was willing, able, and available to work in a capacity that was less physically taxing, as required by the unemployment compensation statute,” Judge Terry Crone wrote. “Because the Board credited Platinum for the sums that Collings had received as unemployment benefits, Collings did not receive a windfall. Thus, his benefits cannot be characterized as duplicative. Under these facts, the Board did not err in concluding that Collings’s receipt of unemployment benefits did not preclude him from eligibility for TTD benefits.”

Platinum also challenged the sufficiency of the board’s findings support its order awarding Collings money for PPI, but it appeared that the company was challenging the relative credibility of the physicians who examined Collings. The Court of Appeals reminded Platinum that it may not reweigh evidence or judge witness credibility.


 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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