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CorVel Corporation v. Memorial Hospital of South Bend, et al.
No. 26A-EX-181
Appeal from the Full Worker’s Compensation Board of Indiana, Chairman Linda Peterson Hamilton. Memorial Hospital of South Bend sought adjustments for fees CorVel Corporation paid for treatment of its clients. CorVel filed motions to dismiss and compel arbitration based on an agreement with the Hospital, which the Board denied, asserting exclusive jurisdiction over worker’s compensation matters. On appeal, the court affirmed the Board’s ruling, determining that the arbitration provision did not clearly delegate arbitrability and that the dispute did not arise under the agreement as it pertained to the statutory fee schedule instead. Judge Kenworthy authored the opinion, with Judges Mathias and DeBoer concurring. Appellant attorneys: Daniel R. Kelley and Andrew D. Dettmer, Dinsmore & Shohl LLP, Indianapolis. Appellee attorney: Matthew L. Williams, Hardamon & Williams, Indianapolis.
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