Former Parkview Health employee says company ‘shortchanged’ workers of pay
The complaint says Parkview Health failed to pay some employees the required overtime rate because of a time-rounding policy that shortened their hours.
Workers' Compensation
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To mandate or not to mandate: Employers preparing for COVID-19 vaccine
While the pandemic continues to rage and pharmaceutical makers get closer to developing an effective vaccine, Americans’ willingness to get inoculated has slipped. Battles over the vaccination will probably spill into the workplace, and employers are already starting to consider policies and plans for ensuring their workers’ health along with making possible accommodations to those who object to getting the shots.
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O’Gallagher: The effect of termination on workers’ compensation
Masterbrand Cabinets v. Douglas Waid deals with an issue that comes up very often in Indiana workers’ compensation. It is a question for which there has not been clear legal standards, certainly before this decision, and arguably still currently.
COA reverses dismissal of workers’ comp claim adjustment, finding application was timely
The Worker’s Compensation Board of Indiana erred when it dismissed a Franciscan Health employee’s claim as untimely, the Court of Appeals of Indiana ruled Monday in reversing and remanding the board’s order.
7th Circuit affirms summary judgment for barge company on workers’ comp claim
A man injured while performing contract work for a barge company failed to convince the 7th Circuit Court of Appeals to overturn summary judgment for the company.
IN worker’s comp claim for KY employee was untimely, COA affirms
A man who didn’t file his worker’s compensation claim in Indiana until 2½ years after his accident is not entitled to benefits because his claim was not timely, the Court of Appeals of Indiana has affirmed.
DTCI: Legislature updates Indiana Worker’s Compensation Act
During the last legislative session, the Indiana Worker’s Compensation Act received several updates, most of which have taken effect. This article highlights the changes made to the act and the date the amendments are effective.
7th Circuit affirms for insurer who denied workers’ comp claim for Kentucky injury
An insurance company that wasn’t notified that a policy-holding subcontractor did work outside of Indiana has convinced the 7th Circuit Court of Appeals that it wasn’t required to cover a worker injured in Kentucky.
Crown Point workers’ comp attorney Jeffrey Sturm remembered fondly
Jeffrey S. Sturm, a workers’ compensation leader and attorney with George C. Patrick & Associates, PC, has died. He was 58.
COA: Injured construction worker was independent contractor, not employee
A construction worker injured in a building collapse was, in fact, an independent contractor, the Court of Appeals of Indiana has concluded, rejecting an earlier finding that the worker was actually an employee of the company he sued.
DTCI: Time Limitations and the Worker’s Compensation Act
Two recent cases, a Court of Appeals decision and an unappealed decision by the full Worker’s Compensation Board, illustrate the board’s method of applying statutes governing filing limitations.
Intentional misclassification of construction workers causing concern
Workers on construction sites across Indiana can be found nailing plywall from atop scaffolds, scaling roofs or painting newly built homes. But what isn’t evident is whether those workers are part of a shady trend construction industry experts say is a serious concern — payroll tax fraud.
Reversal: Worker’s Comp Board ruling adding defendants came too late
A worker injured in a fall as he replaced the roof of an antique mall outside Plainfield named the mall and its owner too late after finding the contractor he was working for lacked required worker’s compensation insurance, the Indiana Court of Appeals ruled Wednesday.
Injured worker’s unemployment benefits correctly denied, COA rules
A man who lost his job twice after being injured at work could not convince the Indiana Court of Appeals on Monday that he was wrongly denied unemployment benefits.
Man injured in fireworks blast loses appeal for worker’s comp benefits
A man injured by a fireworks explosion lost an appeal for worker’s compensation benefits, with the Indiana Court of Appeals finding his story explaining how the mishap occurred a bit too farfetched.
Amputation workers’ comp case remanded for recalculation
The Indiana Court of Appeals has reversed for a woman who alleged she is owed more in partial impairment benefits for an amputation on her hand than she was awarded by the Worker’s Compensation Board.
Third-party ex-employer not exempt from negligence suit, COA says
The Indiana Court of Appeals has reinstated a woman’s negligence claim against her former employer, concluding he was considered a third party in the suit and could therefore not be shielded.
Woman who severed finger on the job must seek redress via Worker’s Compensation Act
A woman whose finger was severed in an accident at an Elkhart County assembly plant must seek relief via the Indiana Worker’s Compensation Act after the Indiana Court of Appeals affirmed the dismissal of her negligence complaint against the company she worked for at the time of the injury.
COA: Lake County court overstepped in awarding fees in Illinois case
A Lake County court lacked jurisdiction to award nearly $2 million in attorney fees arising from a permanently injured man’s Illinois worker’s compensation case. The Indiana Court of Appeals on Wednesday vacated the judge’s order on fees entered in the man’s guardianship case.
Lower Indiana workers’ compensation rates take effect Jan. 1
The Indiana Department of Insurance says lower workers’ compensation rates paid by businesses will take effect Jan. 1. The agency said Wednesday the recently approved reduction averages 7.6 percent and will save businesses about $63 million.
Justices let wrongful death suit proceed against Munster Church
A wrongful death suit brought against a Munster church by the family of a babysitter who died at the home of the church’s pastors will proceed to trial after the Indiana Supreme Court denied transfer last week.