Articles

Court upholds finding woman isn’t totally disabled

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

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

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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Judges uphold dismissal of suit filed after fall at work

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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Justices rule on applicable statute of limitations

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

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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Workers’ comp cases question line between employer liability and employee responsibility

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

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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Judges reverse dismissal of workers’ compensation claim

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

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

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

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

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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