DTCI: Workers’ comp caselaw reviews
Ann Stewart and Karen Dutcher write about workers’ compensation rulings from the last six months.
Workers' Compensation
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.
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.
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.
Age discrimination inquiries increasing
Attorneys say more clients are asking about rights and laws.
Poor credit may cost jobs
Opinions vary about whether employers should be able to check personal credit histories.
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.
Appellate court upholds denial of palliative care
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.
Judges affirm worker’s compensation board ruling
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.
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.
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.
DTCI: Recovery of workers’ comp in third-party action
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.
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.
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.
OSHA withdraws workplace noise rule interpretation after opposition
When it comes to workplace injury, one often overlooked and potentially devastating injury is hearing loss resulting from high noise levels in a workplace.
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.
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.
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.
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.
Company not bound by defiant agent’s actions
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.