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Wednesday, February 24, 2010

Ind. Decisions - Supreme Court issues one today

In Washington Township Fire Dept. v. Beltway Surgery Center, a 3-page, per curiam opinion, the Court writes:

The Court of Appeals held the employer, not the medical provider, has the burden of proving whether the charges for medical services provided to an employee exceed the employer's liability to pay under the Worker's Compensation Act (the "Act"). See Washington Twp. Fire Dep't v. Beltway Surgery Ctr., 911 N.E.2d 590 (Ind. Ct. App. [June 24,] 2009), reh'g denied. We agree and adopt the opinion of the Court of Appeals.[1] * * *

We grant transfer, adopt and incorporate by reference the opinion of the Court of Appeals pursuant to Indiana Appellate Rule 58(A)(1), and affirm the Board.
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[1] The Court of Appeals reached the same result in five unpublished decisions pending before this Court. Because we grant transfer in this case to express our agreement with the Court of Appeals, we find it unnecessary to grant transfer in the other decisions. Simultaneous with this opinion, we are denying transfer in Onward Fire Dep't v. Clarian Health Partners, No. 93A02-0811-EX-1007 (Ind. Ct. App. June 24, 2009); Adecco, Inc. v. Clarian Health Partners, No. 93A02-0811-EX-1008 (Ind. Ct. App. June 25, 2009); Morgan County Comm'rs v. Clarian Health Partners, No. 93A02-0811-EX-1009 (Ind. Ct. App. June 25, 2009); City of Michigan City v. Mem'l Hosp., No. 93A02-0811-EX-1010 (Ind. Ct. App. June 24, 2009); and Wayne Twp. Fire Dep't v. Beltway Surgery Ctr., No. 93A02-0811-EX-1011 (Ind. Ct. App. June 25, 2009).

Posted by Marcia Oddi on February 24, 2010 02:43 PM
Posted to Ind. Sup.Ct. Decisions