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Friday, November 04, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 4 NFP)

For publication opinions today (1):

In Randall Perkins v. Jayco, Inc., an 11-page opinion, Judge Najam writes:

Randall Perkins appeals the decision of the full Worker's Compensation Board (the “Board”) affirming the decision of a single hearing member, who had concluded that Perkins' employer, Jayco, Inc. (“Jayco”), is not responsible for providing palliative care to Perkins. * * *

The Board erred when it concluded that a finding that Perkins has reached MMI allows for an inference that future treatment is not needed. But that error is harmless because other findings support the Board's decision denying Perkins' Adjustment of Claim. Specifically, Dr. Reecer's report supports the finding that the future medical treatment Perkins' requests is not causally related to his December 2003 work injury. Perkins' arguments to the contrary go to the weight of the evidence, which is not subject to review on appeal. Thus, we affirm the finding in paragraph 4. And because the Board found that the treatment requested is unrelated to the compensable injury, we must conclude that the Board did not err when it denied Perkins' request for palliative care. We affirm.

NFP civil opinions today (2):

Anna Godby v. Syliva M. Groce (NFP)

Dr. Kurt Kessler, M.D. v. Memorial Hospital and Health Care Center, a/k/a Little Companyof Mary Hospital of Indiana, Inc., and Dr. Joseph Munning, M.D., et al. (NFP)

NFP criminal opinions today (2):

Johnathon Chandler v. State of Indiana (NFP)

Gary L. Green v. State of Indiana (NFP)

Posted by Marcia Oddi on November 4, 2011 10:36 AM
Posted to Ind. App.Ct. Decisions