NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
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Memorandum Decision Only Indiana Court of Appeals
David Vass v. Barklay Purkans, LLC 23A-EX-2090
Although a memorandum-only decision, this Indiana Court of Appeals case supported medical treatment following a finding of maximum medical improvement and PPI award by the Board, but held fast to the Board’s decision plaintiff was not temporarily totally disabled during the ongoing treatment, which took place over several years.
This case had a long history following a compensable worker’s compensation injury occurring in 2014. The original knee injury resulted in a total knee replacement. However, plaintiff had ongoing complaints of pain, contending he was unable to work for that reason, despite having been released to full duty work by the treating physician and by a subsequent IME physician. Examinations were normal and physicians could identify no medical reason plaintiff could not work. As a result, he had no medical evidence taking him off work, despite continuing medical attention. In a 2018 decision the Single Hearing Member found claimant was at MMI in 2017, was not entitled to additional TTD benefits, assigned a 31% PPI of his right leg and retained jurisdiction over the matter.
In subsequent appearances, the judge issued an order requiring plaintiff to participate in an FCE, his refusal to attend the FCE previously recommended. Eventually, the treating physician began a course of conservative treatment for IT Band syndrome with a later recommendation the plaintiff have IT band surgery, which was done in 2023. Following an additional hearing the judge concluded the ITB surgery was necessary to limit or reduce the 31% PPI, which is allowed under the Indiana Worker’s Compensation Act following a PPI award, and denied plaintiff’s request for additional TTD based on its conclusion he had reached MMI in 2017.
The Court of Appeals upheld the decision of the
Indiana Board, supporting appropriate post MMI/PPI palliative medical care and
supporting no TTD owed following that finding given the consistent medical
opinions plaintiff could work.