Recent Developments In Indiana Worker's Compensation Law

Recent Developments In Indiana Worker's Compensation Law


When Temporary Total Disability Benefits are available to an injured worker who has been fired after sustaining the work-related injury.

Under the Indiana Worker's Compensation Act, employers would typically be able to deny an injured worker temporary total disability benefits if the employer had fired the injured worker for a reason unrelated to the work-related injury.

Fort Wayne Work Injury Attorney Nathaniel Hubley
Contact a Fort Wayne Indiana Work Injury Lawyer
For example, in many situations an injured worker would be off work undergoing treatment for the work-related injury and while doing so, would be receiving weekly temporary total disability benefits. These temporary total disabil
ity benefits are essentially wage replacement benefits paid out at two-thirds of the injured worker's average weekly wage. However, when the employer would fired the injured worker for say failing a drug screen or for some other reason, the employer would take the position that it no longer was obligated to pay the injured worker the ongoing temporary total disability benefits the injured worker had been receiving because the employment relationship had been terminated.

The Indiana Court of Appeals in the case Masterbrand Cabinets v. Waid, 72 N.E.2d 986 (Ind. Ct. App. 2017) addressed a similar situation where an injured worker had been receiving temporary total disability benefits but subsequently got fired for misconduct. The Indiana Court of Appeals held that the injured worker's termination for misconduct did not prevent him from receiving temporary total disability benefits.

Fort Wayne Indiana Work Injury Lawyer Nathaniel Hubley
In the underlying case, the worker's compensation judge determined that in the context of determining an injured worker's entitlement to temporary total disability, the Board is not required (nor is it empowered) to make determinations of the justness of the termination or the level of misconduct of the injured worker. Instead, the Board must merely determine whether the injuries sustained at work produced an inability, total or partial, to work. The worker's compensation judge noted that the injured worker was limited in his ability to work that resulted in the confrontation which ultimately led to his termination and that the injured worker retained only a very limited capacity to work.

In sum, the Masterbrand Cabinets v. Waid case seems to favor injured workers whose wage replacement benefits also known as temporary total disability benefits have been cut off due to termination of employment. If you have been involved in a work-related injury contact an Indiana Worker's Compensation Attorney for free legal advice.
Location: Fort Wayne, IN, USA

Popular posts from this blog

Recent changes to the Indiana Worker's Compensation Board's policy regarding nurse case managers

Image
In some worker's compensation claims it is not uncommon for the worker's compensation insurance company to retain a nurse case manager to oversee the injured worker's medical treatment. Essentially, a nurse case manager acts as the worker's compensation insurance company's claim adjuster's eyes and ears on the ground. On April 17, 2018, the Indiana Worker's Compensation Board issued an update regarding its nurse case manager guidelines . According to the Indiana Worker's Compensation Board, "ideally, a nurse case manager is a liaison among the medical provider, the employer and the injured worker.  While not an indispensable player in the Indiana worker’s compensation process or specifically governed by the Worker’s Compensation Act, the nurse case manager can play an integral role in the coordination of medical treatment and the stay-at-work/return-to-work process." In its updated guidelines, the Indiana Worker's Compensation Lawyer
Read more
Image
In the 2011-2012 Session of the Indiana General Assembly, Public Law 69-2012 was passed allowing D felons to reduce their past mistakes and have them entered as Class A Misdemeanors.  ( See  new I.C. s 35-50-2-7). In order to reduce a Class D Felony conviction and have it entered as a Class A Misdemeanor: 1.  The offense cannot be of a sexual or violent nature (as defined in I.C. 11-8-8-5); 2.  The offense did not result in bodily injury to another person; 3.  The offense did not involve perjury or official misconduct. 4.  At least three (3) years must have passed since the sentence was completed (if any); 5.  At least three (3) years must have passed since any other obligations were satisfied; and 6.  The defendant has no pending criminal charges. If you meet these criteria and would like to have your Class D Felony conviction reduced to a Class A Misdemeanor in Indiana    Attorney Fort Wayne Indiana .  
Read more

The Four Stages of the Social Security Disability Process

Image
When filing for Social Security Disability benefits, it is important to know what you are dealing with and how the disability process works. Specifically, there are four stages in the disability process. The first stage involves filing an application for Social Security Disability benefits, completing the initial interview at the Field Office, undergoing the medical evaluation, and receiving a decision from Social Security regarding your application. If Social Security denies the application, then you will receive a letter indicating as such and informing you of your rights to appeal the denial decision. When you appeal the denial, the Field Office will review the medical evidence and evidence in the record and either confirm or reverse its decision. If Social Security confirms the decision, it will send a letter to that affect and inform you of your rights to appeal to the Hearing Office for a hearing in front of an Administrative Law Judge. The first two stages are conducted by
Read more