Fort Wayne Injury and Disability Attorney Nathaniel Hubley

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...

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. 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 p...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley Case Analysis: Everett Cash Mutual Ins. Co. v. Taylor, 926 N.E.2d 1008 (Ind. 2010). Facts of Case:   The Taylors are farmers who employed an independent contractor to paint a house, grain bin, and barn on their premises.  An employee of the independent contractor sustained injuries when he was shocked by an electrical wire and fell from a ladder.  The employee filed a workers compensation claim against his employer, but he ultimately learned that his employer did not possess workers compensation insurance.  He thus sought payment from the Taylors pursuant to I.C. § 22-3-2-14(b), which imposes liability on a person who hires a contractor without verifying that the contractor carries workers compensation insurance.  The Taylors had failed to verify this information from the independent contractor. Prior to this incident, the Taylors had purchased a farm personal lia...

Case:   Morehead v. Deitrich,  932 N.E.2d 1272 (Ind.Ct.App. 2010). Facts of Case :    Deitrich owned a single family residence in Logansport, and rented the residence to Sanders, who owned a pit bull.   Even though the lease agreement provided that there were to be no pets owned by the tenants, Deitrich made an exception even though he admitted he knew of the dangerous and vicious propensities of the pit bull.   Morehead was delivering mail and after placing mail in the residence’s mailbox, she heard the dog and was ultimately bitten by the pit bull, sustaining injuries.   She filed her Complaint against Deitrich for personal injuries, and Deitrich filed a motion for summary judgment, contending that since he did not retain any control over the property, he owed no duty to Morehead.   The trial court granted summary judgment for the landlord, and Morehead filed a Motion to Correct Error, which was denied by the trial court. Issue : ...