Showing posts from May, 2018

Indiana Worker's Compensation: Permanent Total Disability and Related Developments

Recent Developments in Indiana Worker's Compensation Law Involving Permanent Total Disability Benefits. The Indiana Court of Appeals addressed a worker's compensation case on appeal involving the denial of permanent total disability benefits to an injured worker. In Keith v. Indiana Bell, 6 N.E.3d 509 (Ind. Ct. App. 2014) an injured employee asserted a claim for permanent total disability (“PTD”) benefits. The Single Hearing Member found that the employee was not entitled to an award of PTD beneifts. In June 2013, the Full Board affirmed the Single Hearing Member and adopted the findings and denial of PTD with one member dissenting. The employee appealed the Full Board’s determination and the Court of Appeals affirmed. Injury Lawyer Nathaniel Hubley The Court noted to establish a total disability, an injured employee must prove that he cannot carry on reasonable types of employment. The reasonableness of the type of employment is determined by assessing the

The Role of Nurse Case Managers in Indiana Worker's Compensation Claims

Recent Update From the Indiana Worker's Compensation Board Regarding Nurse Case Managers.  The Indiana Worker's Compensation Board recently issued updated guidance to combat abusive conduct of nurse case managers in worker's compensation claims. 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 specifi

Indiana Worker's Compensation: Legislative Update

Indiana Worker's Compensation Changes The Indiana General Assembly passed House Bill 1320 which was signed by the Governor of Indiana. The worker's compensation legislation includes the following key provisions: • It limits the maximum reimbursement of repackaged drugs to the average wholesale price set by the original manufacturer for the drug. If the National Drug Code for the repackaged drug cannot be determined from the submitted billing or statement, the maximum reimbursement is the lowest cost generic for the drug. (See IC 22-3-3-4.5). • It restricts the payment to a medical service facility after June 30, 2014 to 200% of the Medicare rate or the amount negotiated by the employer, the employer's insurance carrier, a billing review service or a direct provider network on behalf of the employer or the employer's insurance carrier. (See IC 22-3-3-5.2 (b) and IC 22-3-6-1 (j)). • It defines “medical service facility” is defined as a hospital, a hospital