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Thursday, August 06, 2009
Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)
For publication opinions today (1):
In PS2, LLC, D/B/A Boston's Gourmet Pizza v. Adam Childers , an 18-page opinion, Judge Darden writes:
PS2 LLC d/b/a Boston’s Gourmet Pizza (“Boston”) appeals the order of the Worker’s Compensation Board (“the Board”) holding that Adam Childers was entitled to receive a certain secondary medical treatment and the continued payment of temporary total disability benefits. We affirm.NFP civil opinions today (2):ISSUES: 1. Whether the Board erred when it held that Childers was “entitled to receive secondary medical treatment, including surgery, for weight reduction as a precursor to his primary entitlement to back surgery to directly repair the result of his work-related accident.” 2. Whether the Board erred when it held that Childers was entitled to receive temporary total disability benefits “while preparing for, undergoing and recovering from both his secondary and primary surgeries to treat his work-related injury, until such time as [his] injury shall become quiescent and be determined to be in a state of maximum medical improvement.” * * *
Thus, evidence supports the Board’s conclusion of the requisite causal relationship between Childers’ work-related injury and the need for lap band treatment. Estey Piano Corp., 329 N.E.2d at 243. As in Four Star Fabricators, 638 N.E.2d at 794, evidence supports the Board’s conclusion that Childers met his burden of proof in establishing that his weight at the time of the injury, the blow to his lower back, and the immobility resulting from the injury resulted in an overweight condition with back pain -- i.e., “a single injury” -- which required the lap band procedure. Further, consistent with Outlaw, Childers’ weight at the time of the injury made him “more susceptible” to the immobilization that resulted from his workplace back injury, thereby requiring the lap band procedure as part of the necessary treatment for that injury. 742 N.E.2d at 542.
Buckhead Realty, et al v. Jeffersonville Board of Zoning Appeals, et al (NFP) - "Based on the foregoing, we hold that trial court properly affirmed the BZA’s grant of a developmental standards variance as Buckhead and Rocky’s did not have standing to challenge the BZA’s decision."
NFP civil opinions today (7):
Vernell Brock v. State of Indiana (NFP)
Christopher P. Tanas v. State of Indiana (NFP)
Michael Q. Blair v. State of Indiana (NFP)
Charles Moore, Jr. v. State of Indiana (NFP)
Michael J. Orr v. State of Indiana (NFP)
Michael Achenbach v. State of Indiana (NFP)
William Young v. State of Indiana (NFP)
Posted by Marcia Oddi on August 6, 2009 12:29 PM
Posted to Ind. App.Ct. Decisions