Dial X-Automated Equipment v. Caskey

826 N.E.2d 642, 2005 Ind. LEXIS 403, 2005 WL 1027902
CourtIndiana Supreme Court
DecidedMay 4, 2005
Docket93S02-0401-EX-8
StatusPublished
Cited by7 cases

This text of 826 N.E.2d 642 (Dial X-Automated Equipment v. Caskey) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dial X-Automated Equipment v. Caskey, 826 N.E.2d 642, 2005 Ind. LEXIS 403, 2005 WL 1027902 (Ind. 2005).

Opinion

DICKSON, Justice.

The Indiana Worker’s Compensation Board found that Plaintiff Anthony Cas-key, a machinist employed by .defendant Dial-X Automated Equipment, was entitled to benefits under the Indiana Worker’s Compensation Act. Appealing the decision of the Board, Dial-X alleged various errors regarding the Board’s determinations of compensability and temporary total disability benefits. The Court of Appeals reversed in a memorandum opinion, and we granted transfer. 1

As a result of an alleged injury sustained while working for Dial-X on May 24, 1999, Caskey was initially off work a week and a half. He returned to work from June 7,1999, to July 27,1999, but has not worked for Dial-X since, although he reported for work on April 3, 2000. In accordance with the Act, Dial-X paid Cas-key Temporary Total Disability (TTD) and medical expense benefits to April 9, 2000. Due to the parties’ disagreement primarily regarding whether Caskey should receive further medical treatment and TTD benefits from Dial-X, a hearing was held in May 2001 before a single hearing member who issued findings and conclusions on July 17, 2001, awarding Caskey continuing *644 TTD benefits and expenses of additional medical care. Dial-X sought review of the award by the Full Worker’s Compensation Board, which thereafter expressly adopted and affirmed the decision of the single hearing member.

1. Full Board Adoption of Single Hearing Member Findings

Although not challenged on appeal by Dial-X, a majority of the Court of Appeals panel opined that, by adopting without comment the decision of the single hearing member, the decision of the full board was inconsistent with Indiana Code § 22-3-4-7. This provision of the Indiana Worker’s Compensation Act states in relevant part that the full board “shall make an award and file the same with the finding of the facts on which it is based.” 2 The Court of Appeals decision emphasized the need for written findings of fact to enable intelligent appellate review, and asserted that mere adoption of the single hearing member decision is not equivalent to explicit adoption of its findings of fact and conclusions of law.

We believe that the distinction between “adopting the decision” and “explicitly adopting the findings and conclusions” is overly formalistic and unnecessary. It is of no consequence whether the full board makes separate findings or adopts written findings made by the single hearing member so long as the final decision of the full board may be reviewed in light of the written findings on which the decision is based. Prior cases have recognized that'where a hearing officer’s statements or findings are supported by the evidence and embody the requisite specificity, the board “should not hesitate to adopt and incorporate by reference the hearing officer’s work,” 3 and that, assuming the appropriate scrutiny occurred, the board “is neither prohibited by statute from, nor judicially condemned for, adopting the hearing judge’s decision.” 4 In this case, the single hearing member made written findings and the full board found that the hearing officer’s decision “should be adopted.” 5 Such adoption is sufficient to attribute to the full board the explicit written findings of the single hearing member and to permit appellate review accordingly.

2. Compensability

Dial-X contends that the Board abused its discretion in ruling that Cas-key’s claimed injuries after July 27, 1999, are related to his May 24, 1999 accident and therefore compensable under the Act. Dial-X argues that the medical records “reflect contradictory stories” and “material discrepancies” regarding the severity and development of Caskey’s symptoms. 6

The Board’s findings note medical evidence that, based on an August 19, 1999 examination, “there was ‘reasonable medical certainty of causal relationship’ between the Plaintiffs injuries and the events of May 24, 1999.” 7 The findings also refer to evidence that on March 9, 2000, one of the physicians recommended the use of a spinal cord stimulator for Caskey and that this recommendation “was reiterated by various other doctors who examined and/or reviewed records of *645 the Plaintiffs history in connection with the symptoms arising on May 24, 1999.” 8

In reviewing a Board decision, an appellate court considers “only the evidence most favorable to the award, including any and all reasonable inferences deductible from the proven facts.” 9 Dial-X’s claim of inconsistent or contradictory evidence, because it impliedly concedes that there is some evidence in support of the Board’s findings, undermines its claim of abuse of discretion. We find that the Board’s conclusion of compensability is supported by its findings, which are in turn supported by the evidence. We decline to find error on this issue.

3. Temporary Total Disability

Dial-X argues that the Board erred in three ways with respect to the award of Temporary Total Disability (TTD) benefits: (a) in finding Caskey unable to work after February 8, 2000; (b) in ordering TTD benefits after April 3, 2000; and (c) in allowing Caskey to receive TTD benefits after June 20, 2000.

a. Finding Caskey Unable to Work After February 8, 2000

As to its claim of erroneous finding that Caskey was unable to work after February 8, 2000, Dial-X argues that the doctor released Caskey to light duty work effective that date, that the doctor’s findings were uncontroverted but ignored by the Board, that the doctor’s later opinion of continuing total disability is not based on any “medical information,” and that the Board’s holding is clearly erroneous because it is contrary to the undisputed evidence. 10 Central to this Dial-X claim are the following passages from the “Conclusions and Award” section of the Board’s decision:

2. On February 8, 2000, Dr. Shugart first opined Plaintiff could work with a five to ten pound restriction and no repetitive bending and twisting. He maintained this opinion up until April 6, 2000, when he recommended the Plaintiff go on disability. Between February and April, Plaintiffs symptoms had not significantly worsened, according to the medical history and reports provided. The undersigned [Single Hearing Member] thus concludes Plaintiff would have been unable to work between February 8th and April 6, 2000.
3. Plaintiffs condition has not improved since April 6, 2000. He remains temporarily, totally disabled to the date of hearing, and is entitled to benefits in connection therewith....
4.

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Bluebook (online)
826 N.E.2d 642, 2005 Ind. LEXIS 403, 2005 WL 1027902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dial-x-automated-equipment-v-caskey-ind-2005.