East Asiatic/Plumrose v. Ritchie

655 N.E.2d 87, 1995 Ind. App. LEXIS 1042, 1995 WL 509268
CourtIndiana Court of Appeals
DecidedAugust 30, 1995
Docket93A02-9503-EX-167
StatusPublished
Cited by4 cases

This text of 655 N.E.2d 87 (East Asiatic/Plumrose v. Ritchie) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
East Asiatic/Plumrose v. Ritchie, 655 N.E.2d 87, 1995 Ind. App. LEXIS 1042, 1995 WL 509268 (Ind. Ct. App. 1995).

Opinion

OPINION

RILEY, Judge.

STATEMENT OF THE CASE

Defendant-Appellant East Asiatic/Plum-rose ("Plumrose") appeals an award of benefits under the Workmen's Compensation Act ("the Act") to Plaintiff-Appellee David Rit-chie ("Ritchie").

We affirm in part, reverse in part, and remand.

ISSUES

Ritchie raises two issues for our review, which we restate as:

1. Whether the Worker's Compensation Board ("the Board") had jurisdiction to make an award.
*88 2. Whether the Board's award of total disability benefits was supported by specific findings of fact.

FACTS AND PROCEDURAL HISTORY

On July 6, 1988, Ritchie suffered an injury in an accident arising out of and in the course of his employment with Plumroge. The injury resulted when a pipe penetrated the roof of his mouth and the frontal lobe of his brain.

On July 25, 1988, Ritchie and Plumrose signed an "Agreement to Compensation" providing that Plumrose would pay temporary disability benefits ("TTD") to Ritchie. 1 These payments were to begin on July 14, 1988, and were to continue until "terminated in accordance with the Workmen's Compensation Law of the State of Indiana." The Worker's Compensation Board ("the Board") approved this agreement on September 20, 1988. TTD benefits were paid by Plumrose to Ritchie until April 16, 1990.

Ritchie's physician released him to return to work on April 16, 1990. Ritchie did return to work, but was admitted to a hospital on April 24, 1990, for treatment of depression and an impulse control disorder. After his discharge from the hospital on May 14, 1990, Ritchie did not return to work.

On July 17, 1990, Ritchie's treating physician concluded that Ritchie had reached a quiescent state. The physician stated that Ritchie had sustained permanent partial impairment of twenty percent of the whole man.

On October 11, 1990, Ritchie and Plumrose filed an "Agreement to Compensation Of Employee and Employer" that set forth a settlement of permanent partial impairment benefits ("PPI"). 2 The Board approved this agreement on October 25, 1990. Pursuant to the agreement, Plumrose paid Ritchie one hundred weeks of PPI benefits. The beginning date of the payments was July 6, 1988 and the ending date was June 21, 1990.

On May 4, 1992, Ritchie filed a Form 14 application for review of the award on the basis of changed conditions. The application alleged that since the date of the settlement Ritchie's disability and permanent partial impairment had increased and additional medical expenses had been incurred.

Plumrose filed an answer alleging that the Board lacked jurisdiction over the subject of the application. This issue was tried before a single hearing member of the Board. The single hearing member found that the Board did have jurisdiction to decide the merits of the application for change. The single hearing member later found that Ritchie was permanently and totally disabled and that he should receive total disability payments. On March 6, 1995, the Board adopted the ruling of the single hearing member. Plumrose now appeals the Board's ruling.

DISCUSSION AND DECISION

I. STATUTE OF LIMITATIONS

Plumrose contends that the Board erred in not dismissing Ritchie's Form 14 application. Plumrose cites to IND.CODE 22-3-8-27, which states:

(a) The power and jurisdiction of the [Board] over each case shall be continuing and from time to time it may, upon its own motion or upon the application of either party, on account of a change in conditions, make such modification or change in the award ending, lessening, continuing, or extending the payments previously awarded, either by agreement or upon hearing, as it may deem just, subject to the maximum and minimum provided for in I.C. 22-3-2 through 1.C. 22-8-6.
(b) Upon making any such change, the [Board] shall immediately send to each of the parties a copy of the modified award. No such modification shall affect the previous award as to any money paid thereunder.
(c) The [Board] shall not make any such modification upon its own motion nor shall any application therefore be filed by either party after the expiration of two (2) years *89 from the last day for which compensation was paid under the original award made either by agreement or upon hearing, except that applications for increased permanent partial impairment are barred unless filed within one (1) year from the last day for which compensation was paid.

Plumrose argues that the TTD award, which was paid through April 16, 1990, is the "original" award mentioned in subsection (c) of the statute. Plumrose contends that the PPI award, which was paid through June 21, 1990, was not part of the "original" award.

The difference between temporary disability, permanent disability, and permanent partial impairment was discussed by this court in White v. Woolery Stone Co. (1979), 181 Ind.App. 532, 396 N.E.2d 137, wherein we stated:

Temporary total disability [TTD] payments are intended to compensate an employee for the treatment period following a work-related injury, and during this treatment period it is relevant whether the injured workman has the ability to return to work of the same kind or character. If he does not have the ability to return to work of the same kind or character during the treatment period, he is temporarily totally disabled. This is to be compared with permanent total disability and permanent partial impairment which are determined, alternatively, when the work-related injury reaches a permanent and quiescent state, the treatment period ends, and the permanent injury can be assessed for compensation purposes.

396 N.E.2d at 139 (citations omitted). Once an injury reaches a permanent and quiescent state, an assessment may be made as to the extent of the permanent injury and the injured employee can be compensated. Duncam v. George Moser Leather Co. (1980), Ind.App., 408 N.E.2d 1332, 1337. If neither the employee or the employer appeals the award of permanent compensation, "it becomes a full and final determination of the condition of the injured worker at that time and of the employer's liability to pay, subject only to a petition for modification." Id. The award is not an adjudication as to the claimant's future condition, and the employee "may seek modification of the original award under Ind. Code 22-8-8-27. ..." Id.

In Bagwell v. Chrysler Corp. (1976), 168 Ind.App. 110, 341 N.E.2d 799, reh'g denied, similar to the present case, this court was asked to determine whether the employee's Form 14 should be dismissed. In that case, Bagwell received TTD benefits intermittently from September 28, 1965, until June 22, 1967.

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Bluebook (online)
655 N.E.2d 87, 1995 Ind. App. LEXIS 1042, 1995 WL 509268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/east-asiaticplumrose-v-ritchie-indctapp-1995.