Haste v. Radio Corp. of America

257 N.E.2d 313, 146 Ind. App. 528, 1970 Ind. App. LEXIS 462
CourtIndiana Court of Appeals
DecidedApril 23, 1970
DocketNo. 669A114
StatusPublished

This text of 257 N.E.2d 313 (Haste v. Radio Corp. of America) 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
Haste v. Radio Corp. of America, 257 N.E.2d 313, 146 Ind. App. 528, 1970 Ind. App. LEXIS 462 (Ind. Ct. App. 1970).

Opinion

Lowdermilk, C.J.

This is an appeal from the award of the full Industrial Board of Indiana, made and entered June 5, 1969, arising out of a hearing and review on the 11th day of February, 1969, on appellee’s Form 16 Application, together with appellant’s Form 16 Application for the review of an award by a single member on November 19, 1968. The award was up on the hearing on the application of appellant for review on account of a change of conditions filed March 20, 1968, requesting a review of the award of the Industrial Board of December 16,1967.

Both appellee and appellant filed their respective applications praying that the full Board review the award as to compensation made in the cause on November 19, 1968. The grounds were that the award was not sustained by sufficient evidence and was contrary to law.

Appellant’s assignment of errors is that the award of the full Industrial Board, entered June 5, 1969, is contrary to law.

Under the assignment of error, appellant contends that the specific issue before this court was that the full Board erred in its ruling on the appellee’s objection to the medical report of Dr. Lasich, dated August 19, 1968, and offered into evidence by appellant in lieu of the doctor’s personally appearing at the hearing on October 24,1968.

The hearing member overruled the objection and admitted Dr. Lasich’s letter into evidence.

On the hearing before the full Board on February 11, 1969, appellee renewed its objection to the admission of Dr. Lasich’s report and the full Board sustained the objection and made a finding there was a change in conditions that resulted in an increase of impairment, as a result thereof, and entered the following order:

[530]*530“* * * That on September 14, 1966-, the plaintiff herein was in the employ of the defendant, at an average weekly wage in excess of the maximum; that on said date the plaintiff sustained a personal injury by reason of an accident arising out of and in the course of his employment with the defendant. That said injury was in the nature of an injury to plaintiff’s back.
“That plaintiff filed his Form 9 application for the adjustment of claim for compensation of September 13, 1967, and was awarded a 10 per cent permanent partial impairment to the man as a whole by the Industrial Board of Indiana, on December 16,1967.
“It is further found that thereafter, pursuant to a disagreement between the parties, plaintiff filed his Form 14 application with the Industrial Board of Indiana for an increase in permanent partial impairment.
“It is further found that plaintiff’s condition, as a result of said accidental injury of September 14, 1966, has now reached a permanent and quiescent state, and that plaintiff now has a permanent partial impairment of 15% of the man as a whole of which 10% is attributable to his condition on December 16, 1967, and that there is an increase of 5% permanent partial impairment to the man as a whole.
“Said Full Industrial Board of Indiana now finds for the plaintiff and against the defendant upon the plaintiff’s form 14 application.
AWARD
“IT IS, THEREFORE, CONSIDERED, AWARDED AND ADJUDGED by the Full Industrial Board of Indiana that the plaintiff shall have and recover from the defendant, compensation at the rate of $45.00 per week for a period of 25 weeks, beginning September 14, 1966, for his 5% increase of permanent partial impairment to the man as a whole.

The sole point of error urged by appellant is that the full Industrial Board of Indiana erred in sustaining appellee’s objection to the admission of the medical report of Dr. Lasich into evidence, as set out in the award, and thus the award of the full Board is contrary to law.

Dr. Lasich’s report is in the words and figures as follows, to-wit:

[531]*531“Mr. Paul Hirsch “August 19, 1968

Attorney at Law Room 806

Merchants Bank Building Indianapolis, Indiana

“RE: James O. Haste

Office Number: 8748

“Dear Mr. Hirsch:

“I saw Mr. Haste, a 24 year old male in this office on August 15 on referral from Dr. Herman Hoffman for an impairment evaluation to his back. The patient requested I send this report to you.

“He gives a history of having been employed at the R.C.A. Company for four years as a fireman prior to his injury which occurred on January 29, 1967. In his job as a fireman it required that he pull a heel plug out of a boiler which apparently was a hole for an ash blower. He states that some water had seeped around the pipe and had solidified the ash and this required him to give a good solid jerk to remove the plug on this particular occasion. With his strain pull effort he states he had a sudden episode of pain in his back which seemed to knock him out. He dropped to his knees with loss of control of his limbs momentarily. He was then sent to Methodist Hospital where apparently x-ray studies were made and was referred to Dr. John Suelzer, a local orthopedic surgeon. He was off work for a period of four to five days and tried to return to work, but could not continue. He had recurrent progressive pattern of discomfort and developed radiating symptoms into his right lower extremity.

“About three months after his injury he was admitted to Winona Hospital where he was placed in traction. Myelog-raphy was done. He has had an electromyogram done on two occasions. He states that in the course of this period he developed some numbness in his right leg, pain into the posterior calf and thigh and into the foot. His employment at the R.C.A. company was terminated in September, 1967. The patient has not worked since that time. Surgery has been suggested to him, but he is rather fearful of the result.

“His present symptoms appear to be moderate in nature and rather persistent. He indicates that he is unable to twist, turn, bend or lift. He wears a back support at all times and still continues with pain and occasionally with [532]*532coughing and sneezing. He still has the residual numbness in the right lower extremity.

“Otherwise, the patient is in good health.

“Examination of the patient shows some flattening of his back with some limited bending, circumferentially in all planes. Pain is elicited in the right leg especially with right lateral flexion. The leg lengths are of equal length. There is some weakness of the right extensor hallicus longus. There is some numbness in the right leg along the outer border of the foot and calf. There is a mild sciatic stretch sign present and the right ankle jerk is depressed somewhat compared to the left. The patient shows tenderness in the lumbosacral level.

“No x-ray studies were made on this occasion, but an x-ray had previously been made on the patient at Dr. Beeler’s office in this building and on talking- to Dr. Beeler about this apparently the patient does have a grade I spon-dylolisthesis at the lumbosacral level.

“It would appear that the patient does have a congenital problem at the lumbosacral level which he indicates is totally symptomatic prior to this episode of injury and though it would be considered an ag-gravation of a preexisting condition the patient nonetheless does have an acute problem at this time.

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Cite This Page — Counsel Stack

Bluebook (online)
257 N.E.2d 313, 146 Ind. App. 528, 1970 Ind. App. LEXIS 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haste-v-radio-corp-of-america-indctapp-1970.