Prentoski v. Five Star Painting, Inc.

827 N.E.2d 98, 2005 Ind. App. LEXIS 794, 2005 WL 1119354
CourtIndiana Court of Appeals
DecidedMay 11, 2005
Docket93A02-0410-EX-815
StatusPublished
Cited by9 cases

This text of 827 N.E.2d 98 (Prentoski v. Five Star Painting, Inc.) 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
Prentoski v. Five Star Painting, Inc., 827 N.E.2d 98, 2005 Ind. App. LEXIS 794, 2005 WL 1119354 (Ind. Ct. App. 2005).

Opinions

OPINION

MATHIAS, J udge

Krste Prentoski ("Prentoski") filed an application for change of condition, which was dismissed by the Worker's Compensation Board ("the Board") after the Board determined that his application was filed outside the one-year statute of limitations established in Indiana Code section 22-3-3-27(c). Prentoski appeals and raises two issues which we reorder and restate as:

I. ' Whether the Board erred when it dismissed Prentoski's application because the single hearing member failed to hold a hearing on the motion to dismiss; and,
IL. Whether the Board erred when it dismissed Prentoski's application as untimely pursuant to Indiana Code section 22-3-38-27(c).

Concluding that Prentoski's due process rights were not violated when the single hearing member failed to hold a hearing on the motion to dismiss, and the Board properly dismissed Prentoski's application [100]*100pursuant to Indiana Code section 22-3-3-27(c), we affirm.

Facts and Procedural History

On March 27, 1997, Prentoski suffered an injury during the course and seope of his employment with Five Star Painting ("Five Star") when he fell twenty-five feet from scaffolding. As a result of the fall, Prentoski sustained injuries to his cervical spine, lumbar spine, left hip, left knee, left elbow, and left wrist. Prentoski filed an Application for Adjustment of Claim with the Board on October 16, 1997. Five Star paid temporary total disability benefits ("TTD benefits") to Prentoski from March 27, 1997, through December 18, 1998.

On March 23, 2000, a hearing was held on Prentoski's application. On April 6, 2000, the single hearing member found that Prentoski was not entitled to an award of TTD benefits because Prentoski reached a state of medical quiescence as of November 4, 1998, and Five Star paid TTD benefits to Prentoski from the date of the injury until December 18, 1998. Ap-pellee's App. p. 24. The hearing member also found that Prentoski suffered a permanent partial impairment ("PPI") of 14% of the individual as a whole, and therefore, Prentoski was entitled to an impairment rating award of $7800. Id. at 25. On April 10, 2000, Five Star's insurance carrier issued a check to Prentoski in the amount of $7800. Concluding that the terms and conditions of the April 6, 2000 award were satisfied, the hearing member dismissed Prentoski's worker's compensation claim with prejudice on April 20, 2000. Appellee's App. p. 41.

On June 12, 2000, Prentoski filed a see-ond Application for Adjustment of Claim requesting a hearing before the Board due to change of condition. On March 25, 2008, Five Star moved to dismiss Prento-ski's application on the grounds that his application was filed outside the one-year statute of limitations established in Indiana Code section 22-83-8-27(c). Pren-toski filed a memorandum in opposition to Five Star's motion on October 10, 2003, and Five Star filed a response on November 17, 2008. On May 10, 2004, the single hearing member issued an order dismissing Prentoski's application after finding that Prentoski was required to file his application within one year of December 18, 1998, the last date TTD benefits were paid. Appellee's App. pp. 61-62. The order was appealed to the full Board, and the Board held a hearing on Prentoski's application for review on August 30, 2004. The Board affirmed the single hearing member's decision on September 2, 2004. Appellant's App. pp. 8-9. Prentoski now appeals.1 Additional facts will be provided as necessary.

I. Hearing on Motion to Dismiss

Prentoski argues that the Board was required to hold a hearing on his application before granting Five Star's motion to dismiss, and its failure to do so violated his due process rights. In support of this argument he relies on Pedigo v. Miller, 175 Ind.App. 97, 369 N.E.2d 1100 (1977). In Pedigo, the claimant's application was dismissed because he failed to comply with the Board's order for physical examination and failed to properly prosecute his claim. Id. at 98, 369 N.E.2d at 1101. We reversed the Board's dismissal of the claimant's application and concluded in part:

We hold that under the statutes providing workmen's compensation, as those statutes are currently written, the Industrial Board must provide a dismissal hearing at which time any claimant may present evidence of his eligibility.
[101]*101There are two important policy reasons for such a hearing. First, without a hearing, it is doubtful whether the claimant has been afforded due process of law. Second, proceedings before the Industrial Board are not grounded in formality; and the Industrial Board is not bound by the rules of civil procedure. Therefore, a dismissal based upon procedural deficiencies is antithetical to the Industrial Board's inherent fact-finding, thus substantive, purpose. The dismissal of Pedigo's elaim did not even attempt to address the evidentiary basis of his claim.

Id. at 101, 369 N.E.2d at 1108.

The facts of this case are clearly distinguishable from those in Pedigo, The issue presented in this case is whether the Board has jurisdiction to hear Prentoski's application, and the facts relevant to this issue are undisputed. The Board concluded that it lacks such jurisdiction because the statute of limitations has expired. Consequently, unlike the claimant in Pedi-go, under the Board's ruling, Prentoski is not entitled to a hearing on the merits of his application. We also observe that although no hearing was held by the single hearing member on Five Star's motion to dismiss, the legal issue involved is very narrow and both parties submitted briefs to the hearing member. Moreover, on review of the hearing member's decision, a hearing was held before the full Board at which both parties presented arguments on Five Star's motion to dismiss. Appel-lee's App. p. 63. Under these facts and cireumstances, we conclude that Prento-ski's due process rights were not violated when the single hearing member failed to hold a hearing on Five Star's motion to dismiss.

II. Statute of Limitations

Prentoski also argues that the Board erred when it granted Five Star's motion to dismiss. Specifically, he asserts that he filed his application for increased partial impairment within one year of April 10, 2000, the date Five Star paid the PPI award, and therefore, his application was timely filed under Indiana Code section 22-3-3-27T(c). Five Star contends that Prentoski was required to file his application within one year of December 18, 1998, the last date TTD benefits were paid. In this case the facts are undisputed and the Board was presented with a pure question of law; therefore, our standard of review is de novo. See Stytle v. Angola Die Casting Co., 788 N.E.2d 316, 320 (Ind.Ct.App.2003); Halteman Swim Club v. Duguid, 757 N.E.2d 1017, 1020 (Ind.Ct.App.2001) ("When presented with an alleged error of law, our review is de novo.").

Indiana Code section 22-3-3-27 provides:

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Prentoski v. Five Star Painting, Inc.
827 N.E.2d 98 (Indiana Court of Appeals, 2005)

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