R.M. v. Second Injury Fund

943 N.E.2d 811, 2011 Ind. App. LEXIS 103, 2011 WL 288253
CourtIndiana Court of Appeals
DecidedJanuary 31, 2011
DocketNo. 93A02-1007-EX-792
StatusPublished

This text of 943 N.E.2d 811 (R.M. v. Second Injury Fund) 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
R.M. v. Second Injury Fund, 943 N.E.2d 811, 2011 Ind. App. LEXIS 103, 2011 WL 288253 (Ind. Ct. App. 2011).

Opinion

OPINION

BRADFORD, Judge.

Appellant/Plaintiff R.M. appeals from a June 24, 2010 order of the Full Worker’s Compensation Board (the “Board”), in which the Board determined that R.M. is entitled to receive benefits from the Second Injury Fund beginning with the 501st week after the date of R.M.’s workplace [813]*813injury. Specifically, R.M. claims that the Board’s determination is erroneous because he should have been considered eligible to receive benefits from the Second Injury Fund beginning with the 265th week after the date of his workplace injury. We reverse.

FACTS AND PROCEDURAL HISTORY

The Indiana Supreme Court’s opinion in R.M.’s prior appeal instructs us as to the underlying facts leading to this appeal:

In November 1999, [R.M.] was injured in a workplace accident arising out of and in the course of his employment with [Employer] when his arms were pulled into a conveyor belt he was cleaning. [R.M.] instituted a third party lawsuit against Federal Express Corporation and two other defendants (collectively “Fed Ex”) that [R.M.] believed were liable for his injuries. This lawsuit resulted in a confidential settlement.
[R.M.] and [Employer] thereafter submitted to the [Board] a document titled “Agreed Statement of Facts,” which reflected that [R.M.] and Fed Ex settled the third party case for an undisclosed amount of money and that as a condition of the settlement [Employer] would continue paying [R.M.] all statutory worker’s compensation benefits. A member of the Board issued a signed document stating that “[t]he foregoing Agreed Statement of Facts is HEREBY APPROVED and made a part of the record.”
[Employer’s] worker’s compensation insurance carrier, Reliance Insurance Company, furnished [R.M.] with medical and temporary total disability benefits until Reliance became insolvent. Following Reliance’s bankruptcy, the Indiana Guaranty Fund provided [R.M.] with medical and temporary total disability benefits until it reached the maximum $100,000 in benefits payable by the Indiana Guaranty Fund. [Employer] then began providing [R.M.] with medical and temporary total disability benefits until October 2004 when [Employer] filed bankruptcy.
In November 2004, [R.M.] filed a petition for entry into the Second Injury Fund, and in April 2006, he filed a submission in support of his petition. A single hearing member issued a decision denying [R.M.’s] claim, stating that
although [R.M.] is deemed to be permanently and totally disabled and has exhausted his maximum benefit under I.C. 22-3-3-18(g),
[R.M.] then applied for review by the full board. After a hearing, the full board approved the single hearing member’s decision by a vote of 4-3. The Court of Appeals affirmed the board, holding that the Second Injury Fund is not available to compensate an employee where an employee previously settled his claim with a third party, that employees maintain the burden of proof to [814]*814show that compensation from the Second Injury Fund would not result in double recovery, and that [R.M.] failed to fulfill this burden. Mayes v. Second Injury Fund, 873 N.E.2d 136 (Ind.Ct.App.2007), vacated.

Mayes v. Second Injury Fund, 888 N.E.2d 773, 774-75 (Ind.2008) (internal record citations omitted). The Indiana Supreme Court granted transfer and concluded that R.M. is entitled to receive benefits from the Second Injury Fund. Id. at 778.

On January 20, 2010, a single member of the Board issued a decision in which he determined that R.M. should receive benefits from the Second Injury Fund beginning with the 501st week after the date of R.M.’s workplace injury. R.M. requested review of the single member’s decision by the full Board on January 25, 2010. The full Board affirmed and clarified the decision of the single member on June 24, 2010. The Board determined that R.M. “is deemed to have exhausted the compensation payable under the Act, and the administrator of the Fund is directed to determine the weekly amount that would be payable to [R.M.] for a period of 150 weeks, commencing with the 501st week after [R.M.’s] date of injury.” Appellant’s App. p. 11.

DISCUSSION AND DECISION

On appeal, R.M. challenges the Board’s determination that he is entitled to receive benefits from the Second Injury Fund beginning with the 501st week after the date of his workplace injury. Specifically, R.M. claims that he has effectively exhausted his benefits available under the Indiana Worker’s Compensation Statute, and, as a result, should be entitled to receive benefits from the Second Injury Fund beginning with the week following his effective exhaustion of his worker’s compensation benefits. We agree.

On appeal, we review a decision of the Board only to determine whether substantial evidence, together with any reasonable inferences that flow from such evidence, support the Board’s findings and conclusions. Walker v. State, Muscatatuck State Dev. Ctr., 694 N.E.2d 258, 266 (Ind.1998). We do not reweigh the evidence or judge the credibility of witnesses. Id. We are bound by the factual determination of the Board and may not disturb them unless the evidence is undisputed and leads inescapably to a contrary conclusion. U.S. Steel Corp. v. Spencer, 655 N.E.2d 1243, 1246 (Ind.Ct.App.1995), trans. denied.

Bowles v. Second Injury Fund, 827 N.E.2d 142, 146 (Ind.Ct.App.2005), trans. denied.

As to the Board’s interpretation of the law, an appellate court employs a deferential standard of review to the interpretation of a statute by an administrative agency charged with its enforcement in light of its expertise in the given area.’ Christopher R. Brown, D.D.S, Inc. v. Decatur County Mem’l Hosp., 892 N.E.2d 642, 646 (Ind.2008). ‘An interpretation of a statute by an administrative agency charged with the duty of enforcing the statute is entitled to great weight, unless this interpretation would be inconsistent with the statute itself.’ LTV Steel Co. v. Griffin, 730 N.E.2d 1251, 1257 (Ind.2000).

E. Alliance Ins. Grp. v. Howell, 929 N.E.2d 922, 926 (Ind.Ct.App.2010).

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Related

Mayes v. Second Injury Fund
888 N.E.2d 773 (Indiana Supreme Court, 2008)
LTV Steel Co. v. Griffin
730 N.E.2d 1251 (Indiana Supreme Court, 2000)
United States Steel Corp. v. Spencer
655 N.E.2d 1243 (Indiana Court of Appeals, 1995)
Bowles v. Second Injury Fund
827 N.E.2d 142 (Indiana Court of Appeals, 2005)
Mayes v. Second Injury Fund
873 N.E.2d 136 (Indiana Court of Appeals, 2007)
Nieto v. Kezy
846 N.E.2d 327 (Indiana Court of Appeals, 2006)
Eastern Alliance Insurance Group v. Howell
929 N.E.2d 922 (Indiana Court of Appeals, 2010)
Walker v. State, Muscatatuck State Development Center
694 N.E.2d 258 (Indiana Supreme Court, 1998)

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Bluebook (online)
943 N.E.2d 811, 2011 Ind. App. LEXIS 103, 2011 WL 288253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rm-v-second-injury-fund-indctapp-2011.