In a decision reported by the Indiana Court of Appeals on August 10, 2010, in the case of Indiana Spine Group, P.C. v. Pilot Travel Centers, LLC, the Indiana Court of Appeals addressed the problematic issue of how long a medical provider has to claim payment from an insurance company and/or injured worker. In this case, the Indiana Worker’s Compensation Board dismissed the provider’s claim for payment indicating that the claim for payment was filed too late. The Board felt like the medical provider had the same statute of limitation to file a claim for payment as an injured worker does. The Indiana Court of Appeals reversed and remanded and found that the legislature could not have intended such a result because in some cases it would give the medical provider literal or no time to file a claim, especially in the case where the provider furnished treatment close to or past the statute of limitation date. The Court ruled that the Motion to Dismiss should not have been granted and the provider kindly filed its claim. The Court also left for the legislature the ability to make a law specifically stating how long a provider has to file a claim.
Klezmer Maudlin represents worker's compensation clients throughout the state of Indiana with office locations in Indianapolis, Evansville and Fort Wayne, Indiana. If you have a question or would like a free case evaluation, complete the form below.
