DiAnn Griffith v. Shelby Eastern Schools (mem. dec.)
93A02-1705-EX-1115
| Ind. Ct. App. | Sep 8, 2017Background
- DiAnn Griffith, a custodian for Shelby Eastern Schools (SES), filed workers’ compensation claims for shoulder and neck injuries from incidents on June 4 and June 12, 2012.
- Medical workup showed bilateral rotator cuff tears; right shoulder surgery (Oct 9, 2012) and two left shoulder surgeries (Mar 14, 2013; Oct 17, 2013) were performed; cervical degenerative changes treated non-surgically.
- SES paid temporary total disability (TTD) benefits totaling $30,206.16 and provided medical care through what the parties characterized as a release at maximum medical improvement (MMI) on April 9, 2014.
- Board-appointed IME Dr. Kevin Julian concluded the right rotator cuff tear was work-related, the left rotator cuff tear preexisted (not caused by shaking a mop), and the cervical condition was preexisting and not caused by the work accidents.
- The Board found Griffith temporarily totally disabled through April 26, 2013, awarded $2,100 in permanent partial impairment (PPI) for a 3% upper-extremity impairment of the right shoulder, and denied PPI for the left shoulder, PTD, future medical expenses, and related attorney’s fees.
- Griffith appealed; the Full Worker’s Compensation Board affirmed, and the Court of Appeals affirmed the Board’s decision, applying the claimant’s burden to prove causation and entitlement to benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to additional TTD benefits period | Griffith argued TTD should continue through April 9, 2014 (party stipulation to MMI). | SES argued TTD ends when work-related injury reached MMI (right shoulder on April 26, 2013) because other conditions were not work-related. | Held: TTD ended April 26, 2013; stipulation of MMI date did not establish all alleged injuries were work-related. |
| Entitlement to additional PPI for left shoulder | Griffith argued left rotator cuff tear was work-related and warranted PPI beyond the $2,100 for right shoulder. | SES relied on Dr. Julian and other opinions that left tear preexisted and was not caused by shaking a mop. | Held: Board’s acceptance of IME causation opinion supported denial of PPI for left shoulder; only 3% UE impairment for right shoulder awarded ($2,100). |
| Entitlement to PTD benefits | Griffith argued combined impairments and functional limitations rendered her permanently totally disabled. | SES pointed to multiple unrelated medical conditions and the Board/IME opinions limiting work-related impairment. | Held: Denied PTD; claimant failed to prove disability was due to work injuries rather than unrelated conditions. |
| Responsibility for future medical expenses & attorney’s fees | Griffith sought future medical care and attorney’s fee award tied to that relief. | SES relied on IME finding no further work-related medical treatment needed. | Held: Denied future medical treatment and related attorney’s fees per persuasive IME opinion. |
| Causation of cervical/neurological symptoms (headaches, memory, dizziness) | Griffith attributed neck, headaches, memory and dizziness to work accidents and sought benefits. | SES and IME maintained cervical condition was preexisting and symptoms were not shown to be work-related. | Held: Claimant failed to prove neck and associated symptoms were work-related; Board permissibly credited IME. |
Key Cases Cited
- Waters v. Ind. State Univ., 953 N.E.2d 1108 (Ind. Ct. App. 2011) (standards for "arising out of and in the course of" employment and appellate review of Board findings)
- Smith v. Bob Evans Farms, Inc., 754 N.E.2d 18 (Ind. Ct. App. 2001) (claimant bears burden to prove entitlement to compensation)
- In re L.C., 23 N.E.3d 37 (Ind. Ct. App. 2015) (factfinders may disbelieve uncontradicted testimony)
- Thompson v. State, 804 N.E.2d 1146 (Ind. 2004) (general rule regarding credibility determinations by factfinders)