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Disability Law

: Doherty & Progar Workers' Comp

Indiana Employee's Claim for Medical Benefits Barred by Statute of Limitations

By Michael Progar

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The Appellate Court of Indiana held, in Colburn v. Kessler's Team Sports, 850 N.E.2d 1001 (Ind.App. 2006), that an employee's application for adjustment of claim filed more than two years after the occurrence of the accident was barred by the statute of limitations under Indiana Code Section 22-3-3-3. On appeal, the employee argued that the statute of limitations does not apply to claims for medical benefits. However, the court noted that the employee had not shown that anything prevented him for resolving or preserving his claim before the statute of limitations expired. On the contrary, the employee had decided more than once not to undergo the surgery for his lower back injury that had been recommended by his physician.

The provisions of Indiana Code Section 22-3-4-5 pertaining to a failure of the parties to agree regarding compensation payable before a claim is filed did not toll the statute of limitations, even in the absence of a disagreement between the employee and employer. Because an adjudication of permanent impairment must be made within the statute of limitations, an employer's obligation to pay medical expenses does not extend beyond two years from the date of accident, absent an agreement or decision of the Board otherwise.