Legal Opinion

Fitzgerald v. U.S. Steel

Indiana Court of Appeals

Decided August 27, 2008No. 93A02-0802-EX-134PublishedCited by 4 opinions

1Opinion of the Court

OPINION

VAIDIK, Judge.

Case Summary

Grover Fitzgerald appeals from the Worker’s Compensation Board’s (“Board”) dismissal of his application for adjustment of claim. Concluding that Fitzgerald’s application is time-barred under Indiana Code § 22-3-3-27 (1998), that the reimbursed wages he received from U.S. Steel (“USS”) do not constitute “compensation,” that the date of maximum medical improvement or the date his permanent partial impairment rating was issued is not the starting date for calculating the statute of limitations under the facts of this case, that USS did not make fraudulent…

2Cases cited10 opinions

  1. Indiana Michigan Power Co. v. RoushIndiana Court of Appeals · 1999
  2. Indiana Department of Environmental Management v. Medical Disposal Services, Inc.Indiana Supreme Court · 2000
  3. Halteman Swim Club v. DuguidIndiana Court of Appeals · 2001
  4. Berry v. Anaconda Corp.Indiana Court of Appeals · 1989
  5. Prentoski v. Five Star Painting, Inc.Indiana Court of Appeals · 2005

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3Cited by4 opinions

  1. Harris v. United Water Services, Inc.Indiana Court of Appeals · 2011
  2. Sin-Mi Ward v. University of Notre DameIndiana Court of Appeals · 2015
  3. Gilley's Antique Mall and Jeff Hines v. Doug SarverIndiana Court of Appeals · 2020
  4. Jones Ex Rel. Jones v. Pillow Express Delivery, Inc.Indiana Court of Appeals · 2009

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