Legal Opinion · Dissent

Lowell Health Care Center v. Jordan

Indiana Court of Appeals

Decided October 26, 1994No. 93A02-9402-EX-68Published

1DissentRiley, Judge

I respectfully dissent.

I agree with the majority that a statute or provision must be viewed within the context of the entire act. I further agree that we are required to adopt the construction which sustains the Act, carries out its purpose, and renders all parts harmonious. I disagree, however, with the majority's position that the Worker's Compensation Board's decision accomplishes these goals.

As the majority concedes, IND.CODE 22-3-3-8 specifically limits a general award of total disability to 500 weeks. 1.0. 22-8-3-10, as interpreted by the Board and the majority, allows for a general…

2Cases cited2 opinions

  1. Jirout v. GebeleinCourt of Appeals of Maryland · 1923
  2. Weaver v. Budd Manufacturing Co.Michigan Supreme Court · 1946

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