A construction company that appealed the Indiana Workers' Compensation Board's allocation of medicine and disability to a worker who fell through the roof not only lost its appeal but saw the worker's price increase by 5% in court.
KNK Group v. Sarver the Indiana Court of Appeal on Monday upheld the Board's decision that the company had no compensation for workers and acted in bad faith when it denied that an accident occurred or that the employee was affected. serious injuries in the workplace.
On November 10, 2015, Doug Sarver replaced a roof in an antique mall when he fell through, resulting in rib fractures, muscle spasms and shoulder and back pain. [1
Mr. Sarver changed its requirement to name Humphreys and several of its other companies, as well as the antique mall. Humphreys had no insurance for employee compensation according to court documents.
Mr. Sarver testified that he received $ 16 per hour and performed work for construction companies about 40 to 50 hours per week. Medical records show that he was disabled from the day of his accident until March 28, 2016, and that his doctor in 2019 had determined that Sarver had a 6% body impairment.
However, the Compensation Board noted that two supervisors testified that the incident occurred and was caused by not using a seat belt. The board found Humphreyy's statements unreliable and found no evidence that the company had submitted an initial report of employee injury or illness required by Indiana law.
The board also considered Humphreys to be acting in bad faith and imposing sanctions. for violation of the Indiana Code. The antique mall was secondarily liable for failure to obtain a certificate of conformity confirming that Humphreys – or its subsidiaries – were covered by the workers' compensation. in TTD / PPD as a penalty, $ 6,000 in attorney's fees and compensation for all medical expenses to Sarver's insurance company.
The Court of Appeal upheld the Board's decision and reinstated the case with the instruction to increase Sarver's price by 5%.