Talas v. Correct Piping Co., Inc., No. 381S52
| Docket Nº | No. 381S52 |
| Citation | 426 N.E.2d 26 |
| Case Date | September 28, 1981 |
| Court | Supreme Court of Indiana |
Page 26
v.
CORRECT PIPING COMPANY, INC., Appellee (Defendant below).
Michael R. Morow, Munster, for appellant; Leonard M. Ring & Associates, Chicago, Ill., of counsel.
Samuel J. Furlin, Spangler, Jennings, Spangler & Dougherty, P.C., Merrillville, for appellee.
HUNTER, Justice.
This cause was brought before this Court on the petition of Woodrow Talas, who sought review of the Court of Appeals' opinion found at Talas v. Correct Piping Co., Inc., (1980) Ind.App., 409 N.E.2d 1223. We have previously granted Talas's petition, vacated the opinion of the Court of Appeals, and remanded this cause to the Industrial Board of Indiana with the directive that the Board enter the "specific" findings of fact upon which its decision is based. Talas v. Correct Piping Co., Inc., (1981) Ind., 416 N.E.2d 845.
On remand, the Board has filed a document which it characterizes as "its specific Findings of Fact." We conclude that the statements therein are insufficient to satisfy the letter and purposes of Ind.Code § 22-3-4-7 (Burns 1974) for those same reasons fully discussed and explained in our companion decision today entitled Perez v. United States Steel Corporation, Ind., 426 N.E.2d 29 (1981). We again remand the
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cause to the Industrial Board for specific findings of fact.The facts relevant to Talas's claim were previously explained by this Court as follows:
"Mr. Talas was injured in a work-related accident resulting in traumatic quadriplegia. For approximately four months, plaintiff received around-the-clock nursing care at his home which was paid for by his employer's insurance carrier. The payments then stopped, and the continuous care was soon terminated thereafter. Plaintiff then filed an emergency petition with the Industrial Board of Indiana, seeking to have his employer resume paying for the twenty-four hour nursing care. He contended that without the exercise programs administered by the nurses, his joints stiffened, and he lost the feeling in some areas of his body which he had regained through the exercising.
"A hearing was held before a single hearing officer who granted plaintiff's petition, finding him to be '100% totally permanently disabled and in need of further medical care in order to reduce his disability or impairment.' The employer appealed to the full Board which, after a second hearing, reversed the earlier ruling and ordered that plaintiff take nothing." Talas v. Correct Piping Co., Inc., supra, at 845-46.
The crucial and ultimate factual issue raised by Talas's petition for emergency care is whether continuing medical treatment in the form of nursing care will serve to "limit or reduce the amount and extent" of Talas's impairment, as per the requirements established by the legislature in Ind.Code § 22-3-3-4 (Burns 1980 Supp.).
The Industrial Board's "Findings of Fact," as submitted on remand, read in relevant part:
"It is further found that the Plaintiff offered into evidence his Exhibit A, the report of Dr. Leo Cooper, dated November 3, 1979; Exhibit B, the report of Dr. Vinod Sahgal, dated September 24, 1979; Exhibit C, the report of Dr. Vinod Sahgal dated November 20, 1979; Exhibit D, notes from the Rehabilitation Institute of Chicago; and Exhibit E, photocopy of bills paid by Plaintiff.
"It is further found that the...
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Talas v. Correct Piping Co., Inc., No. 381S52
...that the Board enter the specific findings of fact upon which its decision is based. Talas v. Correct Piping Co., Inc., (1981) Ind., 426 N.E.2d 26; Talas v. Correct Piping Co., Inc., (1981) Ind., 416 N.E.2d On June 25, 1978, Talas fell from scaffolding while acting in the employ of Correct ......
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Rork v. Szabo Foods, No. 2-681A190
...This type of "specificity," of course, is not necessary. See, Perez, supra, At 32; Talas v. Correct Piping Company, Inc. (1981), Ind., 426 N.E.2d 26. Page In addition to the Board's finding of ten percent permanent partial impairment, the Board also found "that there is insufficient evidenc......
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Wanatah Trucking v. Baert, No. 2-882A269
...Ind., 436 N.E.2d 64; Talas v. Correct Piping Co. (1982), Ind., 435 N.E.2d 22 (Talas III); Talas v. Correct Piping Co. (1981), Ind., 426 N.E.2d 26 (Talas II); Talas v. Correct Piping Co. (1981), Ind., 416 N.E.2d 845 (Talas I); Perez v. United States Steel Corp. (1981), Ind., 428 N.E.2d 212 (......
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Board of Directors for Utilities of Dept. of Public Utilities of City of Indianapolis v. Office of Utility Consumer Counselor, No. 2-783-A-233
...of the evidence which does not manifest the Commission's expertise in analyzing such evidence. Talas v. Correct Piping Co. (1981) Ind., 426 N.E.2d 26, At the second level of review, the Court determines whether the Commission's basic findings of fact are supported by substantial evidence of......
-
Talas v. Correct Piping Co., Inc., No. 381S52
...that the Board enter the specific findings of fact upon which its decision is based. Talas v. Correct Piping Co., Inc., (1981) Ind., 426 N.E.2d 26; Talas v. Correct Piping Co., Inc., (1981) Ind., 416 N.E.2d On June 25, 1978, Talas fell from scaffolding while acting in the employ of Correct ......
-
Rork v. Szabo Foods, No. 2-681A190
...This type of "specificity," of course, is not necessary. See, Perez, supra, At 32; Talas v. Correct Piping Company, Inc. (1981), Ind., 426 N.E.2d 26. Page In addition to the Board's finding of ten percent permanent partial impairment, the Board also found "that there is insufficient evidenc......
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Wanatah Trucking v. Baert, No. 2-882A269
...Ind., 436 N.E.2d 64; Talas v. Correct Piping Co. (1982), Ind., 435 N.E.2d 22 (Talas III); Talas v. Correct Piping Co. (1981), Ind., 426 N.E.2d 26 (Talas II); Talas v. Correct Piping Co. (1981), Ind., 416 N.E.2d 845 (Talas I); Perez v. United States Steel Corp. (1981), Ind., 428 N.E.2d 212 (......
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Board of Directors for Utilities of Dept. of Public Utilities of City of Indianapolis v. Office of Utility Consumer Counselor, No. 2-783-A-233
...of the evidence which does not manifest the Commission's expertise in analyzing such evidence. Talas v. Correct Piping Co. (1981) Ind., 426 N.E.2d 26, At the second level of review, the Court determines whether the Commission's basic findings of fact are supported by substantial evidence of......