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Bloomington Hospital v. Stofko2/5/1999
FOR PUBLICATION
OPINION - FOR PUBLICATION
Bloomington Hospital (the "Hospital") appeals the Worker's Compensation Board's (the "Board") order adopting the Single Hearing Member's award of future medical treatment for Hospital employee, Robert Stofko. We affirm.
Issue
The Hospital presents the following restated issue for our consideration on appeal: whether the Board exceeded its jurisdiction in ordering the Hospital to furnish future medical treatment for Stofko.
Facts and Procedural History
In the summer of 1993, Hospital employee Stofko was diagnosed with chronic Hepatitis C. Stofko had been employed at the Hospital for approximately four years prior to this diagnosis, and the parties agree that Stofko contracted the disease in the course of his employment with the Hospital on or about August 24, 1993. R. 14. The Hospital provided medical care for Stofko's condition as required by statute. On August 10, 1995, Stofko filed a Form 9 Application for Adjustment of Claim with the Board. On March 31, 1997, the parties filed a Stipulation for Hearing and Agreed Statement of Facts in which the parties agreed that the Hepatitis C "resulted in a 5% permanent partial impairment to [Stofko's] whole person" and that he should accordingly be awarded five degrees of impairment at a rate of $500.00 per degree for the period beginning August 24, 1993 and continuing through mid-October 1993. R. 33. The only remaining issue was the Hospital's provision of future medical treatment for Stofko. On April 2, 1997, a member of the Board approved the Agreed Statement of Facts and entered an award in accordance therewith. R. 37-38. The case was submitted to the Board for determination of the sole issue of whether the Hospital should be required to provide all future medical treatment for Stofko's chronic disease.
On April 16, 1998, a single Hearing Member made the following findings and Conclusions based upon the parties' Agreed Statement of Facts and Stipulation for Hearing:
"1. [Stofko] has made timely filing of his Application for Adjustment of Claim."
"2. [Stofko] has shown that his condition requires future medical attention."
"3. [The Hospital] is responsible for providing any and all medical services necessitated by [Stofko's] Hepatitis C condition. [The Hospital] shall select the appropriate medical providers for such services. [The Hospital] is also responsible for payment of any unpaid expenses for such services incurred to date regardless of their authorization."
"4. This Award shall remain in effect until modified, altered or rescinded upon motion of the parties or the [Board]."
Said Hearing Member now finds for [Stofko] and against [the Hospital] on [Stofko's] Application for Adjustment of Claim filed August 7, 1995, regarding future medical care.
R. 102. The Hospital then filed an Application for Review by the Full Board. The Full Board entered the following order on July 31, 1998:
That the Full Worker's Compensation Board of Indiana by the majority of its members now finds:
"1. In his November 18, 1996, report, Dr. Lawrence Born noted: The difficulty arises in that the natural history of hepatitis C is one that covers decades. In what is now thought to be 20 to 25% of patients with long-term infection with hepatitis C that develop cirrhosis, this can take as much as 20 years. For 5 to 10% of those that die because of hepatitis C, it can take as long as 30 years. Accordingly, this disease is one that is marked by a long period of time between initial infection and onset of complications. The repercussions of the lon
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