FITZGERALD v. U.S. STEEL

No. 93A02-0802-EX-134.

892 N.E.2d 659 (2008)

Grover FITZGERALD, Appellant-Plaintiff, v. U.S. STEEL, Appellee-Defendant.

Court of Appeals of Indiana.

August 27, 2008.


Attorney(s) appearing for the Case

Jeffrey S. Sturm, George C. Patrick & Associates, P.C., Crown Point, IN, Attorney for Appellant.

Elizabeth M. Bezak, Singleton, Crist, Austgen & Sears, LLP, Munster, IN, Attorney for Appellee.


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...

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