August 14, 2011

TRAGEDY HITS SUGARLAND CONCERT AT INDIANA STATE FAIR GROUNDS WHEN WIND COLLAPSES STAGE

Indiana Lawyer and Indianapolis Attorneys at Kooi Law have learned that four Sugarland concert goers are dead and at least 43 are reported to have been injured when a gust front blew through the Indiana State Fair Grounds at approximately 8:55 Saturday night. Local meteorologists are reporting that a gust front (the leading edge of cool air rushing down and out from a thunderstorm) may have reached speeds in excess of 70+ mph. Several concert goers being interviewed by local media were reporting that while a concert employee advised them that bad weather was in the area, fans were being told that Sugarland would be coming on in a few minutes and if or when an evacuation was necessary, fans were to head towards the Pepsi Coliseum or other buildings in the area.
Stage%20Collapse.jpg

Fans at the State Fair grounds were reporting that as the winds blew in, dust and sand from the surrounding horse track encompassed the concert area. Those near the stage reported hearing cracking and crushing noise and shortly thereafter the rigging around the stage collapsed. At least four members of the concert crew were up in the rigging at the time of the collapse and many fans were pinned underneath the rigging and video and audio equipment. In video images showing the collapse, several workers can be seen attempting to jump from the rigging as it fell. The condition of these workers are not known at this time. video of the Concert could be seen at IndyChannel.com

Injuries to the victims ranged from fractures and lacerations to skull and head injuries. The youngest victim known at this time, a three year old little girl, was attended to by a local physician that was in the front row at the time of the collapse. They physician reported that she had a severe injury to her arm and he did not see anyone else with the child when he found her and attempted to stabilize her arm. Another seven year old child was reportedly taken to Riley Children's Hospital. Several people were taking to social media outlets like Twitter and Facebook in an attempt to locate their love ones. Sixteen of the victims were transported to Wishard Hospital with at least eight being taken to Methodist. Hospital officials are reporting that all on-duty personnel have been called to Wishard to assist. Three of the victims, including the seven year old, were taken to Riley. There were no further confirmed reports on the condition of the unidentified three year old with the arm injury.

While initial reports coming in claiming as many as 200 people were injured from the accident, an official at Wishard Hospital told local media that those numbers were likely too high. As the reports continue to progress, however, there were numerous reports of individuals walking into area hospitals with injuries.

There was a very short press briefing following the the accident, where Indianapolis Mayor Greg Ballard praised first responders working at the scene claiming "[e]verything has been very well coordinated to respond to this event". Officials, including the Indiana State Police, advised that they intend to have a press conference on Sunday to provide updates on the situation. Stay with us on IndyFirm.com for all the recent information on this very fluid situation.

June 3, 2011

INDIANA FAMILY OF TEEN WHO DROWNED SUES FOR WRONGFUL DEATH

A Shelbyville teen's family is suing for Wrongful Death after the 15-year old drowned Monday in Wayne County, Indiana. The lawsuit is seeking an unknown amount of damages. Named in the wrongful death lawsuit is the Wernle Youth and Family Treatment Center. That's a mental health treatment and counseling facility where the victim, Austin Israel, attended.

Indiana investigators determined Israel was on a field trip when he went for a swim in the Whitewater River and drowned. Richmond police officers report he was submerged in the river for more than a half hour before rescuers found him. Authorities did say the drowning was an accident. His family is contending the center did not watch the children properly.

In Indiana, there are guidelines that pertain to Wrongful Death cases. They are encompassed in Indiana's Wrongful Death Act. The Act helps define what constitutes a wrongful death and how damages should be determined. For example, Indiana's Wrongful Death Act describes such a death as one that happens because of the wrongful act or omission of another. Only a 'personal representative" like the person's family, loved ones or dependents may file such a lawsuit on their behalf, and it should happen within two years of the death.

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May 19, 2011

UPDATE: GOSHEN DETECTIVES DETERMINE INDIANA TODDLER WAS NOT KILLED IN HIT AND RUN CAR CRASH

Two Indiana adults face charges for falsely reporting that an Indiana toddler died in a hit and run Car Accident. Goshen's 22-year old Mande Turner-Berger had told Indiana detectives that her daughter, 18-month old Mariah Gibson, was killed Monday night after the toddler let go of her mother's hand, wandered into the street and was hit by a car that then fled. Goshen detectives soon determined that story was false, and Turner-Berger and her boyfriend, Goshen's 31-year old Daniel Pennington, were arrested.

As detailed by www.wndu.com in the article, "Update: Police Arrest Mother and Boyfriend in Wake of Goshen Toddler's Death," Indiana detectives said they could not confirm specific events that Turner-Berger had detailed. After further investigating, Goshen detectives concluded that Mariah's mother had made up a fake story to hide the real reason her daughter died. So far, police are not saying what that real reason is behind Mariah's Wrongful Death.

While Goshen detectives believe Mariah's death was not simply the case of a pedestrian who was hit by a car, too many young pedestrians are killed every year on Indiana roads. According to the Indiana Criminal Justice Institute, nine pedestrians under the age of 15 were killed in 2004. That was 12% of the pedestrian fatalities in the Hoosier state regardless of age.

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April 28, 2011

INDIANA JUDGE REJECTS DEAL FOR MERRILLVILLE SURGEON FACING HUNDREDS OF MEDICAL MALPRACTICE LAWSUITS

A federal judge in Hammond, Indiana did not accept a plea deal for the former northwest Indiana nose doctor charged with 22 counts of fraud and facing about 300 Medical Malpractice and Medical Negligence lawsuits. Merrillville's Mark Weinberger pled guilty in October to those health care fraud charges in exchange for four years in prison. Wednesday morning, an Indiana judge said that sentence wasn't tough enough.

As reported by the Chicago Tribune in the article, "Judge Rejects Plea Deal for Ex-Fugitive Doctor," many of Weinberger's former patients wrote to the judge asking him to reject the plea deal with prosecutors. The judge said those letters did not impact his ruling. This case could now go to trial.

Legal troubles are not new to Weinberger. The Chicago Tribune states the former Indiana doctor was recently convicted of Wrongful Death in a medical malpractice case where one of his former patients died of cancer after he did not diagnose it. Weinberger fled the country for about five years after that patient's death. Authorities captured him in 2009 in the Alps.

Indiana does have guidelines on how Medical Malpractice cases should be handled. They are outlined in the Indiana Medical Malpractice Act which is also known as the Indiana Compensation Act for Patients or INCAP. It contains five components: statute of limitations, limits on recovery, patient's compensation fund, medical review panel, and limit on attorney fees.

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April 12, 2011

INDIANA WRONGFUL DEATH CASE INVOLVING ELECTROCUTED BOY SETTLES

The city of Mishawaka in northern Indiana settled a case involving a 5 year old boy who was electrocuted to death in 2008. The boy's family sued for Wrongful Death and emotional distress. Terms of the settlement were not made public.

As reported by www.theindychannel.com in the article, "City Settles with Family of Electrocuted Boy," the deadly incident happened on Thanksgiving of 2008. The victim's name was Izaya Baiz-Hickey. He apparently crawled into an electrical transformer box and was then shocked to death. Mishawaka Utilities owned the box which was not locked at the time of the boy's death. The boy's family sued the city of Mishawaka, the apartment complex where the incident happened and its management company. The case against the apartment complex and management company has not yet been resolved.

Unfortunately, dozens of people including those in Indiana die each year from being electrocuted. And many of those deaths happen when people are on the job and are Work Comp related. According to the National Institute for Occupational Safety and Health, electrocutions are the fifth leading cause of workplace deaths with more than five thousand workers dying from contact with electrical energy from 1980-1992.

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March 17, 2011

INDIANA OFFICIALS INVESTIGATING ON THE JOB DEATH OF HENDRICKS COUNTY MAN

The Indiana Occupational Safety and Health Administration is looking into Wednesday's apparent Work Comp related death of a Hendricks County man at Royal Food Products on Indianapolis's Near Eastside. 50-year old Alan Beaty was a 30-year employee at the plant who died when the forklift he was driving plunged almost 15 feet through the floor and landed in the basement.

As described in the Indy Star article, "Officials to Investigate Forklift Operator's Death," Beaty's forklift weighed about 8,000 pounds as the employee was transporting vegetable oil. The Indianapolis Fire Department's spokesperson says large debris fell on top of the victim after he fell through the floor. The Marion County coroner's office is investigating to pinpoint the exact cause of this on the job death.

The Indianapolis plant is closed while repairs are made to the roughly 30-foot hole the deadly crash created. Meanwhile, the Indiana Occupational Safety and Health Administration will look into the fatal accident. Royal Food Products' president told Indiana investigators Beaty was operating the forklift in an area that clearly showed it could not handle heavy machinery because the floor was not reinforced to hold a large amount of weight.

This apparent Work Comp related death leaves Beaty's children without a father. The longtime employee leaves behind two sons and a daughter, all in their 20's.

Unfortunately, operating a forklift is dangerous and at times, can be deadly. According to www.toolboxtopics.com, the United States Occupational Safety and Health Administration estimates forklifts cause about 85 deadly accidents a year. OSHA also found forklifts are involved in about 35,000 accidents a year that cause a serious injury.

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March 16, 2011

INDIANAPOLIS WORKER KILLED ON THE JOB AFTER FORKLIFT ACCIDENT ON INDIANAPOLIS'S SOUTHEAST SIDE

A 50-year old Indiana worker is dead after an apparent Work Comp related accident at Royal Food Products on Indianapolis's southeast side. Indianapolis Fire Department officials say the longtime employee was operating a forklift that fell almost 15 feet through a concrete floor and landed in the basement.

As reported by www.theindychannel.com in "Worker Killed in Business Floor Collapse," fellow employees told Indianapolis investigators that the victim was transporting mayonnaise and vegetable oil from a warehouse and appeared to have ended up in an area where the floor was not able to hold the forklift's weight. The building is old and has sections that are marked as capable of handling heavy machinery. The employee was apparently not in that area.

Indiana investigators are looking into this on the job fatal accident. Indianapolis rescue crews are expected to need several hours to reach the worker's body which is underneath rubble.

Work Comp injuries refer to injuries an employee suffers while in the course and scope of their employment. Those injuries run the gamut from a minor hurt to, unfortunately, death. And dozens of Indiana workers die each year while on the job. According to the Indiana Department of Labor's preliminary data, in 2009, 123 workers were killed while on the job. While even one death is one too many, it is important to note that number is the lowest on record for Indiana.

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March 15, 2011

UNIVERSITY OF NOTRE DAME FINED FOR UNSAFE WORKING CONDITIONS LEADING TO ILLINOIS STUDENT DEATH

Indiana is taking action in the Death of a University of Notre Dame student. The Indiana Department of Labor's Commissioner said the South Bend school did not have safe working conditions when 20-year old Declan Sullivan died while filming football practice back in October. Unsafe working conditions can lead to Work Comp injuries and even death.

Thus, the state of Indiana is fining Notre Dame $77,500 for several violations. As reported by www.wthr.com in the article, "Report: University of Notre Dame at Fault in Fatal Lift Accident, " those errors include not properly training Sullivan who was a junior film student from Illinois and not inspecting the hydraulic lift on a regular basis. Sullivan was killed after the lift he was on fell in very windy conditions.

It is not clear if Sullivan's family is seeking a lawsuit against Notre Dame. But Indiana's ruling that Notre Dame was at fault could have big implications if there is a lawsuit.

Experienced Indiana Work Comp Lawyers are well-versed in work comp situations. And unfortunately, some of those Workers' Compensation situations involve a death. According to the United States Occupational Safety and Health Administration or OSHA, every day 15 American workers die while on the job.

Continue reading "UNIVERSITY OF NOTRE DAME FINED FOR UNSAFE WORKING CONDITIONS LEADING TO ILLINOIS STUDENT DEATH" »

March 1, 2011

LAFAYETTE TEEN KILLED IN AUTO CRASH IN INDIANA

Lafayette police are looking for the driver responsible for a deadly hit and run vehicle crash Sunday night on the south side of the city. Indiana investigators say a dark SUV or pick up truck hit a 15-year old Lafayette teen and then fled the scene.

As reported by www.Fox59.com in the article, "15-Year Old Girl Killed in Hit and Run," the teen was walking on Indiana State Road 25 when she was struck. Police say her name was Ebony Knight.

Unfortunately, pedestrians are often victims of vehicle crashes. According to a report by the Governors Highway Safety Association, 12% of the nation’s traffic fatalities in 2009 were pedestrians. And the report found that in 2009, 50 people were killed in Indiana in vehicle accidents.

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February 4, 2011

FIREFIGHTERS ARE CALLED TO SECURE A NOBLESVILLE INDIANA BUILDING WHEN ROOF COLLAPSES

Two employees of a Noblesville company escape serious injury following the collapse of the roof at their Circle City Auto Parts store. The weight of ice and snow cause the collapse and sent emergency crews to the building, located on Herriman Boulevard just after 10:00 am on Friday morning.

Two employees of the company were said to be inside when the roof gave way; however, no injuries were reported as a result of the structural failure.

The City of Noblesville Planning and Engineering Department was being called in to inspect the structure once firefighters secured the property.

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January 27, 2011

NOBLESVILLE INDIANA CAR ACCIDENT SHUTS DOWN HAMILTON COUNTY INDIANA HIGHWAY

The involved section of Indiana State Road 37 were closed as police and sheriff deputies investigated the collision scene. News choppers caught video of a tarp being placed over the vehicle that collided with the dump truck. There were no reports on the number of passengers in the vehicle or the condition of the driver at the time of this writing.

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December 5, 2010

HAZARDOUS CONDITIONS SHUT DOWN PORTIONS OF INTERSTATE 74 IN INDIANPOLIS INDIANA

The east and westbound lanes of Interstate 74 in Indianapolis, Indiana near the exit for Ronald Regan Parkway was shut down by Indiana State Police due to a jackknifed semi tractor - trailer and numerous slide offs Sunday morning.

Although numerous incidents, slide-offs and accidents were reported on the Central Indiana highway, no serious injuries were reported.

www.CompFirm.com

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December 4, 2010

THE INDIANA DEPARTMENT OF LABOR RELEASES WORK INJURY AND WORK COMP STATISTICS

In 2007, the Indiana Worker's Compensation Board in conjunction with the Indiana Department of Labor issued the following statistics related to work injuries:

62,326 Hoosiers filed claims alleging at least one or more days of work were missed.
92 work-related fatalities were reported
17,724 agreements to compensation were filed with the Board
9,860 of those compensation agreement involved Temporary Total Disability (TTD)
payments
7,864 involved Permanent Partial Impairment (PPI) agreements
1,665 requests were made for independent medical examinations (IMEs)
5,971 applications for adjustment of claims were filed
3,203 of those disputed claims were closed by settlement agreement between the injured
worker and the employer

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December 3, 2010

THE INDIANA WORKER'S COMPENSATION BOARD ALLOWS CONFIRMATION OF FIRST REPORT OF INJURY

Indiana employees that are hurt at work now have access to an online resource to confirm their employer's first report of injury filing with the Worker's Compensation Board. The link below:

FIRST REPORT OF INJURY

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December 1, 2010

FIRST INDIANA SNOWFALL LEAVES INDIANAPOLIS ROADS FILLED WITH ACCIDENTS AND FRUSTRATED DRIVERS

By noon in Indianapolis, Indiana, cars, trucks, and semis around the city were reporting numerous accidents and road closures. The following are a few:

--An auto accident closed 3 lanes of NB of I-465 near I-70 (mile marker 42.8).
--A crash in the right lane of SB 465 near West 71st Street (near mile marker 21.0).
-- 3 right lanes of eastbound I-70 were closed near Shadeland Avenue (mile marker 88.2).
--Clean up of a wreck close the left lane of northbound I-65 near Dr. Martin Luther King Jr. (near mile 116.5).
--3 lanes of westbound I-70 were shut down near Rural Street/Keystone Avenue due to an automobile crash near mile marker 84.5.

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October 14, 2010

INDIANA CONSTRUCTION WORKER INJURED WHILE ON THE JOB IN GREENWOOD, INDIANA

Rescue personnel removed a man from a 10 ft. deep trench near SR 135 and County Line Road in Greenwood, Indiana. According to police, it was believed that the man was working alongside an excavator digging sewer lines for a nursing home when the bucket of the excavator fell off and struck him in the head.

At the time of the incident, the injured worker was working for Filson Earthwork of Noblesville, Indiana. According to first responders, a trench box was not in use at the time of the accident. There are no reports on the condition of the worker. Police and IOSHA investigations are said to continue

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October 11, 2010

TWO MEN KILLED IN A SINGLE CAR ACCIDENT IN COLUMBUS, BARTHOLOMEW COUNTY, INDIANA

The Bartholomew County Coroner, Allen Smith, has identified two individuals that were killed in a single car accident in Columbus, Indiana, over the weekend. The driver was identified as 48-year-old Anthony Rooker and the passenger was identified as Justin Shinolt, 32.

Police say the car was traveling east on Deaver Road near Denois Street when the driver lost control causing the vehicle to go airborne, slam into a tree, and burst into flames.

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October 9, 2010

HIT AND RUN DRIVER THAT KILLED AN 81 YEAR OLD RILEY VOLUNTEER ARRESTED FOR LEAVING THE SCENE

Metro detectives have arrested 37-year-old Roger Ordonez for leaving the scene of a deadly crash. Police believe Ordonez was the driver responsible for a deadly hit and run crash on Saturday afternoon that took the life of 81 year-old, Lola Herman.

Herman was headed northbound on Martin Luther King Jr. Street when Ordonez, driving a green Jeep Grand Cherokee headed eastbound on 16th Street, ran a red light and t-boned her. Police say Ordonez ran from the scene and was picked up by someone driving a black Ford SUV. Officers found Ordonez at his home in Lawrence a few hours after the crash. The FACT Team is now handling the investigation because officers tell us they believe Ordonez was drunk at the time of the crash. The results of Ordonez’s blood alcohol test are pending. Police arrested Ordonez .

Herman was a 24-year volunteer at Riley Hospital for Children. Hospital officials describe Lola Herman as “the quintessential volunteer - friendly and always willing to help.” Herman also served as a trainer for volunteers in the Riley Infant Unit.

Continue reading "HIT AND RUN DRIVER THAT KILLED AN 81 YEAR OLD RILEY VOLUNTEER ARRESTED FOR LEAVING THE SCENE" »

October 7, 2010

INDIANA INJURY ATTORNEYS HELP VICTIMS OF FATAL AND SERIOUS CAR AND SEMI TRUCK ACCIDENTS, CONSTRUCTION ACCIDENT AND WORK RELATED INJURIES

Kooi Law Firm, a full service personal injury and worker's compensation law firm has expanded its practice to assist victims of personal injury, wrongful death and work injuries in Central, Southern and Northern Illinois, as well as the entire State of Indiana. Kooi Law Firm is dedicated to assisting victims and their families, providing them a voice, knowledge and skill-set required in today's legal climate. The attorneys at Kooi Law Firm represent only victims and their families and never represent Insurance Companies, Employers or their affiliates. For the past five years, Kooi Law Firm has continued to increase their web presence at www.IndyFirm.com and www.CompFirm.com

Continue reading "INDIANA INJURY ATTORNEYS HELP VICTIMS OF FATAL AND SERIOUS CAR AND SEMI TRUCK ACCIDENTS, CONSTRUCTION ACCIDENT AND WORK RELATED INJURIES" »

August 11, 2010

INDIANA'S WORKER'S COMPENSATION BOARD'S MISSION STATEMENT

The Indiana Worker's Compensation Board defines their mission as follows:

"To provide efficient dispute resolution for injured workers and employers by administering both formal adjudication and informal dispute resolution services; to serve the public by answering inquiries regarding the Indiana Worker's Compensation system; and to collect statistical information regarding workplace injuries in Indiana."

For more information regarding Indiana work related injuries, please go to www.IndyFirm.com or www.CompFirm.com

March 24, 2010

EARLY MORNING AUTOMOBILE ACCIDENT INVOLVING A SEMI TRACTOR TRAILER SHUTS DOWN PORTIONS OF INDIANA STATE ROAD 37 IN HAMILTON COUNTY

A truck traveling in the northbound lane of Indiana State Road 37 crossed the center line and into the path of a semi-tractor hauling a tanker trailer near Newton Avenue just north of Strawtown. The impact also entangled a Mercedes Benz; however, police were not yet sure how the vehicle got involved. The three-vehicle crash forced the shut-down of traffic flowing on the Northern Hamilton County stretch of Indiana State Road 37 this morning.

The driver of the pick-up truck was taken to Methodist Hospital via helicopter; however, his condition wasn't believed to be life threatening. Authorities reported that the other two drivers were uninjured.

Continue reading "EARLY MORNING AUTOMOBILE ACCIDENT INVOLVING A SEMI TRACTOR TRAILER SHUTS DOWN PORTIONS OF INDIANA STATE ROAD 37 IN HAMILTON COUNTY" »

March 16, 2010

CONSTRUCTION WORKER IS HIT AND KILLED BY SPEEDING CAR ON INTERSTATE 80 - 94 IN INDIANA

A construction worker was killed while on the job on the Indiana section of Interstate 80/94 Tuesday morning.

45-year-old Christopher Jenkins of Valparaiso, Indiana, was patching potholes in a construction zone at about 1:30 a.m. when he was hit by a 1993 Mercury Cougar. The driver attempted to flee, however, a co-worker stood in front of the car to prevent the driver from fleeing. Recognizing this, the driver got out of the car and ran away. State troopers and Lake Station officers have not located the driver; however, they have found items possibly identifying him inside the car.

Jenkins was an employee Walsh Construction of Gary, Indiana.


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February 22, 2010

A HEAD ON COLLISION CLAIMS THE LIFE OF TWO MEN IN BARTHOLOMEW COUNTY INDIANA ON INDIANA STATE ROAD 46

Bartholomew County Sheriff's Dep. Jeff Wehmiller is working to investigate a crash that left a Columbus teenager and a Bluffton dead Friday afternoon. The head-on collision occurred near 5913 W. Indiana 46. Both men, Michael Brickley, 57, of Bluffton and Katlin Piper, 19, of Columbus, were pronounced dead at Columbus Regional Hospital shortly after the crash; however, authorities believe they were both killed instantly on impact.

A five year-old passenger in the truck driven by Brickley, Aeryk Nicholson, was flown by helicopter to Methodist Hospital in Indianapolis for treatment. The child's condition was unavailable Friday night. Another passenger in Brickley's truck, Rochelle Saine, 46, of Bluffton, was transported by ambulance to Columbus Regional Hospital for treatment. Although her injuries were reported as non-life-threatening, no updates were available Friday afternoon.

According to police, it appears that Piper was eastbound on Indiana 46W at approximately 2:56 p.m. when his vehicle crossed the highway's center line and crashed head-on into Brickley's pickup. Police were baffled by what could have caused Piper to move into the westbound lane; however, some witnesses reported seeing a low-flying aircraft at the time of the accident. Police also observed the aircraft, but could not say for sure that it was a contributing factor in the accident. Toxicology tests were submitted; however, police do not believe that drugs or alcohol played a part in the collision.

Continue reading "A HEAD ON COLLISION CLAIMS THE LIFE OF TWO MEN IN BARTHOLOMEW COUNTY INDIANA ON INDIANA STATE ROAD 46" »

February 15, 2010

MORNING WEATHER IS BLAMED FOR COLLISION THAT CLAIMS THE LIFE OF A WOMAN ON INDIANAPOLIS'S NORTHSIDE

A woman, who has not yet been identified by authorities, lost her life Monday morning when her vehicle was struck on north side of Indianapolis near North Michigan Road and Thorny Croft The accident occurred this morning just after 8 a.m.

Authorities reported that a Caucasian female driving a Honda Accord was near the 800 block in the southbound lane of North Michigan Road when she lost control of her vehicle as she approached slowing or stopped vehicles in front of her. Authorities believe she was attempting to avoid the vehicles in her lane and veered into northbound traffic hitting one or two other vehicles. The small two-door Honda Accord she was driving was spun out in front of an approaching northbound SUV. The Accord was t-boned on the driver’s side, and authorities believe the woman was likely killed instantly

January 15, 2010

SOME INDIANA WORK INJURIES FALL OUTSIDE OF THE WORKER'S COMPENSATION REMEDIES

Generally speaking, Indiana workers are precluded from filing a lawsuit against their employers or other people employed by the same employer when they are injured on the job. However, in the event that one can prove that the injury was due to the fault of another company or person employed by another company, an employee may also pursue what is called a "third-party claim". In this case, the employee would file a lawsuit for damages. This lawsuit would be in addition to the remedies available under the Indiana Worker's Compensation laws and benefits. Having said that, however, in most instances the employer's insurer will seek subrogation for those benefits paid on behalf of the employee. This is called a lien.

A common example of a work comp. injury with third party liability is an on-the-job auto accident. If an employee is traveling to a work-related function for the employer and is involved in a car accident due to the fault of another, the employee will probably be entitled to workers' compensation benefits for his or her injuries, but may also be permitted to file suite against the other driver under a third party claim for damages.

Another common example of third-party liability is in construction. If an employee is working on a large construction project and becomes injured from the neglect of another (such as an employee of another firm or sub-contractor) they may have a claim against that other firm or the general contractor who is in charge of safety on the job site.

Like a workers' compensation claim, in most cases the third-party claim must be filed within two years of the date of the accident. In some cases involving a defect in design or machinery, the Statute of Limitations may extend up to ten years from the date the product was placed into use. An attorney should be consulted immediately regarding the limitations on any case as these are very fact sensitive issues.

Continue reading "SOME INDIANA WORK INJURIES FALL OUTSIDE OF THE WORKER'S COMPENSATION REMEDIES" »

October 27, 2009

INDIANA WORK COMP HANDBOOK

The Indiana Worker's Compensation Board has issued a handbook to facilitate employees' and employers' understanding of the laws which govern Indiana Work Comp claims. The following is a link to the Board's website and Handbook posting:

INDIANA WORK COMP HANDBOOK

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September 10, 2009

TWO PEOPLE ARE SERIOUSLY INJURED IN MORNING CAR CRASH IN HAMILTON COUNTY

Two people were seriously injured in a morning car accident near State Road 13 when a truck driver pulled out into the path of a Chevy Impala. Police reported that the driver and a passenger in the Impala were taken to Methodist Hospital in Indianapolis, Indiana, after their vehicle was struck, which caused it to flip and land in a ditch.

The injuries at the time of reporting were not thought to be life-threatening. The driver and a passenger in the truck were not injured in the collision. Immediately following the collision, police shut down portions of SR 13 between 226th Street and 256th Street while crews cleared debris from the accident.

Continue reading "TWO PEOPLE ARE SERIOUSLY INJURED IN MORNING CAR CRASH IN HAMILTON COUNTY" »

September 9, 2009

INDIANA COURT UPHOLDS WOKERS COMPENSATION BOARD RULING THAT FORCES EMPLOYER TO PAY FOR WEIGHT LOSS SURGERY

The Indiana Court of Appeals has upheld the Worker's Compensation Board's prior ruling that an employer, a pizza retailer, must pay for the weight-loss surgery of an obese employee. All is not as it seems with this headline; however, as the ruling is based on the Court's reliance on medical testimony related to the actual injury the employee suffered while in the course and scope of his employment, a back injury. The Indiana Court of Appeals noted the medical evidence was such that the weight loss surgery was an extension of additional medical care required to ensure the success of an operation for a back injury.

Adam Childers, a 340 lb. cook employed by Boston's The Gourmet Pizza, of Schererville was originally injured by a freezer door. He treating surgeons testified that while he needed back surgery, the surgery would not be successful unless he first had weight-loss surgery. The employer, Boston's, argued it shouldn't have to pay because Childers' weight was a pre-existing condition, but the Indiana Workers' Compensation Board and the Court said the company had to pay because his weight and the accident created a single and continuous injury.

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September 5, 2009

LAP-BAND WEIGHT LOSS SURGERY TO BE COVERED UNDER INDIANA EMPLOYEE'S WORKERS COMPENSATION CLAIM

The LAP-BAND® Adjustable Gastric Banding System is a gastric banding system that helps individuals lose and control weight by reducing the amount of food that their stomach can hold at one time. According to the parent-company's website, the name "LAP-BAND" comes from the minimally invasive surgical technique used (laparoscopy) and the silicone gastric band placed around the top of the upper part of your stomach. The LAP-BAND® System works by helping individuals control their food intake and supporting long term, sustainable weight loss.

Although this procedure is not the type of surgery one might expect to be covered under a Worker’s Compensation claim, one Indiana pizza store has learned that its insurer will do just that. Boston's, a pizza shop in Schererville, Indiana, was told by an Indiana Appellate Court that its insurer will pay for an employee’s weight loss surgery and a subsequent back surgery. The issue arose after 25-year old and then 340 lb. (he is now listed at 380lbs.) Adam Childers was injured on the job.

Childers was injured in March 2007, when he was hit by the freezer door in the kitchen of Boston’s Gourmet Pizza. The injury, which caused him to fall down, caused Childers heavy back pain that spread to his legs and was said to require an operation. The twist to this story came in when Childers was medically advised that this operation wouldn’t be successful unless he lost some weight. In fact, according to at least one physician's testimony, there was a possibility that if he lost enough weight the back surgery might even turn out to be unnecessary.

Medical testimony offered during the Worker's Compensation Board Hearing, however, demonstrated that Childers was unable to lose weight on his own during the period he had his accident, and so his weight situation at that time, when added to the incident, was found to create a “single injury” under a worker's compensation claim that made him eligible for both the Lap-Band procedure and the subsequent back surgery.

Continue reading "LAP-BAND WEIGHT LOSS SURGERY TO BE COVERED UNDER INDIANA EMPLOYEE'S WORKERS COMPENSATION CLAIM" »

August 31, 2009

INDIANA WORKER COMPENSATION BOARD HAS WEBSITE TO FACILITATE EMPLOYEES INJURED ON THE JOB

The Worker's Compensation Board of Indiana maintains a website that allows victims of work-related injuries in Indiana to research issues related to potential claims, obtain forms to file claims, and answer common questions regarding injuries sustained while on the job. The website has recently seen a face-lift and has benefited from numerous additions including statutory language, forms, and scheduling details for pending claims. The website is a true asset to Indiana Workers and their families who have suffered injuries while on their job or through their employment. The website can also be an asset for new or operating businesses to research their requirements and obligations under Indiana's Worker's Compensation laws.

Continue reading "INDIANA WORKER COMPENSATION BOARD HAS WEBSITE TO FACILITATE EMPLOYEES INJURED ON THE JOB" »

August 5, 2009

ALCOHOL AND DRUGS ARE REVEALED IN TOXICOLOGY REPORT OF NEW YORK WOMAN WHO CAUSED FATAL HEAD ON COLLISION

Westchester County officials are at a loss to explain the actions of the Long Island Mother that got behind the wheel of her mini-van while drunk on vodka and high on marijuana. The deadly combination attributed to her driving the wrong-way down a Westchester highway and killing herself and seven others, including her own daughter.

The Westchester County Medical Examiner released toxicology reports conducted on 36-year-old Diane Schuler following the deadly July 26th crash along the Taconic State Parkway in Briarcliff Manor. The report noted that Schuler's blood-alcohol level was .19%. The legal limit in New York is .08%. Although no criminal charges are anticipated in light of Schuler's death, the Westchester County District Attorney, Janet DiFiore, indicated that her office, accompanied by the New York State Police, will continue to investigate the facts surrounding the collision that caused eight deaths. DiFiore justified the continued investigation noting that she wanted the public and the families of the victims to "understand what lead to this horrific crash".

Among the victims of Schuler's actions were her 2-year-old daughter and three nieces. According to initial reports, Schuler, her daughter and her three nieces were returning home to West Babylon, Long Island, from a camping trip in upstate New York when she traveled nearly two miles against oncoming traffic before colliding head-on with a Chevrolet Trail Blazer driven by Guy Bastardi.

Bastardi was traveling with his father, Michael, and family friend, Daniel Longo. All three men were killed by the head-on collision.

The only survivor of the accident was Schuler's 5-year-old son, Bryan. Bryan is listed in stable condition at Westchester Medical Center, where he continues to receive medical care.

July 22, 2009

AUTO CRASH ON INTERSTATE 74 CLAIMS THE LIFE OF WOMAN NEAR BROWNSBURG

Sections of Interstate 74 near Brownsburg, Indiana, were completely shut down just after 8:15 am on Wednesday as result of a head on auto collision. Authorities were able to reopen all lanes just after 1 p.m..

The Hendricks County Sheriff's Department reported that a 59 year old woman driving a mid-sized SUV entered I-74 from an exit ramp at Ronald Reagan Parkway near Avon, placing her in the wrong lane travelling into the path of oncoming traffic. Eye-witnesses reported that the woman struck a semi near its rear axle, and her vehicle was sent airborne whereupon it struck another semi-tractor trailer head-on.

According the Hendrick's County Sheriff's Department, the woman was driving a Jeep Cherokee. She was killed instantly upon impact; however, neither semi driver was reportedly injured. Police were not yet reporting the driver's name.

Continue reading "AUTO CRASH ON INTERSTATE 74 CLAIMS THE LIFE OF WOMAN NEAR BROWNSBURG" »

June 22, 2009

SECOND VICTIM SUCCUMBS TO INJURIES AFTER SUNDAY'S COLLISION ON INTERSTATE 70

Erin C. Ford, 20, of Coatesville, became the second victim to succumb to injuries in Sunday's head on collision on Interstate 70. Ford was taken off life support at Methodist Hospital in Indianapolis, Indiana, at approximately 4:15 p.m. on Sunday afternoon according to a press release.
The two-car crash happened around 6 p.m. Saturday near Indiana Highway 267.

Luke Lovins, 21, the driver of the vehicle in which Ford was riding, was pronounced dead at the scene. Lovins had been driving eastbound in his 2005 Chevrolet Malibu with four passengers, including Ford, when a westbound 2000 Ford pickup truck driven by Alfredo Luviano Martinez, 31, of St. Louis, crossed the median and hit them head on.

Thomas F. Ford, 53, Coatesville, remained in critical condition late Sunday at Wishard Memorial Hospital. Debora S. Ford, 50, and Chandler B. Ford, 13, both of Coatesville, Indiana, were taken to Methodist on Saturday and were listed in critical condition.

Martinez was treated at Methodist and released Saturday. Police said his pickup truck might have blown a tire just before the crash. Martinez was not cited, and alcohol is not believed to be a factor in the fatal collision.


June 21, 2009

WIFE OF INDIANA GOLF PRO, CHRIS SMITH, DIES IN CAR ACCIDENT ON INTERSTATE 69 NEAR ANGOLA

The wife of Peru resident and PGA golf professional, Chris Smith, was killed and his children severely injured in a crash on Interstate 69 near Angola, Indiana. Beth Smith was killed while returning from a Father's Day visit with her family in Toledo, Ohio and the SUV she was driving collided with a Greyhound bus transporting a semipro football team from Canada.

Smith's children, Abigail and Cameron, were transported by helicopter to Lutheran Hospital in Fort Wayne, where they were listed in critical condition late Sunday. Their father, Chris Smith, has been competing in the PGA since 1991.

Continue reading "WIFE OF INDIANA GOLF PRO, CHRIS SMITH, DIES IN CAR ACCIDENT ON INTERSTATE 69 NEAR ANGOLA" »

June 16, 2009

THE BODY OF ELKHART INDIANA EYE DOCTOR AND HIS WIFE ARE FOUND IN HIS OFFICE ON MONDAY MORNING

Dr. Philip Gabriele, 44, and his wife Marcella, 33, were found slain Monday morning at the office of the Gabriele Eye Institute in Elkhart, Indiana. Gabrielle, a well-known eye surgeon in the area, had been under Federal indictment pertaining to 15 patients he had provided treatment for in the past. Reports indicated that the 15 cases involved allegations of healthcare fraud, and were only a small fraction of the over 13,000 patients he had treated over the years.

A family friend of the Gabrieles, Susan Manuszak, told police that when she went to the Gabriele home in Granger Monday morning, she found a suicide note. She called police and met them at the Gabriele Eye Institute Office in Elkhart, where the bodies were located.

The deaths were discovered on the day the Gabrieles were puportedly to turn themselves in to law enforcement to face the alleged health care fraud charges.

April 5, 2009

DOMESTIC DISPUTE LEAVES TWO DEAD FROM MURDER SUICIDE IN SHELBYVILLE, SHELBY COUNTY, INDIANA

A quiet Shelbyville, Shelby County, Indiana neighborhood near Highpointe Boulevard and Central Park Drive was rocked by an apparent murder-suicide early Saturday morning. Swat team and police entered the home of the gunman, Forty-One year old Tan Tran, a few hours after neighbors reported hearing gunshots. Upon entry, they found Christine Ong, dead from a gun-shot wound to the head, and the suspect, Tan Tran, while still alive, had a self-inflicted gun shot to the head. Police also found two other victims; an adult female and a six-year-old boy. The woman had apparently been shot in the leg. The six-year-old boy did not appear to have sustained injury.

Although Tran was life-lined by helicopter to Methodist Hospital, he later succumbed to the self-inflicted head wound. He was pronounced dead by Saturday afternoon.

Continue reading "DOMESTIC DISPUTE LEAVES TWO DEAD FROM MURDER SUICIDE IN SHELBYVILLE, SHELBY COUNTY, INDIANA" »

February 22, 2009

JEFFERSONVILLE INDIANA MAN SUSPECTED OF POLICE SHOOTINGS KILLS HIMSELF IN LOUISVILLE KENTUCKY HOME

A myriad of law enforcement departments, including SWAT, FBI, the DEA and the ATF swormed a house in Louisville, Kentucky on Friday attempted to coax the surrender of Robert Datillo, Jeffersonville, Indiana. Datillo was the primary suspect in the shooting of two Jeffersonville, Indiana police officers Thursday evening.

According to police, Datillo shot 39 year-old Dan Lawhorn and 32 year-old Keith Broady, both Jeffersonville Police officers, when they reported to a Motel 6 on reports of a domestic dispute. Both officers were transported to University Hospital in stable condition.

Despite their efforts to get Datillo out of the Louisville home, he shot himself to death.

Continue reading "JEFFERSONVILLE INDIANA MAN SUSPECTED OF POLICE SHOOTINGS KILLS HIMSELF IN LOUISVILLE KENTUCKY HOME" »

February 21, 2009

A LICENSED PRACTICAL NURSE IS ATTACKED BY INMATE AT MADISON COUNTY JAIL IN ANDERSON, INDIANA

A licensed practical nurse employed by SNR Medical Services, a third-party contractor for medical services for the Madison County Jail, was attacked by an inmate on Thursday. The inmate, Omond J. Smith, 32 of Anderson, Indiana, had complained of Asthma symptoms while being transported from the Wabash Valley Correctional Facility to the Madison County Courthouse for a hearing.

While receiving treatment from the LPN, Smith apparently got a hold of some type of wire mesh cloth which he used during the attack. Shortly after attempting to restrain the LPN, a guard heard the commotion and intervened to help the nurse.

Smith will be charged with criminal confinement, battery and possession of a dangerous weapon/material. The LPN reported to have sustained only minor injuries.

February 20, 2009

A CHAIN OF EVENTS LEADS TO THE ARREST OF THREE SUSPECTED DRUNK DRIVERS, A SERIOUS CAR ACCIDENT WITH ROLLOVER, AND A FIRETRUCK BEING STRUCK ON INTERSTATE 465 IN INDIANAPOLIS INDIANA

At around 1 a.m. Indianapolis (eastern) time, a SUV's driver apparently lost control of their vehicle causing it to rollover numerous times. In the process, a female passenger was thrown from the vehicle. She was taken to Methodist Hospital in Marion County, Indiana, and was reported in critical condition. The driver was reportedly doing well, but was suspected to have been driving over the legal alcohol limit when he lost control of his SUV.

Upon learning of the one-car accident, a firetruck was dispatch to the scene. While attending to the scene (with lights on), a second vehicle allegedly side-swiped the fire truck. It's driver did not stop; however, was tracked down by police a little further down the road. That driver too was suspected of operating his vehicle while intoxicated.

Prior to completing their investigation and clean-up of the SUV accident, a third allegedly drunk driver apparently stopped his vehicle in the middle of the interstate (rather than going around the emergency vehicles on the scene). State police were suspicious of the activity and suspected they were also driving while intoxicated.

All three drivers were arrested and charged with Driving Under the Influence.

Continue reading "A CHAIN OF EVENTS LEADS TO THE ARREST OF THREE SUSPECTED DRUNK DRIVERS, A SERIOUS CAR ACCIDENT WITH ROLLOVER, AND A FIRETRUCK BEING STRUCK ON INTERSTATE 465 IN INDIANAPOLIS INDIANA" »

February 18, 2009

GARRETT INDIANA FIRE CREWS UTILIZE CRANE TO SAVE MAN FROM SILO


While unloading grain from a silo at the Custer Grain Company in Garrett, Indiana, 55 year-old Melvin Buck was sucked down about 30 feet into grain. Buck reported that the grain fell in like quicksand around him. Emergency crews with the Garrett Fire Department used hoses and buckets to remove the grain away from Buck. He was finally rescued at around 7:30 in the evening.

February 5, 2009

INDIANA STATE POLICE NOW CONFIRM ERROR AND REPORT ONLY TWO DEAD IN HAMILTON COUNTY CAR ACCIDENT ON INTERSTATE 69

Just hours after reporting that a male driver was a third victim in the multi-vehicle pile-up on Interstate 69 just south of Noblesville in Fishers, Indiana on Tuesday morning, Indiana State police confirm that the suspected third decedent had been located in Methodist Hospital. Police blame the magnitude of the accident and the massive number of witnesses and victims as the culprit for the mix-up on information.

February 4, 2009

DEADLY CHAIN REACTION ACCIDENT ON INTERSTATE 69 IN FISHERS, HAMILTON COUNTY, INDIANA, CLAIMS THE LIFE OF A THIRD VICTIM AND FORCES MULTIPLE HOSPITALIZATIONS

A third victim is now reported to have been killed by one of Hamilton County's worst traffic accidents on record. The deadly pile-up, which involved at least 32 vehicles, including 9 semi trucks and a firetruck, occurred around 9 a.m. Tuesday morning. Witnesses reported that a firetruck, which had been helping a slide-off victim, was struck from behind, which in turn lead to a deadly chain of events where cars and trucks alike began piling up on a stretch of Interstate 69 in Fishers, Indiana, which sits adjacent to the Fishers High School in Hamilton County. The National Weather Service reported heavy snowfall that hit Central Indiana (about 3.8 in. in total) just as the morning commute was peaking. Dozens of other accidents were reported throughout the morning in that area and stretching up to Anderson. Indiana State Police blamed most of the crashes on people driving too fast and following other cars too closely in the poor winter weather conditions.

First reports identified two men in a heavy-duty commercial pick-up truck, Dustin R. Goettman, 27, and Ryan A. Phillips, 28, both of Anderson, as having been killed. Later Tuesday evening, police confirmed that a third victim of the accident, which had initially been listed as critical, had succumbed to their injuries.

Travel in the area remained dangerous for most of the day, and a large portion of Interstate 69 remained closed while investigation into the accident continued. Witnesses reported that the fatal pileup began when a southbound car on I-69 slid off the road, and a semi and a fire truck pulled over to help. As the morning commute traffic began stacking in the area, vehicles were unable to slow down and began slamming into one another. Shortly after the first impact, a semi truck reportedly slid sideways and struck several vehicles. By the time the vehicles and impacts slowed down, the motor vehicles involved included 22 passenger vehicles, nine semi trucks and a firetruck.

Continue reading "DEADLY CHAIN REACTION ACCIDENT ON INTERSTATE 69 IN FISHERS, HAMILTON COUNTY, INDIANA, CLAIMS THE LIFE OF A THIRD VICTIM AND FORCES MULTIPLE HOSPITALIZATIONS" »

February 3, 2009

MULTI CAR PILE-UP NEAR FISHERS, HAMILTON COUNTY, INDIANA CAUSES SERIOUS ACCIDENT WITH MULITIPLE INJURIES AND FATALITIES AND FORCES I-69 TO BE SHUTDOWN

Indiana State Police were forced to shut down both directions of nearly 45 miles of Interstate 69 from Fishers in Hamilton County to the Alexandria exit after over 30 cars and semi-tractors were involved in numerous accidents Tuesday, including a deadly chain reaction pile-up in Fishers, Indiana. DOT%20Picture.jpgState police reported that twenty-eight cars and five semi trucks were involved in a chain reaction collision. Two people riding in a semi truck were killed and one person was critically injured. Ten others were taken to nearby hospitals, and police reported multiple entrapments with injuries.

Indiana State Police are blaming weather conditions, speed and drivers following too closely for the deadly chain of events. Police believe the accident started when two vehicles struck a firetruck that was assisting a stranded motorist on the roadside. Those firefighters were not among the reported injured. The accident's initiation point was very close to Fishers High School in Hamilton County, Indiana.

Three of the injured were removed on stretchers. Other witnesses and some of the injured were being taken to Fishers High School to be interviewed and/or treated for minor injuries. Several motorists remained entrapped for over an hour after the accident was first reported. There was also at least one fuel spill from one of the vehicles. Haz-Mat teams were dispatched to assist in clean-up.

Further north on I-69 in Madison County, multiple accidents and pileups were being reported with no resulting serious injuries or fatalities. The accidents involved a stretch of the Interstate from Pendleton to near Ind. 236 east of Anderson.

The sudden snow accumulation that hit the Indianapolis area Tuesday Morning prompted the National Weather Service to issue a winter weather advisory for the southeastern quarter of Indiana. They reported approximately 3.7 inches of snow fell at Indianapolis International Airport in about three hours before 10:00 am.

Continue reading "MULTI CAR PILE-UP NEAR FISHERS, HAMILTON COUNTY, INDIANA CAUSES SERIOUS ACCIDENT WITH MULITIPLE INJURIES AND FATALITIES AND FORCES I-69 TO BE SHUTDOWN" »

February 1, 2009

INDIANA LEGISLATURE SET TO HEAR PROPOSAL ON SMOKING BAN

Indiana Legislatures have proposed to hear public comments on a suggested new bill that would ban smoking in all work environments throughout the State. 946544_no_smoking.jpg Supporters of the new law point to dozens of other states that have already enacted similar laws to this one. They also point to numerous studies that show that the total cost of health care and loss of life attributable to second hand smoke is around $390 million. Opponents, however, note liberty infringement and say a complete smoking ban is overreaching on the part of the legislature.

Neighboring states like Ohio and Illinois already have a version of the smoking ban on their books. In fact, Illinois bans smoking in all buildings open to the public. Their version of the law includes workplaces, bars, restaurants, and even casinos.

Indiana lawmakers are set to hear more about this bill Wednesday morning and have another meeting scheduled the following week. The bill will ultimately have to get through the House of Representatives to find passage.

Continue reading "INDIANA LEGISLATURE SET TO HEAR PROPOSAL ON SMOKING BAN" »

January 28, 2009

CRAWFORD COUNTY INDIANA WOMAN KILLED IN FATAL CAR ACCIDENT ON HIGHWAY 64 NEAR MILLTOWN

Indiana Highway 64 was closed for approximately two hours on Tuesday, while 172434_accident_1.jpg Indiana State Police attended to a fatal car accident that claimed the life of a Marengo woman. According to initial reports, 36-year-old Suzanne M. Mosson lost control of her car on a snow-packed Indiana Highway 64 at about 1:30 p.m. Mosson's car reportedly spun out of control and collided with another car driven by a Milltown man. Mosson was pronounced dead at the scene. The other driver wasn't injured. Accordingly to police, both drivers were wearing their seat-belts.

Continue reading "CRAWFORD COUNTY INDIANA WOMAN KILLED IN FATAL CAR ACCIDENT ON HIGHWAY 64 NEAR MILLTOWN" »

January 27, 2009

INDIANA ICE AND SNOW MAKES FOR FATAL DRIVING CONDITIONS AND CAUSES NUMEROUS CAR ACCIDENTS AND SLIDE OFFS

The Honey Creek Fire Department and Vigo County Sheriff’s Deputies responded to a95448_accident_3.jpg head-on collision at about 8 p.m. on Indiana Highway 63, just south of the Federal Correctional Complex near Ryman Drive. Four individuals were sent to the hospital by ambulance. Initial investigation indicated that a southbound pickup truck collided with a northbound car right towards the middle of the highway.

During a twelve hour period starting at the beginning of work commutes, the Indiana State Police reportedly responded to three slide-off accidents and 10 other car and truck accidents. Only two of the 10 accidents were reported to involve injuries. The Vigo County Sheriff’s Department had similar results and responded to two slide-offs and 13 accidents. Of those accidents, four were reported to have involved injuries.

State Police in the Bloomington District announced a Level 2 warning for travelers, which means conditions are threatening to the safety of the public and only essential travel should be made. Monroe, Owen, Greene, Lawrence and Brown counties fall into the Bloomington District.

Continue reading "INDIANA ICE AND SNOW MAKES FOR FATAL DRIVING CONDITIONS AND CAUSES NUMEROUS CAR ACCIDENTS AND SLIDE OFFS" »

January 26, 2009

WAYNE COUNTY INDIANA MAN KILLED IN CAR ACCIDENT ON FLORIDA HIGHWAY

Autrey Lunsford, 70, of Cambridge City, Indiana, was killed Monday night while driving a 2001 Lincoln Town Car eastbound on U.S. 90 in Gadsen County, Florida, in the inside eastbound lane at about 9:41 p.m. According to the Florida Highway Patrol, Lunsford was traveling at a high rate of speed and above the posted speed limit.

Based on preliminary police reports, Michelle Mann, 48, of Midway, Florida, was driving a 2000 Ford Taurus eastbound on U.S. Highway 90 in the outside eastbound lane. Lunsford's car apparently entered Mann's lane and struck Mann's car on its side. Reports indicated that Lunsford's Lincoln then continued east onto the southbound grass shoulder of U.S. Highway 90, and began to rotate clockwise. His Lincoln then struck several pine trees on the driver's side, coming to rest facing southwest. Mann's Taurus came to rest on the southbound grass shoulder of U.S. 90 facing east.

Lunsford was taken to Tallahassee Memorial Hospital, where he was pronounced dead.

Continue reading "WAYNE COUNTY INDIANA MAN KILLED IN CAR ACCIDENT ON FLORIDA HIGHWAY" »

January 25, 2009

INDIANA NURSING HOMES CONCERNED ABOUT NEW FEDERAL CARE RATINGS

When the CMS issued its new ratings in December, 2008, about 22 percent of the nation's nearly 16,000 nursing homes received the 880557_serious_case_.jpg
federal government's lowest rating under the new five-star rating system , while only 12 percent received the highest ranking possible.

The acting administrator for the Centers for Medicare and Medicaid Services, Kerry Weems, said the agency was merely taking existing data already on the agency's Web site and facilitating its use for patients and families. He said it can be difficult for people to understand all the aspects of an inspection, but "[t]his should help consumers in narrowing their choices, but nothing should substitute for visiting a nursing home when making a decision".

Under the new system, five stars means a nursing home ranks much above average, four stars indicates an above average ranking, three stars means average, two is below average and one is much below average. The rankings will be updated quarterly, and the CMS is already getting a lot of flack from the nursing home industry. Many facilities believe the system is just not easily applied under the current investigative process conducted by the states. The key argument in this is that each state has their own subjective process by which they review facility performance.

The system "is poorly planned, prematurely implemented and hamhandedly rolled out," said Larry Minnix, president and chief executive officer of the American Association of Homes and Services for the Aging.

Countering this, however, was Alice H. Hedt, executive director of the National Citizens' Coalition for Nursing Home Reform. She noted, "[f]rom a consumer viewpoint, it's not stringent enough... It's basically taking information already available on Medicare's Nursing Home Compare Web site and pulling it into an easier system for consumers to use, and that is a good thing."

Still, both consumer watch groups and the CMS believe that the system cannot be a substitute for personal inspection and investigation.

In rating the nursing homes, CMS used three year's worth of inspections which were recorded on an annual survey designed to measure how well homes protect the health and safety of their residents.

Continue reading "INDIANA NURSING HOMES CONCERNED ABOUT NEW FEDERAL CARE RATINGS" »

January 23, 2009

MONTICELLO ASSISTED LIVING AND HEALTHCARE AND WHISPERING PINES AMONGST WHITE COUNTY NURSING HOMES RATED UNDER NEW INDIANA AND FEDERAL FIVE STAR SYSTEM

The Centers for Medicare and Medicaid Services (CMS) recently released a new five-star rating system to rank every nursing facility in the country. Two White County Indiana nursing homes came in at opposite ends under the new system. Monticello Assisted Living and Healthcare was given a one-star rating (the worst under the new system) while Whispering Pines received the second to highest rating, four-stars. The ratings were released in December and updated January 15th.

Nearly 28 percent of Indiana's nursing facilities were given one star, the lowest rating. By far, the most troubling area for these facilities was the staffing review. The new rating system uses the national database called the Minimum Data Set (MDS) Repository, which is information collected at intervals on every nursing home resident, and government surveys gathered on each facility. In Indiana, the government surveys are conducted by the Indiana State Department of Health (ISDH). The state summarizes their surveys into report cards on each facility.

Whispering Pines received a score of 184 while Monticello Assisted Living and Healthcare scored 164 under the comprehensive totals. These numbers both compare relatively well compared to the Indiana state average of 193 (the lower the score the better).

The CMS quality-rating system looks at three primary areas: health inspections, staffing and quality measures. Whispering Pines scored four stars in staffing while Monticello Assisted Living and Healthcare scored one star.

Continue reading "MONTICELLO ASSISTED LIVING AND HEALTHCARE AND WHISPERING PINES AMONGST WHITE COUNTY NURSING HOMES RATED UNDER NEW INDIANA AND FEDERAL FIVE STAR SYSTEM" »

January 22, 2009

INDIANA NURSING HOMES ATTEMPTING TO MAKE PATIENTS WAIVE THEIR LEGAL RIGHTS RELATED TO ABUSE OR NEGLECT

As the number of reports and claims of nursing homes abuse and neglect has continued to rise in the last several years, many states have begun enacting consumer protection laws to assist the elderly and their families. 1057588_hospital_corridor.jpgThese measures have the added intention of holding nursing home facilities accountable for deficient care which leads to abuse, injury, or in some cases, death.

In an effort to circumvent these consumer protection acts and avoid the accountability to which the Federal and state legislatures sought, nursing homes are simply seeking to have clients waive their legal entitlements set forth by the very legislation intended to protect them. In my practice, I have recently had several reports and seen numerous attempts by long term facilities to have new patients execute forms which purport to force claims of abuse or neglect to an arbitration process, or in some cases, seek to entirely release facilities from any potential claim. While the validity of such releases or arbitration mandates have yet to be substantially challenged or contested by the way of case law, their effect to intimidate or at least slow the wheels of justice cannot in honest spirit be discounted.

New patients and their families (including those holding power of attorney or guardianship), must be extremely cautious when executing or approving the execution of documents. All documents should be carefully reviewed, and when necessary, nursing homes or their executive administrators should be questioned about their intent and purpose. No facility or ownership entity can justify a peremptory release of legal rights or even a mandate for arbitration. In either case, patients and their families should question the motive of the documents, and without legal consult, should not execute any documents which purport to restrict a patients legal recourse. Facilities that provide appropriate care should not fear the responsibility and accountability recent consumer protection laws set forth; rather, facilities providing quality care should simply view these laws as a validation or written memorial of the quality assurance process they already have in place.

Continue reading "INDIANA NURSING HOMES ATTEMPTING TO MAKE PATIENTS WAIVE THEIR LEGAL RIGHTS RELATED TO ABUSE OR NEGLECT" »

January 21, 2009

NURSING HOME ABUSE AND NEGLECT PLACES MINNESOTA TEENS IN HOT WATER

In early December, 2008, a group of teenagers working at a Minnesota nursing home (two of which are pictured below), were charged with allegations of abuse and sexually humiliation of elderly residents, many of which were suffering from dementia or other mental disorders.1202081inside1.jpg Prosecutors contend that six young females were involved in the despicable activity and were named in criminal complaints filed December 1st charging them with cruel behavior at the Good Samaritan Society nursing home, which is located in Albert Lea, Minnesota.

Only two of the girls charged are identified by name as they were not minors at the time the abuse was alleged to have occurred. Brianna Broitzman, 19 (pictured above left), and Ashton Larson, 18 (above right), were two of six alleged to have spat upon, spanked, improperly touched, and tormented residents earlier this year. According to prosecutors, Broitzman allegedly poked one resident's breasts, spit into the mouth of another elderly person, and "put her bare butt" in the face of a resident. Larson was alleged to have once "inserted her finger into a resident's rectum," spit water on another "vulnerable adult," and would deliberately bathe a resident in a rough manner so the elderly man would get an erection. The 4 minors were identified in the complaints by their initials and dates of birth. Broitzman alone was charged with 11 criminal counts, and Larson was charged with 10 counts. Each face up to a year in jail for each count.

Continue reading "NURSING HOME ABUSE AND NEGLECT PLACES MINNESOTA TEENS IN HOT WATER" »

January 20, 2009

TWO ILLINOIS RESIDENTS KILLED IN CAR ACCIDENT WITH SEMI TRUCK ON INTERSTATE 70 IN HENRY COUNTY INDIANA JUST EAST OF INDIANAPOLIS

The Henry County Indiana Sheriff's Department reported that 31-year-old Timeka Felton and 12-year-old Justin Boxley of Kankakee, Illinois, were killed and two others injured when their car struck the rear of a semi truck and trailer just after 7 a.m. on Thursday. The two were pronounced dead at the scene.

Also injured, Nicholas Felton, 38 of Kankakee, Illinois. He was initially taken to Henry County Memorial Hospital in New Castle. He was later transferred to Methodist Hospital in Indianapolis. Mya Jackson, 6, another passenger in the vehicle, was taken by life flight to Methodist Hospital in Indianapolis.

According to their initial investigation, police believe the semi tractor was eastbound when it collided with a different passenger vehicle. It was believed that the semi driver then stopped his truck in the left lane, at which time the Felton vehicle slammed into the right rear of the trailer becoming pinned underneath it. Police do not believe that weather was a factor in the accident.

Continue reading "TWO ILLINOIS RESIDENTS KILLED IN CAR ACCIDENT WITH SEMI TRUCK ON INTERSTATE 70 IN HENRY COUNTY INDIANA JUST EAST OF INDIANAPOLIS" »

January 19, 2009

INDIANA STATE POLICE TROOPER INJURED IN CAR ACCIDENT ON INTERSTATE 70 NEAR MOORESVILLE INDIANA

Indiana State Police trooper, Shaun Rawlins, 25 suffered minor injuries Sunday while patrolling eastbound I-70, 95447_accident_2.jpgwhen his cruiser came across ice near the 51 mile marker and struck a guardrail.

Rawlins, a relatively new trooper joined the Indiana State Police in December 2007, and is stationed out of the Putnamville State Police Post. According to reports, Rawlins suffered injuries to his back and was transported to Hendricks Regional Health for treatment. He was reportedly then released to recover at home.

January 18, 2009

GRANT COUNTY INDIANA NURSING HOME FACILITIES DINGED ON NEW FEDERAL FIVE STAR RATING SYSTEM

A new Department of Health and Human Services' five-star system for rating nursing homes has placed all six Grant County Indiana nursing home facilities amongst the worse in the country.128071_waiting_room.jpg All six facilities, including Colonial Oaks Health Care Center in Marion, Miller’s Merry Manor in Marion, Park Villa in Marion, Twin City Health Care in Gas City, University Nursing Center in Upland and Wesleyan Health Care Center in Marion received the lowest possible rating, one star.

All six Grant County nursing homes were ranked below average on their composite score which is based on local health inspections, staffing and quality measures. In looking to the details of the ratings, University Nursing Center in Upland lead the six Grant County facilities with a score of 232. While leading the Grant County, University Nursing Center was nicked for environmental concerns which, according to their administrators, was likely due to the aging of their facility.

The lowest score amongst the Grant county facilities was garnered by Twin City Health Care. Although showing some moderate improvements, the facility administrators apparently blamed the evaluation process for their poor results. A spokeswoman for the facility, Mandel, noted that she was critical of the way the state composes the report cards, noting that it’s too focused on paperwork and ignores the quality of resident care. Local media reports quoted her saying, “I’d rather have hands-on care than documentation,” she said. Overall, Mandel said, she thought the Twin City staff was doing well. She believes administrators are listening to feedback and will continue to improve their facility.

The following is the comprehensive scoring for the six Grant County Indiana facilities (the higher the score.....the worse the rating). The Indiana State Average was 194:

University Nursing Center: 232
Miller’s Merry Manor, Marion: 246
Colonial Oaks Health Care Center: 278
Park Villa: 344
Wesleyan Health Care Center: 397
Twin City Health Care: 729

Continue reading "GRANT COUNTY INDIANA NURSING HOME FACILITIES DINGED ON NEW FEDERAL FIVE STAR RATING SYSTEM" »

January 17, 2009

PRESIDENT AND CEO OF INDIANA ASSOCIATION OF HOMES AND SERVICES FOR THE AGING REBUTS THE NEW CMS FIVE STAR RATING SYSTEM

In a letter to the Editor of the Indianapolis Star Newspaper, President and CEO of the Indiana Association of Homes and Services for the Aging, Jim Leich, wrote the following retort to a January 6, 2009, article titled, "Indiana nursing homes rated among worst.

Amongst other things, the article attempted to counter the very poor ratings his organization and several Indiana Nursing homes received under the CMS new five-star rating system. According to Federal Government officials, the system was put into place to create accountability for the facilities and help end consumers make good choices in the homes they choose for their family of loved ones:

Continue reading "PRESIDENT AND CEO OF INDIANA ASSOCIATION OF HOMES AND SERVICES FOR THE AGING REBUTS THE NEW CMS FIVE STAR RATING SYSTEM" »

January 16, 2009

SCHERERVILLE INDIANA SEMI TRUCK DRIVER CHARGED WITH FIVE COUNTS OF HOMICIDE IN CONNECTION WITH A CRASH THAT KILLED FIVE PEOPLE AND INJURED OTHERS

Michael John Kozlowski, 23, of Schererville, Indiana, was charged Thursday with five counts of homicide in connection to a crash he allegedly caused while operating a semi truck and trailer. Prosectors charge that Kozlowski's reckless driving and falling asleep behind the wheel of a semi truck killed five people, including the Chippewa Falls band director, Douglas Greenhalgh, 48; his wife Therese, 51; and their 11-year-old granddaughter, Morgan Greenhalgh. The driver of the bus, Paul Rasmus, 78, and student teacher Brandon Atherton, 24, were also killed. Several students were also injured on the bus carrying the high school band home from a weekend competition. According to Wisconsin State Police, the charter bus filled with 44 students, teachers and chaperones from Chippewa Falls High School, plowed into Kozlowski's semi trailer that had overturned and jackknifed on the highway, blocking both lanes. In total, Kozlowski was charged with 11 felony counts of reckless driving causing great bodily injury and nine misdemeanor counts of reckless driving causing injury.

According to prosecutors, the night before the crash (October 14, 2008), Kozlowski stayed out late partying. He then took off from Indiana and was reportedly driving erratically before falling asleep. Apparently, Kozlowski had veered of the road after crossing into Wisconsin and then over-corrected causing the truck to overtun on Interstate 94. Two witnesses apparently support the prosecutors version of Kozlowski's driving.

The complaint filed by Wisconsin Prosecutors cited information from Kozlowski's truck's global positioning system, and indicated he traveled to an Indiana tavern Oct. 14 to attend a going away party for a co-worker. Tavern witnesses reported that Kozlowski was at the tavern until closing time early Oct. 15th. Those witnesses also told investigators Kozlowski was drinking hard liquor at the Indiana tavern, but there is no mention in the complaint on any blood-alcohol test that may have been performed.

According to state law, the maximum penalty for Kozlowski on each of the homicide charges is 10 and a $25,000 fine. Kozlowski faces up to 3 1/2 years in prison and fines of up to $10,000 on each of the felony reckless driving count, and up to a year in prison and $2,000 fine on each misdemeanor count.

An investigation by the National Transportation Safety Board also found possible problems with the brakes on the bus; however, the agency believes a lack of skid marks on the interstate may, however, indicate that the bus driver did not have time to stop.

Continue reading "SCHERERVILLE INDIANA SEMI TRUCK DRIVER CHARGED WITH FIVE COUNTS OF HOMICIDE IN CONNECTION WITH A CRASH THAT KILLED FIVE PEOPLE AND INJURED OTHERS" »

January 15, 2009

76 YEAR OLD PLAINFIELD MAN KILLED IN ACCIDENT WITH SALT TRUCK

Melvin A. Trent, a 76-year-old Plainfield resident, was killed Tuesday when his westbound 1998 Ford Taurus crossed the center line and crashed into a Hendricks County Highway Department salt truck near County Road 300 East in Danville, Indiana.

The Highway Department salt truck was driven by John L. Baumunk, 70, of Lizton, and was travelling eastbound. Mr. Trent was pronounced dead at the scene. Baumunk was not reportedly injured. Police do not know why Trent's vehicle left his lane, and the Hendricks County Sheriff's Department was still working to determine the cause of the accident.

January 14, 2009

FISHERS BUSINESSMAN APPREHENDED BY US MARSHALLS IN FLORIDA WILL NOW FACE HAMILTON COUNTY INDIANA PROSECUTION

According to new media reports, the Fishers Indiana business man who attempted to fake his own death by jumping from a turbo-prop single engine plane on Sunday has been apprehended by U.S. Marshals. Marcus%20Schrenker.jpg

Indiana authorities will now seek to have him brought back for prosecution to answer to charges filed in Hamilton County Superior Court in Indiana. On Tuesday morning, Hamilton County prosecutors filed an Affidavit for Probable Cause and an Arrest Warrant citing allegations of investment fraud.

Marcus Schrenker, 38, an Indianapolis suburb financial investor, was discovered late Tuesday at a northern Florida campground. Just two days prior, Schrenker had apparently tried to fake his own death in a plane crash. Schrenker owned the plane he jumped from and is reported to have been a very accomplished pilot with video demonstrations appearing across the web showing him flying at over 200 mph beneath a bridge. Authorities believe Schrenker parachuted to the ground and later sped off on a motorcycle that he had previously stashed away in a central Alabama storage facility.

At the time of his arrest, Schrenker had reportedly sustained a self-inflicted gash just below his elbow and extending to his wrist. The US Marshall's office indicated that he was airlifted to Tallahassee Memorial Hospital, where he was listed in fair condition early Wednesday.

Although evidence was still being investigated, by all accounts Schrenker's activity revealed a well-orchestrated chain of events apparently intended to fake his death and run away from looming legal action. Prosecutors in Hamilton County Indiana had been investigating financial fraud. Schrenker%27s%20Business.jpg
Authorities reportedly served a warrant on New Year's eve, just one day following a Petition for divorce that was filed by Schrenker's wife. An Indiana Department of Insurance investigation was apparently probing three Schrenker businesses that had been under a cloud of suspicion after angry investors accused him of stealing investments and taking unauthorized commissions.

At 38, Schrenker had amassed what appeared to be an impressive accumulation of wealth. He collected luxury automobiles, owned two airplanes and lived in a 10,000-square-foot lake house in an upscale Indianapolis suburb neighborhood known as "Cocktail Cove," where affluent boaters often socialize with cocktails in hand.

January 13, 2009

PLENTY OF BAD BLOOD BETWEEN MARCUS SCHRENKER AND HAMILTON COUNTY INDIANA PROSECUTOR

While Marcus Schrenker continues to make national headlines for his D.B. Cooper impression, few media outlets are reporting his prior ties with the Hamilton County Prosecutor's Office. Schrenker%20and%20his%20wife.jpg

According to Court records, Schrenker and his wife filed suit in the Federal Court of the Southern District of Indiana in 2005 against the Hamilton County Sheriff's Department, the Hamilton County Prosecutor, Sonia Leerkamp, and the Town of Fishers, as well as an individual deputy prosecutor and Sheriff employees. In their FEDERAL LAWSUIT, as filed by Indianapolis Attorney, Jeffrey McQuary, Schrenker alleged that he was wrongfully detained, arrested, and physically and emotionally injured following an incident with a motorcycle.

According to the lawsuit, Hamilton County Sheriff Deputy, Donald Ball, wrongfully and forcefully arrested Schenker on allegations that he was illegally operating a motorcycle near his then McCordsville, Indiana, home. Along with these allegations, the lawsuit also referenced harassment by the Hamilton County Prosecutor and a Deputy Prosecutor in an attempt to avoid reporting the Sheriff's Deputy's actions. According to Court records, the case was dismissed in 2007.

Continue reading "PLENTY OF BAD BLOOD BETWEEN MARCUS SCHRENKER AND HAMILTON COUNTY INDIANA PROSECUTOR" »

January 12, 2009

INDIANAPOLIS INDIANA BUSINESSMAN FAKES HIS OWN DEATH WITH PLANE ACCIDENT

A Hamilton County Indiana Judge agreed to freeze the assets of pilot and Indianapolis businessman, Marcus Schrenker, 38, following an alleged attempt to fake an emergency with his single engine airplane, and then parachute from it before it crashed in a swampy area a few hundred yards from a residential neighborhood in the Florida panhandle. The temporary Order was issued in conjunction with an Affidavit for Probable Cause and an Arrest Warrant filed by the Hamilton County Prosecutor's Office on Tuesday.

According to police, Schrenker's financial businesses were under investigation by the Indiana Department of Insurance. Preliminary investigations indicate that Schrenker exited his small plane before it crashed, and later checked into a hotel in Alabama under a fake name before putting on a black cap and fleeing into nearby woods.

According to local media reports, the US Marshall's office has been dispatched to locate Schrenker; however, details of the search were not yet being released to the public. Airport officials at the Anderson Municipal Airport in Anderson, Indiana, indicated that Schrenker left the airport by himself on Sunday in a six-seater Piper PA-46. At the time of the incident, records indicate that Schrenker was president of three Indianapolis financial agencies called Heritage Wealth Management, Heritage Insurance Services, and Icon Wealth Management, all Indianapolis based organizations sharing the same address. According to the Indiana Secretary of State's Office, those three companies were under investigation for possible securities violations at the time of Schrenker's disappearance.

Officials believe the plane crashed at 9:15 p.m. CT on Sunday in a swampy area off the Blackwater River in East Milton, Florida. According to reports, Schrenker made a distress call to air traffic controllers indicating that the window of his plane had imploded and he was bleeding profusely. Controllers tried to tell the pilot to divert the flight to Pell City, Alabama, but he did not respond.

After the call came in, military aircraft were dispatched to intercept the plane. The pilots spotted the Piper and deployed flares to illuminate the plane as it was flying, but noticed that its door was open and the cockpit was dark. Meanwhile, Schrenker was reportedly more than 220 miles north of the crash site in Alabama. Hotel%20Receipt.jpg Officials in Florida received a call on Monday from the Childersburg, Alabama Police Department indicating that a white male fitting the description of Schrenker had approached a Childersburg's police officer, and indicated that he had been in a canoeing accident with friends. According to reports, Schrenker's pants were wet from the knees down. According to a police news release, Schrenker also had parachuting goggles and his own Indiana Driver's License with him.

At the time Schrenker approach them, Childersburg police had not been advised of the plane crash. Per his request, they took Schrenker to a nearby hotel. When reports of the crash came in, police went back to the hotel and entered Schrenker's room but he had already left. According to hotel staff, Schrenker paid for the room with cash and checked in with a fake name.

Continue reading "INDIANAPOLIS INDIANA BUSINESSMAN FAKES HIS OWN DEATH WITH PLANE ACCIDENT" »

January 11, 2009

INDIANA DEPARTMENT OF INSURANCE RELEASES 2007 INDIANA WORKER'S COMPENSATION STATISTICS

The Indiana Department of Labor is reporting that 62,326 claims involving one or more days of missed work were filed in 2007. Of those claims, 92 fatalities were reported. 172435_accident_2.jpg

17,724 agreements to compensation were filed with the Board. Of those agreements, 9,860 were TTD (Temporary Total Disability) agreements and 7,864 were PPI (Permanent Partial Impairment) agreements

1,665 requests were made for independent medical examinations.

5,971 applications for disputed claims were filed, with 3,203 claims closed by agreement between the injured worker and the worker's compensation insurance carrier. Those 3203 claims were not necessarily claims filed in 2007.

Continue reading "INDIANA DEPARTMENT OF INSURANCE RELEASES 2007 INDIANA WORKER'S COMPENSATION STATISTICS" »

January 10, 2009

INDIANA MAY RECONSIDER STATEWIDE SMOKING BAN

The last time a smoking-ban bill was introduced in Indiana, the measure did not even make it out of a legislative committee. 946544_no_smoking.jpg

This may be in part due to Indiana's number 6 rating as the highest adult smoking state in the country. Thirty states across the country have now enacted a version of smoke-free provisions. Despite Indiana's holdout, supporters of a smoking ban believe the current economic and social environment may make the issue ripe for passage of a bill.

Currently, several cities throughout the State have enacted their own varying smoking bans. But critics say that prohibiting smoking in private enterprises infringes on individual rights. Numerous hospitality sectors of the economy are anticipated to put up a big fight, including the casino, bar and restaurant industries.

Continue reading "INDIANA MAY RECONSIDER STATEWIDE SMOKING BAN" »

January 9, 2009

SINGLE CAR ACCIDENT ON INTERSTATE 69 NEAR PENDLETON, MADISON COUNTY, INDIANA CLAIMS THE LIFE OF BALL STATE STUDENT

Sarah Woodruff, a 20-year-old Ball State Student, was killed in a single vehicle accident on Interstate 69 near Pendleton in Madison County. According to police reports, Woodruff was believed to have been text messaging on her cell phone just before her SUV rolled several times and throwing her out of the vehicle. Preliminary investigation revealed that Woodruff was not wearing her seat belt and may have been speeding at the time she lost control of her vehicle.

Indiana State Police believe that Woodruff's accident was due to driver inattention and cite cell phone use as a contributing factor in the crash.

Continue reading "SINGLE CAR ACCIDENT ON INTERSTATE 69 NEAR PENDLETON, MADISON COUNTY, INDIANA CLAIMS THE LIFE OF BALL STATE STUDENT " »

January 8, 2009

INDIANA NURSING HOMES AMONGST THE WORSE IN THE COUNTRY IN STAFFING AND SUBSTANDARD CARE

Recent data released by the Centers for Medicare & Medicaid Services indicate that Indiana Nursing Homes now rate among the 10 worst in the nation. 833821_hands.jpg Under the CMS' new ranking system, nearly 28 percent of the state's nursing homes received a one star rating, which is CMS' worst rating under their five star system. Only six states had a higher percentage of substandard nursing homes.

According to the CMS website, the Five-Star Quality Rating System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions. This rating system is based on continued efforts to improve nursing home care as a result of the Omnibus Reconciliation Act of 1987 (OBRA '87), a nursing home reform law, and more recent quality improvement campaigns such as the Advancing Excellence in America’s Nursing Homes, a coalition of consumers, health care providers, and nursing home professionals.

Nursing home ratings are taken from the following three sources of data:

Health Inspections
Staffing
Quality Measures

More stars are better.

***** Much Above Avg.
**** Above Avg.
*** Average
** Below Avg.
* Much Below Avg.

Continue reading "INDIANA NURSING HOMES AMONGST THE WORSE IN THE COUNTRY IN STAFFING AND SUBSTANDARD CARE" »

January 7, 2009

ICY ROADS THROUGHOUT ILLINOIS AND INDIANA CAUSE NUMEROUS CAR ACCIDENTS AND AT LEAST ONE FATALITY

Illinois State Police near Pesotum, Champaign County, Illinois, confirmed a motor vehicle accident on Interstate 74 did involve at least one fatality. The accident reportedly took place near mile marker 213.

Illinois State Police closed the westbound lanes of Interstate 74 as a result of the one-vehicle accident. The crash was just one among many on I-74, and numerous city, county and rural roads.

Indiana Icy Roads

The Sheriff's Department in Vermilion County, Illinois reported that a number of cars were in ditches, but no serious injuries or problems had occurred by that time. Illinois State Police troopers reported as many as 10 crashes involving property damage and 50 reports of vehicles that had slid off the roadway and into the ditch in district 10 near Champaign.

The weather also succeeded in giving drivers in Indiana a few headaches earlier this morning. Indiana State Police reported numerous slide-offs on I-74 and along Indiana Route 63 in Vermillion County, Indiana. The Vermillion County Sheriff's Department also responded to a couple slide-offs this morning, but no injuries were reported to be related to the accidents. Sheriff's departments in Fountain County and Warren County Indiana were not reporting any incidents as a result of the icy conditions.

Continue reading "ICY ROADS THROUGHOUT ILLINOIS AND INDIANA CAUSE NUMEROUS CAR ACCIDENTS AND AT LEAST ONE FATALITY" »

January 6, 2009

SINGLE CAR MOTOR VEHICLE ACCIDENT CAUSES DEATH OF TWENTY YEAR OLD IN SOUTHERN INDIANA

A fatal accident and numerous collisions were the product of icy roads throughout central Indiana on Tuesday. The fatal accident involved a twenty-year-old Petersburg woman driving on Indiana State Road 57 near Evansville.

The Gibson County Sheriff's Department reported that the vehicle driven by Eboney Star Alvey, of Petersburg apparently went out of control while driving on a railroad overpass near Oakland City in the early hours Tuesday. According to police reports, Alvey's vehicle collided with a truck in the opposite lane. Witnesses reported her vehicle then burst into flames. Portions of Interstate 65 were temporarily closed in the Seymour and Columbus areas to allow salt trucks to catch up on roadway treatments.

Continue reading "SINGLE CAR MOTOR VEHICLE ACCIDENT CAUSES DEATH OF TWENTY YEAR OLD IN SOUTHERN INDIANA" »

January 5, 2009

INDIANA COUPLE KILLED IN SINGLE ENGINE PLANE CRASH

An accident involving a 1974 Piper single-engine plane claimed the life of a Northern Indiana couple. According to media reports, 64 year-old Lowell Owens and 51 year-old Susan Owens were killed when their plane went down in eastern Tennessee while returning home from Gatlinburg, Tennessee. The aircraft went down on Saturday near Washburn, Tennessee, which is approximately 35 miles northeast of Knoxville.

According to the Federal Aviation Administration's investigation, the Owens' were flying home to Warsaw, Ind., when the accident occurred. The FAA is still attempting to determine the cause of the flight's doom.

Continue reading "INDIANA COUPLE KILLED IN SINGLE ENGINE PLANE CRASH" »

January 4, 2009

FEDERAL AND INDIANA NURSING HOME LAWS PLACE POWER IN THE HANDS OF FAMILY MEMBERS

Placing your loved one in a reputable long-term care facility is just the first step in ensuring they are well cared for. 1057588_hospital_corridor.jpgRegardless of complaints or sanctions found during state and federal inspections (be they few or many), residential facilities are often understaffed. This fact in concert with the advanced needs of elder patients can create a worrisome environment. As an advocate for your loved one, you've got federal (and sometimes state) law on your side to insist that your relative or friend gets the quality of care they deserve. The Code of Federal Regulations (CFR) and your state law contain many protections.

The following are just a sample from the Code of Federal Regulations:

Care Plans
Each nursing home resident is entitled to a personalized "care plan," that addresses their respective medical and safety needs. This plan must have an anticipated goal of ensuring a resident/patient maintains their highest practicable physical, mental and psychosocial well being. Federal law requires that facilities do a full assessment of a resident's condition within 14 days of admission, and at least every 12 months thereafter. A care plan should include measurable objectives and timetables.

Visiting Hours
In my experience with friends or family members that have loved ones in nursing homes, it is not at all uncommon for facilities to put forth the idea that Family can only visit during visiting hours. Not only is this mendacious, Federal legislation actually specifically prohibits such rules. 42 CFR 483.10(j) allows immediate family the right to visit at any time. In fact, we often advise clients to visit during off-hours so that they can perceive their loved one's environment when staff members aren't expecting visitors.

Skilled Care or Rehabilitation Services
In the past, we have had clients tell us that their parents' nursing home facility has terminated skilled care or rehab services because their Mom or Dad weren't making progress. Again, however, this is contrary to federal and often times, state law. Assuming that the resident would benefit from such services, a facility is charged with trying to maintain their condition regardless of progress. All facilities are required to make sure that a person's ability to carry out activities of daily living doesn't deteriorate. The only exception would be if the individual's medical condition deteriorates to such an extent that termination of the activity is in their better interest.

Continue reading "FEDERAL AND INDIANA NURSING HOME LAWS PLACE POWER IN THE HANDS OF FAMILY MEMBERS" »

January 3, 2009

NEW INDIANA PROPOSAL WOULD CUT FUNDING FOR NURSING HOMES THAT SCORE POORLY ON STATE INSPECTIONS

Under a new proposal the Indiana Family and Social Services Administration plans to pursue in 2009, nursing homes scoring higher on their State and Federal inspections would be rewarded with higher Medicaid payments while those that don't could suffer cuts. 634596_pills.jpg The Indiana FSSA disputes that this is just a cost-saving measure noting that they would have pushed for this proposal regardless of the economic condition. To effect the plan, however, the FSSA must have the policy established through a rule-making process that requires a public hearing and economic evaluations. That will likely take about six months. Despite this, the discussion could be usurped by lawmakers, who are expected to have several bills dealing with nursing home reimbursements and inspections when they return to the Statehouse later this month.

Proposed changes face objection by the Indiana Health Care Association

The Indiana Health Care Association is a group that, among other things, serves as a lobbying mechanism for Indiana nursing homes. The Association has cited a number of objections and proposed changes to the FSSA proposal. Local media reported the association's president, Stephen Smith, as saying "[w]e completely agree with the intent [of the FSSA proposal]". "But we think there's more discussion to be had about the actual approach." The proposal is part of a larger plan by FSSA to adjust to weakening state revenue and put more recipients into plans that manage health costs so that more spending is matched by Federal dollars.

Continue reading "NEW INDIANA PROPOSAL WOULD CUT FUNDING FOR NURSING HOMES THAT SCORE POORLY ON STATE INSPECTIONS" »

January 2, 2009

INDIANA NURSING HOME RESIDENT DIES AFTER CATCHING FIRE IN WHEELCHAIR

An Indiana Nursing home resident, Rodney Kenney, died after catching fire while sitting in his wheelchair at Regency Place, a Dyer, Indiana, Lake County, nursing home. Rodney Kenney, 72, died at a Chicago hospital where he was treated for burns. State Inspectors say the Alzheimer's patient was severely burned when his clothing caught fire as he sat in a wheel chair. Authorities say they found a cigarette lighter near Kenney, but that he was not a smoker. In fact, state law prohibits smoking in nursing homes and patients are not allowed to possess smoking materials.

Continue reading "INDIANA NURSING HOME RESIDENT DIES AFTER CATCHING FIRE IN WHEELCHAIR" »

January 1, 2009

INDIANA DEPARTMENT OF TRANSPORTATION IS TESTING NEW CABLE SYSTEM TO PREVENT FATAL CROSSOVER VEHICLE ACCIDENTS

The Indiana Department of Transportation (INDOT) has been testing high tension cable barriers on two stretches of Indiana interstate for about 2½ years. In late 2005, barriers were installed on Interstate 65 between Zionsville and Lebanon and on Interstate 69 between Noblesville and Anderson. 1035937_trip_road_2.jpg In the three years prior to those installations, the INDOT reported that the same two sections of Interstate combined had 12 fatal crashes, 11 serious injury accidents, and 69 accidents involving injury.

The13-mile test section on I-65 was hit 69 times within the first eight months of its installation; however, there were no vehicles permitted to pass through the barrier and there were no serious injuries in the crashes where the barrier was struck. The cable barrier stopped also stopped at least one semi tractor-trailer.

Beyond those initial eight months, the success of the barriers have continued. Since their installation, those same stretches have had no fatal crashes, five serious accidents and only 13 accidents involving injury. INDOT reported this as an 84 percent reduction in fatalities and accidents involving injury. Most importantly, the cable barrier has provided a 100 percent stoppage of vehicles crossing the median. The success of these test sections has prompted an increase look on the part of the INDOT to place additional barriers throughout the State. Areas of increased risk and high volume accidents are set to get attention first.

Continue reading "INDIANA DEPARTMENT OF TRANSPORTATION IS TESTING NEW CABLE SYSTEM TO PREVENT FATAL CROSSOVER VEHICLE ACCIDENTS" »

December 30, 2008

SEMI TRUCK ACCIDENT CAUSES AREAS OF MUNCIE IN DELAWARE COUNTY, INDIANA TO LOSE POWER

State Road 28 in Muncie, Delaware County, Indiana, was closed after a semi-truck hauling pigs knocked out power when it left the highway and struck several power poles. Power was knocked out for more than eight hours Friday night when the semi tractor-trailer being driven by Brian Cagle, 22, Lebanon, Ohio, lost control of the vehicle. Cagle told police the trailer swayed causing his truck to run off the road and strike four utility poles. The single vehicle incident occurred at around 4:37 p.m. near Delaware County Road 100 West.

A resident near the accident site reported that the power outage lasted nearly nine hours and kept the highway closed past midnight. While emergency and power crews attended to the scene, another vehicle ran off the road to avoid colliding with the disabled truck.

Continue reading "SEMI TRUCK ACCIDENT CAUSES AREAS OF MUNCIE IN DELAWARE COUNTY, INDIANA TO LOSE POWER" »

December 29, 2008

SENATOR ASKS NHTSA TO REOPEN INVESTIGATION INTO POPULAR INDIANA POLICE VEHICLE FOLLOWING NEAR FATAL ACCIDENT WITH SEMI TRACTOR TRAILER

Even though at least fifteen police officers have been killed in Crown Victoria Police Interceptor (CVPI) rear-end collisions, and more than double that number have been burned or injured since 1983, the CVPI continues to be the most popular police cruiser for Indiana State Police, City and Sheriff departments. Indiana is not alone in their preference for the CVPI, as the CVPI is the most common vehicle used by our nation’s law enforcement. In fact, in the State of New York, CVPI’s constitute over 80% of the State Police’s cruiser inventory.

Following a near fatal collisionwith a New York State Trooper (driving a Crown Vic) and a semi tractor trailer, US Senator Charles E. Schumer today renewed his call for the National Highway Transportation Safety Administration (NHTSA) to re-open and broaden an investigation to determine why the car and its sister models catch fire upon impact.

Schumer said that now that over a dozen officers in the country, including a New York State Trooper near Yonkers in December, have been killed in Crown Victoria accidents, the problem must be investigated immediately. A County Deputy Sheriff narrowly escaped death Friday morning when his Crown Victoria police car collided with a tractor trailer and caught on fire.

Schumer renews call for National Highway Transportation Safety Administration to investigate why Crown Vics are susceptible to fiery accidents, and how to better remedy the problem. Previous attempts to retro-fit the cars have had little impact, and the most recent incident in New York demonstrates this ongoing issue. "This is a no-brainer. No one should have to explain how important it is to make sure our police officers have cars that are safe. We know that there's a problem, and now we need to figure out what we need to do to solve it," Schumer said. "If that means changing cars so that a different model is used, so be it. Time is of the essence and the longer we wait, the more accidents we'll see."

In May of this year, Schumer said the NHTSA should continue to investigate why the cars are especially susceptible to explosions, rear-end and otherwise, and what can be done to remedy the problem. Because NHTSA's previous suggestion to retro-fit the cars did not prevent recent accidents, Schumer said the NHTSA should consider whether there should be a nationwide moratorium on the purchase of any additional CVPI’s until remedial measures – like installing fuel bladders used in the auto racing industry, and fire suppression systems like those used in military vehicles – are proven effective.

Continue reading "SENATOR ASKS NHTSA TO REOPEN INVESTIGATION INTO POPULAR INDIANA POLICE VEHICLE FOLLOWING NEAR FATAL ACCIDENT WITH SEMI TRACTOR TRAILER" »

December 28, 2008

FATAL AUTO COLLISIONS MARK A DANGEROUS TRAVEL WEEK IN HAMILTON COUNTY INDIANA

Investigators in Hamilton County are pointing to icy roads as the cause of two accidents resulting in three deaths that occurred within miles of each other. One of the fatalities occurred in a crash on State Road 37 near 206th Street, and two others lost their lives near 216th Street.

206th Street & State Road 37

Hamilton County emergency crews responded to the automobile accident on State Road 37 near 206th Street. Four people were rushed to the hospital from the scence. One did not survive. Accident re-constructionists are working to piece together what happened; however, emergency crews presenting to the scene noted ice on the road.

State Road 37 & 216th Street

Only minutes later while investigators with the Hamilton County Fatal Alcohol Crash Team were reviewing the accident scene at 206th street, another vehicle crashed on North SR 37 near 216th Street.

Continue reading "FATAL AUTO COLLISIONS MARK A DANGEROUS TRAVEL WEEK IN HAMILTON COUNTY INDIANA" »

December 27, 2008

SEMI TRUCK STRIKES FIREFIGHTER CAUSING ON THE JOB INJURY

A Boone County firefighter was hospitalized with injuries after he was struck by a semi-tractor trailer on Friday morning.

Fred Long, a 46 year-old Jamestown volunteer firefighter, was struck on Interstate 74 while he was responding to an accident near the 54th mile marker in Boone County. Police investigators believed the truck jackknifed as its operator was attempting to avoid the accident scene Long had been responding to. In the process, the semi-truck hit another vehicle and then struck Long, throwing and pinning him under the rear axle. Physicians attending to his injuries noted that Long had a crushed pelvis, a fractured leg, and multiple internal injuries.

Driving in Snowy Weather

Snow and ice on the road can make for hazardous driving conditions that can lead to serious Indiana injuries and accidents. Just because poor weather conditions exist does not mean that there aren’t steps that you can take to drive safely and prevent auto accidents from happening. As the driver of a car, truck, or bus, there are additional steps you can to exercise even greater care to avoid auto crashes from happening in poor weather, including:

Continue reading "SEMI TRUCK STRIKES FIREFIGHTER CAUSING ON THE JOB INJURY" »

December 26, 2008

AUTO AND TRUCKING ACCIDENTS CREATE LEGAL AND PERSONAL ISSUES - WHAT TO DO?

When individuals become the victim or are a party to a collision or motor vehicle accident, a myriad of insurance and legal concerns may present themselves. To preserve and protect their rights, it is critical that motorists, passengers and pedestrians who are involved in serious accidents immediately collect and preserve evidence for future dealings with insurance companies and for possible litigation. Such items include police reports, accident photos, witness statements, driving records and medical records.

As litigation attorneys, it is not at all uncommon for our firm to see injury victims incur medical bills, property damage, lost wages or pain and suffering as a result of such incidents. As a victim, these are all items for which they are entitled to compensation. Injuries affect entire families through loss of services, lost wages, loss of companionship and even the loss of love and affection of the injured person. Achieving just compensation for people involved in any type of automobile, motorcycle or trucking accident, as well as those affected by the event, requires active participation by not only a skilled attorney familiar with such areas of practice, but by the victims and families themselves.

Continue reading "AUTO AND TRUCKING ACCIDENTS CREATE LEGAL AND PERSONAL ISSUES - WHAT TO DO?" »

December 25, 2008

INDIANA CAR ACCIDENTS AND INJURIES MULTIPLY WITH ICY ROAD CONDITIONS

As temperatures closed in on freezing Tuesday afternoon and continued through Wednesday, holiday travelers faced icy and dangerous road conditions. Dozens of accidents, injuries and a number of fatalities were blamed on the conditions and at least two interstates were shut down for hours.

In Indianapolis, Indiana, all lanes were closed on I-465 in both directions at Meridian Street early Wednesday morning because of icy conditions and numerous crashes made 465 on the northwest side look like a parking lot . Portions of I-69 between Fishers and Anderson were also forced to closed Tuesday and into Wednesday to allow salt trucks to come in to treat specific areas in an attempt to get traffic moving.

At least five deaths were reported across the Indiana from crashes on slick roads Tuesday.

A crash in Boone County claimed the life of a 79-year-old man and his 77-year-old wife. Two crashes in Dubois County killed an 18-year-old man and 30-year-old pregnant woman. The woman's fetus did not survive.

Benton County is under a declared a State of Emergency effective at 11:00 am Wednesday.

The Owen County Sheriff's Office reported a fatal crash Tuesday afternoon. Emergency service divers found the body of a man inside the vehicle. The county coroner is working with police to identify the man. Police believe the crash is likely weather related.

Accident reports can typically found after 10 days following the date of incident. Most reports can be found on the Indiana BMV website:

Indiana BMV Reports

Continue reading "INDIANA CAR ACCIDENTS AND INJURIES MULTIPLY WITH ICY ROAD CONDITIONS" »

December 24, 2008

CMS ISSUES NEW FIVE STAR RATING TO ASSIST FAMILIES IN FINDING QUALITY NURSING HOMES AND REDUCE NEGLECT

The CMS and HHS have developed a new Five-Star Rating system that evaluates Nursing Home care.

According to the CMS website, the Five-Star Quality Rating System was created to help consumers, their families, and caregivers compare nursing homes more easily and help identify areas about which you may want to ask questions. This rating system is based on continued efforts as a result of the Omnibus Reconciliation Act of 1987 (OBRA '87), a nursing home reform law, and more recent quality improvement campaigns such as the Advancing Excellence in America’s Nursing Homes, a coalition of consumers, health care providers, and nursing home professionals.

Nursing home ratings are taken from the following three sources of data:

Health Inspections
Staffing
Quality Measures

More stars are better.

***** Much Above Avg.
**** Above Avg.
*** Average
** Below Avg.
* Much Below Avg.

Currently, 509 Indiana Nursing Homes have been evaluated under the system and can be evlaluated on the CMS Website.

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December 23, 2008

THE FEDERAL GOVERNMENT PLACES INDIANA NURSING HOMES ON THEIR WATCH LIST

The federal government through the CMS (The Centers for Medicare & Medicaid Services) has placed hundreds of nursing homes on a list of long-term care facilities that it wants to improve systemic issues or face expulsion from the Medicaid program.

The watch list is intended to heighten efforts to bring more attention to quality deficiencies at long-term care or nursing home facilities identified on this "special focus facility," or SFF, list.

Indiana Nursing Home Watch List

National Watch List

National Nursing Home Registry

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