KNK Group, Humphreys Construction, C’ville Steel Roofs, and Mitchell Humphreys…

<p>MEMORANDUM DECISION Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be FILED regarded as precedent or cited before any Oct 26 2020, 10:57 am court except for the purpose of establishing CLERK the defense of res judicata, collateral Indiana Supreme Court Court of Appeals estoppel, or the law of the case. and Tax Court ATTORNEY FOR APPELLANTS ATTORNEY FOR APPELLEE Miriam A. Rich James E. Ayers Indianapolis, Indiana Wernle, Ristine &amp; Ayers Legal, P.C. Crawfordsville, Indiana IN THE COURT OF APPEALS OF INDIANA KNK Group, Humphreys October 26, 2020 Construction, C’ville Steel Court of Appeals Case No. Roofs, and Mitchell Humphreys, 20A-EX-402 Appellants-Defendants, Appeal from the Indiana Worker’s Compensation Board v. The Honorable Linda Peterson Hamilton, Chairperson Doug Sarver, Application No. Appellee-Plaintiff. C-238476 Mathias, Judge. [1] KNK Group, Humphreys Construction, C’Ville Steel Roofs, and Mitchell Humphreys (collectively “the Defendants”) appeal the Worker’s Compensation Board’s (“the Board”) award in favor of Doug Sarver (“Sarver”). The Court of Appeals of Indiana | Memorandum Decision 20A-EX-402 | October 26, 2020 Page 1 of 24 Defendants argue that the Board’s award should be reversed and raise the following arguments, which we restate as: I. Whether the Board’s award of temporary total disability benefits is supported by sufficient evidence; II. Whether the Board erred when it considered Thomas Jones’s deposition; III. Whether the Board erred when it awarded benefits to Sarver against KNK Group, a corporation that was administratively dissolved before Sarver was injured; and IV. Whether the Board erred when it awarded benefits to Sarver against entities named after the running of the non-claim statute. [2] We affirm and remand for proceedings consistent with this opinion. Facts and Procedural History [3] On November 1, 2015, Sarver was employed by KNK Group,1 Humphreys Construction, C’Ville Steel Roofs or Humphreys to replace a roof at Gilley’s Antique Mall. Humphreys owned all of these businesses, wholly or at least in part. Sarver sustained injuries when he fell through the roof. Sarver suffered fractured ribs, muscle spasms, and shoulder and low-back pain. Sarver saw multiple physicians for continued pain in the months following the accident. He 1 KNK Group is also referred to as K&amp;K Group by the parties and the Board. In his initial application for adjustment of claim, Sarver named K&amp;K Group as a defendant. For this reason, the Defendants claim that Sarver did not name a proper party. But the Defendants failed to raise this argument before the Board and, given its participation in these proceedings, KNK Group was notified of Sarver’s claim. Court of Appeals of Indiana | Memorandum Decision 20A-EX-402 | October 26, 2020 Page 2 of 24 also participated in physical therapy. Sarver continues to have numbness in his leg. [4] On May 17, 2017, Sarver filed his application for adjustment of claim. A hearing was held on his application on June 18, 2019. The Single Hearing Member issued an award to Sarver on August 20, 2019. The Defendants requested review of the Single Hearing Member’s award by the ...</p><br>
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