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Pursuant to Ind. Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

FILED
Mar 28 2012, 8:20 am
of the supreme court, court of appeals and tax court

CLERK

APPELLANT PRO SE: C. RICHARD MARSHALL Columbus, Indiana

APPELLEE PRO SE: KENNETH W. HEIDER Greenwood, Indiana

IN THE COURT OF APPEALS OF INDIANA
C. RICHARD MARSHALL, Appellant-Respondent, vs. KENNETH W. HEIDER, Appellee-Claimant.1 ) ) ) ) ) ) ) ) )

No. 93A02-1106-EX-567

APPEAL FROM THE FULL WORKERS COMPENSATION BOARD OF INDIANA Linda P. Hamilton, Chairperson. Application No. C-169513

March 28, 2012

MEMORANDUM DECISION - NOT FOR PUBLICATION

BRADFORD, Judge

The appeal arises out of the workers compensation case of Sharon K. Wilson v. Heritage House Convalescent Center, with the cause number as below.
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Appellant-Respondent C. Richard Marshall appeals from the order of the Workers Compensation Board ("Board") awarding a $6000 attorneys fee award to Appellee-Claimant Kenneth W. Heider. Upon review, we reverse and remand to the Board with instructions. FACTS AND PROCEDURAL HISTORY Sharon Wilson was injured in a compensable work-related accident on May 20, 2002. Wilsons lower-back injury was serious enough to warrant an operative procedure known as a L5-S1 lumbar fusion. This procedure was completed negligently and further exacerbated Wilsons work-related injury. As a result of the work-related injury and the negligently performed procedure, Wilson suffered permanent nerve damage and was subsequently determined to have a 27% whole-body permanent partial impairment, which will require ongoing medication and future medical treatment. On September 8, 2003, Wilson retained Heider to represent her in her workers compensation claim against her employer, the Heritage House Convalescent Center. Wilson signed a contract that set forth that Heider would recover on a contingency basis, the rate by which he would recover if the contingency was met, and that Heider would be entitled to attorneys fees in the amount of $150 per hour if he were discharged by Wilson, before the contingency was met. Heider filed Wilsons Application for Adjustment of Claims with the Board on April 14, 2004. Through Heiders efforts, Wilson received a settlement offer of $38,500 on October 21, 2004, which Wilson rejected. Through Heiders continued efforts, Wilson received a subsequent settlement offer of $75,000, which Wilson rejected.

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On May 23, 2005, Wilson informed Heider that she was terminating his representation of her. Wilson subsequently retained the services of Marshall. Through Marshalls efforts, Wilson eventually settled her claim for $122,000, plus future medical expenses. Heider filed a Notice of Lien with the Board on June 21, 2005, requesting $13,950 in attorneys fees. On October 4, 2010, following a hearing, the single hearing member determined that Heider was entitled to fees for the work he completed in the amount of $6000.2 The Board affirmed the $6000 award on June 8, 2011. This appeal follows. DISCUSSION AND DECISION A. Standard of Review and Applicable Law 1. Standard of Review The Indiana Workers Compensation Act ("the Act") provides compensation for personal injury or death by accident arising out of and in the course of employment. Ind. Code

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