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ATTORNEYS FOR APPELLANT
Frederick D. Emhardt Shelley M. Jackson Colin E. Connor Plews Shadley Racher and Braun, LLP Indianapolis, Indiana

ATTORNEYS FOR APPELLEE
Robert J. Doyle Lisa M. Dillon Due Doyle Fanning & Metzger, LLP Indianapolis, Indiana

ATTORNEYS FOR AMICUS CURIAE INDIANA STATE MEDICAL ASSOCIATION
Libby Y. Goodnight Krieg DeVault, LLP Indianapolis, Indiana

ATTORNEYS FOR AMICUS CURIAE INSURANCE INSTITUTE OF INDIANA
Libby Valos Moss Mark D. Gerth Kightlinger & Gray, LLP Indianapolis, Indiana

______________________________________________________________________________

Indiana Supreme Court
_________________________________ No. 93S02-1102-EX-90 INDIANA SPINE GROUP, PC,

In the

FILED
of the supreme court, court of appeals and tax court

Nov 17 2011, 10:26 am

CLERK

Appellant (Plaintiff below), v. PILOT TRAVEL CENTERS, LLC, Appellee (Defendant below). _________________________________ Appeal from the Full Worker's Compensation Board of Indiana, No. P-199588 The Honorable Linda P. Hamilton, Chairman _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 93A02-1003-EX-315 _________________________________ November 17, 2011

Rucker, Justice.

In this case we conclude that the Worker's Compensation Act is silent on the question of the limitation period applicable to a medical provider's claim seeking payment of outstanding bills for authorized treatment to an employer's employee. We thus hold that the limitation period contained in the general statute of limitation controls.

General Background

Indiana Spine Group, PC is an Indianapolis-based domestic professional corporation that specializes in treating spine disorders. It is made up of three surgeons, four anesthesiologists, and a number of physical therapists and assistants who aid in treatment. In a series of cases Indiana Spine Group provided medical services to employees of various businesses for injuries the employees sustained arising out of and during the course of their employment. The

employers authorized the services and made partial payments. In each case, more than two years after the last payments were made to the injured employee, Indiana Spine Group filed with the Worker's Compensation Board an application for adjustment of claim seeking the balance of payments. The Board dismissed the applications as untimely. In each case the Court of Appeals reversed the Board's decision and remanded the cause for further proceedings. 1 Employers seek transfer. Because each case involves common issues of both law and fact, we address the specifics of this case only.

Facts and Procedural History On August 23, 2003, while employed by Pilot Travel Centers, LLC ("Pilot"), Anthony Wetnight sustained a work-related injury. Pilot paid Wetnight permanent partial impairment benefits through August 27, 2006. Pilot also authorized Wetnight to receive medical treatment from Indiana Spine Group ("ISG") in July and October of 2004. Thereafter ISG billed Pilot $38,556.00 for the two services. Pilot paid ISG partial payments on October 22 and 29, 2004
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See e.g., Ind. Spine Grp., PC v. Hardigg Indus., No. 93A02-1008-EX-933 (Ind. Ct. App. Mar. 2, 2011); Ind. Spine Grp., PC v. Handleman Co., 944 N.E.2d 497 (Ind. Ct. App. 2011); Ind. Spine Grp., PC v. Int'l Entm't Consultants, 940 N.E.2d 380 (Ind. Ct. App. 2011); Ind. Spine Grp., PC v. All Seasons Holdings, Inc., No. 93A02-1003-EX-316 (Ind. Ct. App. Aug. 10, 2010); Ind. Spine Grp., PC v. Scenic Hills Care Ctr., No. 93A02-1003-EX-313 (Ind. Ct. App. Aug. 10, 2010).

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and December 10, 2004. Pilot again made partial payments on February 21, 2008 and June 12, 2008, leaving an unpaid balance of $21,750.96.

On June 17, 2009, ISG sought payment for the remaining balance on its bill by filing an Application for Adjustment of Claim for Provider's Fee ("Application") with the Worker's Compensation Board ("Board"). Pilot responded with a motion to dismiss on grounds that the claim was filed outside the statute of limitation set forth in Indiana Code section 22-3-3-27. Specifically, Pilot argued ISG was required to file its Application within two years after the date Pilot last paid Wetnight compensation

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