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    Ostrowski v. Ind. Univ. (Ind. App. May 28, 2024)

    Memorandum Decision affirming denial of worker’s compensation benefits. Appellant, a former employee of the Kinsey Institute at Indiana University who experienced atrial fibrillation and hip arthritis, filed a work injury claim and a federal Rehabilitation Act claim against the University after she found it too difficult to walk from the closest parking area to the campus building housing the Institute. After the parties settled the federal case, the Worker’s Compensation Board of Indiana affirmed the University’s denial of her work injury claim, finding that her symptoms did not constitute a compensable injury because they were “temporary and could have occurred anywhere.” In affirming the denial, the Court of Appeals of Indiana held that neither the Board’s factual conclusion that the walk on the hilly campus was routine and everyday, nor its legal conclusion that her symptoms were temporary and did not worsen her pre-existing medical conditions were clearly erroneous.  

    Topics:

    Accessible Facilities | Compliance & Risk Management | Disability Discrimination | Discrimination, Accommodation, & Diversity | Indemnity & Insurance