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[DOWNLOAD] "Indiana Department Public Welfare and" by Court of Appeals of Indiana No. 2-675A154 * Book PDF Kindle ePub Free

Indiana Department Public Welfare and

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eBook details

  • Title: Indiana Department Public Welfare and
  • Author : Court of Appeals of Indiana No. 2-675A154
  • Release Date : January 02, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

Appellant Indiana Department of Public Welfare (Department) appeals the judgment of the Marion Superior Court which ordered that disability payments be made to Appellee Mercury L. Anderson (Anderson).[Footnote 1] In 1970, Anderson, a domestic worker for the prior 15 years fell and broke her ankle. Although the ankle was set, it did not heal properly. After a year of out-patient treatment, Anderson stopped going to the hospital, apparently because of an unpleasant experience there. In November 1972, Anderson went to the Employment Security Division seeking a job. Counselors there felt she was unemployable because of her physical condition, and urged her to seek disability benefits from the County Department of Public Welfare. She was reluctant to do so, desiring to take care of herself, but was eventually persuaded to apply. Because of her inability to read and write, the counselor at Employment Security helped her complete the welfare benefit application. On April 13, 1973, a medical examination was performed by Dr. John E. Szewczyk at the request of the Marion County Department of Public Welfare. Dr. Szewczyk reported that Anderson had very weak and atrophied quadriceps muscles in her left leg as a result of the 1970 fractures. He noted that the condition was severe and slowly progressive, and recommended quadriceps exercises. He characterized the condition as temporary and checked the box marked yes in response to the question whether the disability could be substantially reduced by treatment. Yet in the same report, he verified that Anderson does have a physical or mental impairment, disease, or loss which appears reasonably certain to continue throughout the lifetime of the individual without significant improvement and which substantially impairs his [sic] ability to perform labor or services or to engage in a useful occupation.[Footnote 2]


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