Sec. 1. As used in this chapter, "cost of the periodic
payments agreement" means the amount expended by the health care
provider (or its insurer), the commissioner, or the commissioner and
the health care provider (or its insurer), at the time the periodic
payments agreement is made, to obtain the commitment from a third
party to make available money for use as future payment, the total of
which may exceed the limits provided in section 3 of this chapter.
[Pre-1998 Recodification Citation: 27-12-14-1.]
As added by P.L.1-1998, SEC.13.
Notes of Decisions
Cited in
6
cases, 2000–2013 · leading case:
McCarty v. Walsko, 857 N.E.2d 439 (Ind. Ct. App. 2006).
McCarty v. Walsko, 857 N.E.2d 439 (Ind. Ct. App. 2006).
· cites it 5× “]" 4 IC. § 34-18-14-1. - Rather, the Settlement Agreement only provides that 5.”
Robertson v. B.O. ex rel. Ort, 977 N.E.2d 341 (Ind. 2012).
· cites it 2× “Code §§ 34-18-10-1 to -26 (2008), caps on recoverable damages, Ind.Code §§ 34-18-14-1 to -5 (2008), and retention of the contributory negligence defense, Ind.”
Sims v. United States Fid. & Guar. Co., 730 N.E.2d 232 (Ind. Ct. App. 2000).
· cites it 3× “Similarly, legislation has periodically raised the scheduled benefits for injuries under the Worker's Compensation Act and thus avoided the issue of constitutionality.”
Patient's Comp. Fund v. Hicklin, 823 N.E.2d 705 (Ind. Ct. App. 2005).
· cites it 5× “" Ind.Code § 34-18-14-1. Onee a claimant has settled with a health care provider, he can seek additional damages from the Fund.”
Stephen W. Robertson, Indiana Comm. of Ins., as Admin. of Indiana Patient's Comp. Fund & The Indiana Patient's Comp. Fund v. B.O., A Minor, Lisa A. Ort & Kevin C. Ort, No. 49S04-1111-CT-671 (Ind. Oct. 31, 2012).
· cites it 2× “Code §§ 34-18-10-1 to -26 (2008), caps on recoverable damages, Ind. Code §§ 34-18-14-1 to -5 (2008), and retention of the contributory negligence defense, Ind.”
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