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Patient's Compensation Fund v. Hicklin3/8/2005
(Ind. 2001) (declining to adopt appellee's interpretation of statute where it was "inconsistent with the purposes and policies of the [statutory scheme] and create an absurd result which the legislature could not have intended[.]").
We hold that the agreement between WBH and the Estate does not satisfy the requirements under Section 4(b), namely, that a health care provider spend more than $75,000 on the sum of an immediate payment (or present payment) to the claimant and the cost of a periodic payments agreement. As such, the Estate is not entitled to access the Fund. The trial court erred when it denied the Fund's motion to dismiss the Estate's petition for excess damages.
Reversed.
KIRSCH, C.J., and VAIDIK, J., concur.
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