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Manous3/31/2005
ive and procedural bad faith and "the extended period [of time] in which and her sons have been prevented from obtaining benefits." Brief of Appellee at 31. But we have already determined that Manous did not act in bad faith, and the passage of time in this case does not warrant a ten percent increase in her award. See Calvary Temple Church, Inc. v. Paino, 555 N.E.2d 190, 195 (Ind. Ct. App. 1990) (increasing worker's compensation award by only five percent where employer's failure to comply with rules of appellate procedure did not thwart appellate review and appeal was not frivolous); but see Graycor Indus. v. Metz, 806 N.E.2d 791, 801-02 (Ind. Ct. App. 2004) (increasing worker's compensation award by ten percent where some of employer's arguments were "patently disingenu " and claimant was prevented from obtaining benefits for "extended period"). Manousogianakis is entitled to a five percent increase in her award. See Ind. Code ยง 22-3-4-8(f).
CONCLUSION
In sum, Manousogianakis demonstrated that Christos's unexplained murder occurred in the course of his employment. Under the positional risk doctrine, there was a presumption that Christos's death arose out of his employment, which Manous failed to rebut. Thus, the Board did not err when it determined that Manousogianakis was entitled to worker's compensation benefits. We also conclude that Manousogianakis is not entitled to appellate attorney's fees. Because we are affirming the full Board's decision on appeal, however, Manousogianakis is entitled to a five percent increase in her award pursuant to Indiana Code Section 22-3-4-8(f). We remand this case to the Board for further proceedings consistent with this opinion.
Affirmed and remanded.
KIRSCH, C.J., and VAIDIK, J., concur.
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