2013 Indiana Code
TITLE 22. LABOR AND SAFETY
ARTICLE 3. WORKER'S COMPENSATION SYSTEM
CHAPTER 7. WORKER'S OCCUPATIONAL DISEASES COMPENSATION
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IC 22-3-7
Chapter 7. Worker's Occupational Diseases Compensation
IC 22-3-7-1
Repealed
(Repealed by P.L.28-1988, SEC.118.)
IC 22-3-7-2
Applicability; burden of proof; police and firefighter coverage
Sec. 2. (a) Every employer and every employee, except as stated
in this chapter, shall comply with this chapter, requiring the
employer and employee to pay and accept compensation for
disablement or death by occupational disease arising out of and in
the course of the employment, and shall be bound thereby. The
burden of proof is on the employee. The proof by the employee of an
element of a claim does not create a presumption in favor of the
employee with regard to another element of the claim.
(b) This chapter does not apply to the following:
(1) A person who enters into an independent contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code
(as defined in IC 6-3-1-11(a)) to perform youth coaching
services on a part-time basis.
(2) A nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to the extent the corporation enters
into an independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(c) This chapter does not apply to employees of municipal
corporations in Indiana who are members of:
(1) the fire department or police department of any such
municipality; and
(2) a firefighters' pension fund or a police officers' pension
fund.
However, if the common council elects to purchase and procure
worker's occupational disease insurance to insure said employees
with respect to medical benefits under this chapter, the medical
provisions apply to members of the fire department or police
department of any such municipal corporation who are also members
of a firefighters' pension fund or a police officers' pension fund.
(d) When any municipal corporation purchases or procures
worker's occupational disease insurance covering members of the fire
department or police department who are also members of a
firefighters' pension fund or a police officers' pension fund and pays
the premium or premiums for the insurance, the payment of the
premiums is a legal and allowable expenditure of funds of any
municipal corporation.
(e) Except as provided in subsection (f), where the common
council has procured worker's occupational disease insurance as
provided under this section, any member of the fire department or
police department employed in the city carrying the worker's
occupational disease insurance under this section is limited to
recovery of medical and surgical care, medicines, laboratory,
curative and palliative agents and means, x-ray, diagnostic and
therapeutic services to the extent that the services are provided for in
the worker's occupational disease policy so procured by the city, and
may not also recover in addition to that policy for the same benefits
provided in IC 36-8-4.
(f) If the medical benefits provided under a worker's occupational
disease policy procured by the common council terminate for any
reason before the police officer or firefighter is fully recovered, the
common council shall provide medical benefits that are necessary
until the police officer or firefighter is no longer in need of medical
care.
(g) Nothing in this section affects the rights and liabilities of
employees and employers had by them prior to April 1, 1963, under
this chapter.
(Formerly: Acts 1937, c.69, s.2; Acts 1963, c.388, s.1; Acts 1974,
P.L.109, SEC.1.) As amended by Acts 1981, P.L.11, SEC.126;
P.L.28-1988, SEC.49; P.L.217-1989, SEC.2; P.L.201-2005, SEC.6;
P.L.134-2006, SEC.8.
IC 22-3-7-2.5
School to work student
Sec. 2.5. (a) As used in this section, "school to work student"
refers to a student participating in on-the-job training under the
federal School to Work Opportunities Act (20 U.S.C. 6101 et seq.).
(b) A school to work student is entitled to the following
compensation and benefits under this chapter:
(1) Medical benefits.
(2) Permanent partial impairment compensation under section
16 of this chapter. Permanent partial impairment compensation
for a school to work student shall be paid in a lump sum upon
agreement or final award.
(3) In the case that death results from the injury:
(A) death benefits in a lump sum amount of one hundred
seventy-five thousand dollars ($175,000), payable upon
agreement or final award to any dependents of the student
under sections 11 through 14 of this chapter, or, if the
student has no dependents, to the student's parents; and
(B) burial compensation under section 15 of this chapter.
(c) For the sole purpose of modifying an award under section 27
of this chapter, a school to work student's average weekly wage is
presumed to be equal to the federal minimum wage.
(d) A school to work student is not entitled to the following
compensation under this chapter:
(1) Temporary total disability compensation under section 16 of
this chapter.
(2) Temporary partial disability compensation under section 19
of this chapter.
(e) Except for remedies available under IC 5-2-6.1, recovery
under subsection (b) is the exclusive right and remedy for:
(1) a school to work student; and
(2) the personal representatives, dependents, or next of kin, at
common law or otherwise, of a school to work student;
on account of disablement or death by occupational disease arising
out of and in the course of school to work employment.
As added by P.L.235-1999, SEC.6.
IC 22-3-7-3
Waiver of exemption from act by employer; notice of acceptance;
filing
Sec. 3. (a) An employer who is exempt under this section from the
operation of the compensation provisions of this chapter may at any
time waive such exemption and thereby accept the provisions of this
chapter by giving notice as provided in subsection (b).
(b) The notice of acceptance referred to in subsection (a) shall be
given thirty (30) days prior to any accident resulting in injury or
death, provided that if any such injury occurred less than thirty (30)
days after the date of employment, notice of acceptance given at the
time of employment shall be sufficient notice thereof. The notice
shall be in writing or print in a substantial form prescribed by the
worker's compensation board and shall be given by the employer by
posting the same in a conspicuous place in the plant, shop, office,
room, or place where the employee is employed, or by serving it
personally upon the employee. The notice shall be given by the
employee by sending the same in registered letter addressed to the
employer at his last known residence or place of business, or by
giving it personally to the employer, or any of his agents upon whom
a summons in civil actions may be served under the laws of the state.
(c) A copy of the notice in prescribed form shall also be filed with
the worker's compensation board, within five (5) days after its
service in such manner upon the employee or employer.
(Formerly: Acts 1937, c.69, s.3; Acts 1963, c.388, s.2; Acts 1974,
P.L.109, SEC.2.) As amended by P.L.28-1988, SEC.50.
IC 22-3-7-4
Repealed
(Repealed by Acts 1974, P.L.109, SEC.8.)
IC 22-3-7-5
Coal mining; application of law
Sec. 5. On and after April 1, 1963, the provisions of this chapter
shall apply to the state, to all political divisions thereof, to all
municipal corporations within the state, to persons, partnerships,
limited liability companies, and corporations engaged in mining coal,
and to employees thereof, without any right of exemption from the
compensation provisions of this chapter, except as provided in
section 34(i) of this chapter.
(Formerly: Acts 1937, c.69, s.4b; Acts 1963, c.388, s.5.) As amended
by P.L.144-1986, SEC.57; P.L.8-1993, SEC.283.
IC 22-3-7-6
Exclusive remedies
Sec. 6. The rights and remedies granted under this chapter to an
employee subject to this chapter on account of disablement or death
by occupational disease arising out of and in the course of the
employment shall exclude all other rights and remedies of such
employee, his personal representatives, dependents, or next of kin,
at common law or otherwise, on account of such disablement or
death.
(Formerly: Acts 1937, c.69, s.4c; Acts 1963, c.388, s.6.) As amended
by P.L.144-1986, SEC.58.
IC 22-3-7-7
Statutory duties; application of law
Sec. 7. Nothing in this chapter shall be construed to relieve any
employer or employee from penalty for failure or neglect to perform
any statutory duty.
(Formerly: Acts 1937, c.69, s.4d; Acts 1963, c.388, s.7.) As amended
by P.L.144-1986, SEC.59.
IC 22-3-7-8
Place of exposure; foreign states or foreign countries
Sec. 8. Every employer and employee under this chapter shall be
bound by the provisions of this chapter whether exposure and
disablement therefrom or death resulting from an occupational
disease occurs within the state or in some other state or in a foreign
country.
(Formerly: Acts 1937, c.69, s.4e; Acts 1963, c.388, s.8.) As amended
by P.L.144-1986, SEC.60.
IC 22-3-7-9
Definitions; applicability of chapter; exemptions
Sec. 9. (a) As used in this chapter, "employer" includes the state
and any political subdivision, any municipal corporation within the
state, any individual or the legal representative of a deceased
individual, firm, association, limited liability company, or
corporation or the receiver or trustee of the same, using the services
of another for pay. A parent corporation and its subsidiaries shall
each be considered joint employers of the corporation's, the parent's,
or the subsidiaries' employees for purposes of sections 6 and 33 of
this chapter. Both a lessor and a lessee of employees shall each be
considered joint employers of the employees provided by the lessor
to the lessee for purposes of sections 6 and 33 of this chapter. The
term also includes an employer that provides on-the-job training
under the federal School to Work Opportunities Act (20 U.S.C. 6101
et seq.) to the extent set forth under section 2.5 of this chapter. If the
employer is insured, the term includes the employer's insurer so far
as applicable. However, the inclusion of an employer's insurer within
this definition does not allow an employer's insurer to avoid payment
for services rendered to an employee with the approval of the
employer. The term does not include a nonprofit corporation that is
recognized as tax exempt under Section 501(c)(3) of the Internal
Revenue Code (as defined in IC 6-3-1-11(a)) to the extent the
corporation enters into an independent contractor agreement with a
person for the performance of youth coaching services on a part-time
basis.
(b) As used in this chapter, "employee" means every person,
including a minor, in the service of another, under any contract of
hire or apprenticeship written or implied, except one whose
employment is both casual and not in the usual course of the trade,
business, occupation, or profession of the employer. For purposes of
this chapter the following apply:
(1) Any reference to an employee who has suffered
disablement, when the employee is dead, also includes the
employee's legal representative, dependents, and other persons
to whom compensation may be payable.
(2) An owner of a sole proprietorship may elect to include the
owner as an employee under this chapter if the owner is actually
engaged in the proprietorship business. If the owner makes this
election, the owner must serve upon the owner's insurance
carrier and upon the board written notice of the election. No
owner of a sole proprietorship may be considered an employee
under this chapter unless the notice has been received. If the
owner of a sole proprietorship:
(A) is an independent contractor in the construction trades
and does not make the election provided under this
subdivision, the owner must obtain a certificate of
exemption under section 34.5 of this chapter; or
(B) is an independent contractor and does not make the
election provided under this subdivision, the owner may
obtain a certificate of exemption under section 34.5 of this
chapter.
(3) A partner in a partnership may elect to include the partner
as an employee under this chapter if the partner is actually
engaged in the partnership business. If a partner makes this
election, the partner must serve upon the partner's insurance
carrier and upon the board written notice of the election. No
partner may be considered an employee under this chapter until
the notice has been received. If a partner in a partnership:
(A) is an independent contractor in the construction trades
and does not make the election provided under this
subdivision, the partner must obtain a certificate of
exemption under section 34.5 of this chapter; or
(B) is an independent contractor and does not make the
election provided under this subdivision, the partner may
obtain a certificate of exemption under section 34.5 of this
chapter.
(4) Real estate professionals are not employees under this
chapter if:
(A) they are licensed real estate agents;
(B) substantially all their remuneration is directly related to
sales volume and not the number of hours worked; and
(C) they have written agreements with real estate brokers
stating that they are not to be treated as employees for tax
purposes.
(5) A person is an independent contractor in the construction
trades and not an employee under this chapter if the person is an
independent contractor under the guidelines of the United States
Internal Revenue Service.
(6) An owner-operator that provides a motor vehicle and the
services of a driver under a written contract that is subject to
IC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 376, to a motor
carrier is not an employee of the motor carrier for purposes of
this chapter. The owner-operator may elect to be covered and
have the owner-operator's drivers covered under a worker's
compensation insurance policy or authorized self-insurance that
insures the motor carrier if the owner-operator pays the
premiums as requested by the motor carrier. An election by an
owner-operator under this subdivision does not terminate the
independent contractor status of the owner-operator for any
purpose other than the purpose of this subdivision.
(7) An unpaid participant under the federal School to Work
Opportunities Act (20 U.S.C. 6101 et seq.) is an employee to
the extent set forth under section 2.5 of this chapter.
(8) A person who enters into an independent contractor
agreement with a nonprofit corporation that is recognized as tax
exempt under Section 501(c)(3) of the Internal Revenue Code
(as defined in IC 6-3-1-11(a)) to perform youth coaching
services on a part-time basis is not an employee for purposes of
this chapter.
(9) An officer of a corporation who is the sole officer of the
corporation is an employee of the corporation under this
chapter. An officer of a corporation who is the sole officer of
the corporation may elect not to be an employee of the
corporation under this chapter. If an officer makes this election,
the officer must serve written notice of the election on the
corporation's insurance carrier and the board. An officer of a
corporation who is the sole officer of the corporation may not
be considered to be excluded as an employee under this chapter
until the notice is received by the insurance carrier and the
board.
(10) An individual who is not an employee of the state or a
political subdivision is considered to be a temporary employee
of the state for purposes of this chapter while serving as a
member of a mobile support unit on duty for training, an
exercise, or a response, as set forth in IC 10-14-3-19(c)(2)(B).
(c) As used in this chapter, "minor" means an individual who has
not reached seventeen (17) years of age. A minor employee shall be
considered as being of full age for all purposes of this chapter.
However, if the employee is a minor who, at the time of the last
exposure, is employed, required, suffered, or permitted to work in
violation of the child labor laws of this state, the amount of
compensation and death benefits, as provided in this chapter, shall be
double the amount which would otherwise be recoverable. The
insurance carrier shall be liable on its policy for one-half (1/2) of the
compensation or benefits that may be payable on account of the
disability or death of the minor, and the employer shall be wholly
liable for the other one-half (1/2) of the compensation or benefits. If
the employee is a minor who is not less than sixteen (16) years of age
and who has not reached seventeen (17) years of age, and who at the
time of the last exposure is employed, suffered, or permitted to work
at any occupation which is not prohibited by law, the provisions of
this subsection prescribing double the amount otherwise recoverable
do not apply. The rights and remedies granted to a minor under this
chapter on account of disease shall exclude all rights and remedies
of the minor, the minor's parents, the minor's personal
representatives, dependents, or next of kin at common law, statutory
or otherwise, on account of any disease.
(d) This chapter does not apply to casual laborers as defined in
subsection (b), nor to farm or agricultural employees, nor to
household employees, nor to railroad employees engaged in train
service as engineers, firemen, conductors, brakemen, flagmen,
baggagemen, or foremen in charge of yard engines and helpers
assigned thereto, nor to their employers with respect to these
employees. Also, this chapter does not apply to employees or their
employers with respect to employments in which the laws of the
United States provide for compensation or liability for injury to the
health, disability, or death by reason of diseases suffered by these
employees.
(e) As used in this chapter, "disablement" means the event of
becoming disabled from earning full wages at the work in which the
employee was engaged when last exposed to the hazards of the
occupational disease by the employer from whom the employee
claims compensation or equal wages in other suitable employment,
and "disability" means the state of being so incapacitated.
(f) For the purposes of this chapter, no compensation shall be
payable for or on account of any occupational diseases unless
disablement, as defined in subsection (e), occurs within two (2) years
after the last day of the last exposure to the hazards of the disease
except for the following:
(1) In all cases of occupational diseases caused by the
inhalation of silica dust or coal dust, no compensation shall be
payable unless disablement, as defined in subsection (e), occurs
within three (3) years after the last day of the last exposure to
the hazards of the disease.
(2) In all cases of occupational disease caused by the exposure
to radiation, no compensation shall be payable unless
disablement, as defined in subsection (e), occurs within two (2)
years from the date on which the employee had knowledge of
the nature of the employee's occupational disease or, by
exercise of reasonable diligence, should have known of the
existence of such disease and its causal relationship to the
employee's employment.
(3) In all cases of occupational diseases caused by the
inhalation of asbestos dust, no compensation shall be payable
unless disablement, as defined in subsection (e), occurs within
three (3) years after the last day of the last exposure to the
hazards of the disease if the last day of the last exposure was
before July 1, 1985.
(4) In all cases of occupational disease caused by the inhalation
of asbestos dust in which the last date of the last exposure
occurs on or after July 1, 1985, and before July 1, 1988, no
compensation shall be payable unless disablement, as defined
in subsection (e), occurs within twenty (20) years after the last
day of the last exposure.
(5) In all cases of occupational disease caused by the inhalation
of asbestos dust in which the last date of the last exposure
occurs on or after July 1, 1988, no compensation shall be
payable unless disablement (as defined in subsection (e)) occurs
within thirty-five (35) years after the last day of the last
exposure.
(g) For the purposes of this chapter, no compensation shall be
payable for or on account of death resulting from any occupational
disease unless death occurs within two (2) years after the date of
disablement. However, this subsection does not bar compensation for
death:
(1) where death occurs during the pendency of a claim filed by
an employee within two (2) years after the date of disablement
and which claim has not resulted in a decision or has resulted in
a decision which is in process of review or appeal; or
(2) where, by agreement filed or decision rendered, a
compensable period of disability has been fixed and death
occurs within two (2) years after the end of such fixed period,
but in no event later than three hundred (300) weeks after the
date of disablement.
(h) As used in this chapter, "billing review service" refers to a
person or an entity that reviews a medical service provider's bills or
statements for the purpose of determining pecuniary liability. The
term includes an employer's worker's compensation insurance carrier
if the insurance carrier performs such a review.
(i) As used in this chapter, "billing review standard" means the
data used by a billing review service to determine pecuniary liability.
(j) As used in this chapter, "community" means a geographic
service area based on ZIP code districts defined by the United States
Postal Service according to the following groupings:
(1) The geographic service area served by ZIP codes with the
first three (3) digits 463 and 464.
(2) The geographic service area served by ZIP codes with the
first three (3) digits 465 and 466.
(3) The geographic service area served by ZIP codes with the
first three (3) digits 467 and 468.
(4) The geographic service area served by ZIP codes with the
first three (3) digits 469 and 479.
(5) The geographic service area served by ZIP codes with the
first three (3) digits 460, 461 (except 46107), and 473.
(6) The geographic service area served by the 46107 ZIP code
and ZIP codes with the first three (3) digits 462.
(7) The geographic service area served by ZIP codes with the
first three (3) digits 470, 471, 472, 474, and 478.
(8) The geographic service area served by ZIP codes with the
first three (3) digits 475, 476, and 477.
(k) As used in this chapter, "medical service provider" refers to a
person or an entity that provides services or products to an employee
under this chapter. Except as otherwise provided in this chapter, the
term includes a medical service facility.
(l) As used in this chapter, "medical service facility" means any
of the following that provides a service or product under this chapter:
(1) A hospital (as defined in IC 16-18-2-179).
(2) A hospital based health facility (as defined in
IC 16-18-2-180).
(3) A medical center (as defined in IC 16-18-2-223.4).
The term does not include a professional corporation (as defined in
IC 23-1.5-1-10) comprised of health care professionals (as defined
in IC 23-1.5-1-8) formed to render professional services as set forth
in IC 23-1.5-2-3(a)(4) or a health care professional (as defined in
IC 23-1.5-1-8) who bills for a service or product provided under this
chapter as an individual or a member of a group practice.
(m) As used in this chapter, "pecuniary liability" means the
responsibility of an employer or the employer's insurance carrier for
the payment of the charges for each specific service or product for
human medical treatment provided under this chapter as follows:
(1) This subdivision applies before July 1, 2014, to all medical
service providers, and after June 30, 2014, to a medical service
provider that is not a medical service facility. Payment of the
charges in a defined community, equal to or less than the
charges made by medical service providers at the eightieth
percentile in the same community for like services or products.
(2) This subdivision applies after June 30, 2014, to a medical
service facility. Payment of the charges in a reasonable amount,
which is established by payment of one (1) of the following:
(A) The amount negotiated at any time between the medical
service facility and any of the following, if an amount has
been negotiated:
(i) The employer.
(ii) The employer's insurance carrier.
(iii) A billing review service on behalf of a person
described in item (i) or (ii).
(iv) A direct provider network that has contracted with a
person described in item (i) or (ii).
(B) Two hundred percent (200%) of the amount that would
be paid to the medical service facility on the same date for
the same service or product under the medical service
facility's Medicare reimbursement rate, if an amount has not
been negotiated as described in clause (A).
(n) "Service or product" or "services and products" refers to
medical, hospital, surgical, or nursing service, treatment, and
supplies provided under this chapter.
(Formerly: Acts 1937, c.69, s.5; Acts 1955, c.131, s.1; Acts 1955,
c.195, s.1; Acts 1961, c.240, s.1; Acts 1963, c.48, s.16; Acts 1969,
c.101, s.1; Acts 1974, P.L.109, SEC.3.) As amended by Acts 1979,
P.L.228, SEC.2; P.L.224-1985, SEC.1; P.L.95-1988, SEC.12;
P.L.75-1993, SEC.5; P.L.8-1993, SEC.284; P.L.1-1994, SEC.111;
P.L.110-1995, SEC.34; P.L.216-1995, SEC.5; P.L.2-1996, SEC.266;
P.L.258-1997(ss), SEC.13; P.L.235-1999, SEC.7; P.L.31-2000,
SEC.7; P.L.202-2001, SEC.8; P.L.201-2005, SEC.7; P.L.1-2009,
SEC.127; P.L.180-2009, SEC.2; P.L.42-2011, SEC.38;
P.L.168-2011, SEC.12; P.L.6-2012, SEC.150; P.L.71-2013, SEC.11;
P.L.275-2013, SEC.12.
IC 22-3-7-9.2
"Violation of the child labor laws of this state"
Sec. 9.2. As used in section 9(c) of this chapter, the term
"violation of the child labor laws of this state" means a violation of
IC 20-33-3-35. The term does not include a violation of any other
provision of IC 20-33-3.
As added by P.L.37-1985, SEC.32. Amended by P.L.106-1992,
SEC.12; P.L.1-2005, SEC.183.
IC 22-3-7-10
Definitions; course of employment
Sec. 10. (a) As used in this chapter, "occupational disease" means
a disease arising out of and in the course of the employment.
Ordinary diseases of life to which the general public is exposed
outside of the employment shall not be compensable, except where
such diseases follow as an incident of an occupational disease as
defined in this section.
(b) A disease arises out of the employment only if there is
apparent to the rational mind, upon consideration of all of the
circumstances, a direct causal connection between the conditions
under which the work is performed and the occupational disease, and
which can be seen to have followed as a natural incident of the work
as a result of the exposure occasioned by the nature of the
employment, and which can be fairly traced to the employment as the
proximate cause, and which does not come from a hazard to which
workers would have been equally exposed outside of the
employment. The disease must be incidental to the character of the
business and not independent of the relation of employer and
employee. The disease need not have been foreseen or expected but
after its contraction it must appear to have had its origin in a risk
connected with the employment and to have flowed from that source
as a rational consequence.
(Formerly: Acts 1937, c.69, s.6.) As amended by P.L.144-1986,
SEC.61; P.L.28-1988, SEC.51.
IC 22-3-7-10.5
Average weekly wages of public employee; determination
Sec. 10.5. For purposes of this chapter, the average weekly wages
of a public employee shall be determined without regard to any
salary reduction agreement under Section 125 of the Internal
Revenue Code.
As added by P.L.5-1992, SEC.9.
IC 22-3-7-11
Death benefits; payment
Sec. 11. On and after April 1, 1957, and prior to April 1, 1967,
when death results from an occupational disease within four hundred
(400) weeks, there shall be paid to total dependents of said deceased,
as determined by the provisions of IC 22-3-7-12, IC 22-3-7-13,
IC 22-3-7-14, IC 22-3-7-15, a weekly compensation amounting to
sixty (60) per centum of the deceased's average weekly wage until
the compensation so paid when added to any compensation paid to
the deceased employee shall equal four hundred (400) weeks, and to
partial dependents as hereinafter provided.
On and after April 1, 1967, and prior to April 1, 1969, when death
results from an occupational disease within four hundred fifty (450)
weeks, there shall be paid to total dependents of said deceased, as
determined by the provisions of IC 22-3-7-12, IC 22-3-7-13,
IC 22-3-7-14, IC 22-3-7-15, a weekly compensation amounting to
sixty (60) per centum of the deceased's average weekly wage, until
the compensation so paid when added to any compensation paid to
the deceased employee shall equal four hundred fifty (450) weeks,
and to partial dependents as hereinafter provided.
On and after April 1, 1969, and prior to July 1, 1974, when death
results from occupational disease within five hundred (500) weeks,
there shall be paid to total dependents of said deceased, as
determined by the provisions of IC 22-3-7-12, IC 22-3-7-13,
IC 22-3-7-14, IC 22-3-7-15, a weekly compensation amounting to
sixty (60) per centum of the deceased's average weekly wage, until
the compensation so paid when added to any compensation paid to
the deceased employee shall equal five hundred (500) weeks, and to
partial dependents as hereinafter provided.
On and after July 1, 1974, and before July 1, 1976, when death
results from occupational disease within five hundred (500) weeks,
there shall be paid to total dependents of said deceased as determined
by the provisions of IC 22-3-7-12, IC 22-3-7-13, IC 22-3-7-14,
IC 22-3-7-15, a weekly compensation amounting to sixty-six and
two-thirds (66 2/3) per centum of the deceased's average weekly
wage, up to one hundred thirty-five dollars ($135.00) average weekly
wages, until the compensation so paid when added to any
compensation paid to the deceased employee shall equal five
hundred (500) weeks, and to partial dependents as hereinafter
provided.
On and after July 1, 1976, when death results from occupational
disease within five hundred (500) weeks, there shall be paid to total
dependents of the deceased, as determined by the provisions of
IC 22-3-7-12 through IC 22-3-7-15, a weekly compensation
amounting to sixty-six and two-thirds percent (66 2/3%) of the
deceased's average weekly wage, as defined in IC 22-3-7-19, until the
compensation paid, when added to compensation paid to the
deceased employee, equals five hundred (500) weeks, and to partial
dependents as provided in this chapter.
(Formerly: Acts 1937, c.69, s.7; Acts 1943, c.115, s.1; Acts 1945,
c.290, s.1; Acts 1947, c.164, s.1; Acts 1949, c.242, s.3; Acts 1951,
c.250, s.3; Acts 1957, c.353, s.1; Acts 1967, c.313, s.1; Acts 1969,
c.101, s.2; Acts 1974, P.L.109, SEC.4.) As amended by Acts 1976,
P.L.112, SEC.4.
IC 22-3-7-12
Dependents; classification
Sec. 12. (a) Dependents under this chapter shall consist of the
following three (3) classes:
(1) Presumptive dependents.
(2) Total dependents in fact.
(3) Partial dependents in fact.
(b) Presumptive dependents shall be entitled to compensation to
the complete exclusion of total dependents in fact and partial
dependents in fact and shall be entitled to such compensation in
equal shares.
(c) Total dependents in fact shall be entitled to compensation to
the complete exclusion of partial dependents in fact and shall be
entitled to such compensation, if more than one (1) such dependent
exists, in equal shares. The question of total dependency shall be
determined as of the time of death.
(d) Partial dependents in fact shall not be entitled to any
compensation if any other class of dependents exist. The weekly
compensation to persons partially dependent in fact shall be in the
same proportion to the weekly compensation of persons wholly
dependent as the average amount contributed weekly by the deceased
to such partial dependent in fact bears to his average weekly wages
at the time of the disablement. The question of partial dependency in
fact shall be determined as of the time of the disablement.
(Formerly: Acts 1937, c.69, s.7a; Acts 1947, c.164, s.2.) As amended
by P.L.144-1986, SEC.62.
IC 22-3-7-13
Presumptive dependents; termination of dependency
Sec. 13. (a) The following persons are conclusively presumed to
be wholly dependent for support upon a deceased employee and shall
constitute the class known as presumptive dependents in section 12
of this chapter:
(1) A wife upon a husband with whom she is living at the time
of his death, or upon whom the laws of the state impose the
obligation of her support at such time. The term "wife", as used
in this subdivision, shall exclude a common law wife unless
such common law relationship was entered into before January
1, 1958, and, in addition, existed openly and notoriously for a
period of not less than five (5) years immediately preceding the
death.
(2) A husband upon his wife with whom he is living at the time
of her death. The term "husband", as used in this subdivision,
shall exclude a common law husband unless such common law
relationship was entered into before January 1, 1958, and, in
addition existed openly and notoriously for a period of not less
than five (5) years immediately preceding the death.
(3) An unmarried child under the age of twenty-one (21) years
upon the parent with whom the child is living at the time of the
death of such parent.
(4) An unmarried child under twenty-one (21) years upon the
parent with whom the child may not be living at the time of the
death of such parent, but upon whom at such time, the laws of
the state impose the obligation to support such child.
(5) A child over the age of twenty-one (21) years who has never
been married and who is either physically or mentally
incapacitated from earning the child's own support, upon a
parent upon whom the laws of the state impose the obligation
of the support of such unmarried child.
(6) A child over the age of twenty-one (21) years who has never
been married and who at the time of the death of the parent is
keeping house for and living with such parent and is not
otherwise gainfully employed.
(b) As used in this section, the term "child" includes stepchildren,
legally adopted children, posthumous children, and acknowledged
children born out of wedlock. The term "parent" includes stepparents
and parents by adoption.
(c) The dependency of a child under subsections (a)(3) and (a)(4)
shall terminate when the child attains the age of twenty-one (21).
(d) The dependency of any person as a presumptive dependent
shall terminate upon the marriage of such dependent subsequent to
the death of the employee, and such dependency shall not be
reinstated by divorce. However, for deaths from injuries occurring on
and after July 1, 1977, a surviving spouse who is a presumptive
dependent and who is the only surviving dependent of the deceased
is entitled to receive, upon remarriage before the expiration of the
maximum statutory compensation period, a lump sum settlement
equal to the smaller of one hundred four (104) weeks of
compensation or the compensation for the remainder of the
maximum statutory period.
(e) The dependency of any child under subsection (a)(6) shall be
terminated at such time as such dependent becomes gainfully
employed or marries.
(Formerly: Acts 1937, c.69, s.7b; Acts 1947, c.164, s.3; Acts 1963,
c.388, s.9.) As amended by Acts 1977, P.L.261, SEC.4;
P.L.152-1987, SEC.7; P.L.134-1990, SEC.2.
IC 22-3-7-14
Dependents; total or partial dependents; relatives; termination of
dependency
Sec. 14. Total or partial dependents in fact shall include only
those persons related to the deceased employee by blood or by
marriage, except an unmarried child under eighteen (18) years of age.
Any such person who is actually totally or partially dependent upon
the deceased employee is entitled to compensation as such dependent
in fact. The right to compensation of any person totally or partially
dependent in fact shall be terminated by the marriage of such
dependent subsequent to the death of the employee and such
dependency shall not be reinstated by divorce.
(Formerly: Acts 1937, c.69, s.7c; Acts 1947, c.164, s.4.)
IC 22-3-7-15
Death benefits; burial expenses
Sec. 15. In cases of the death of an employee from an
occupational disease arising out of and in the course of the
employee's employment under circumstances that the employee
would have been entitled to compensation if death had not resulted,
the employer shall pay the burial expenses of such employee, not
exceeding seven thousand five hundred dollars ($7,500).
(Formerly: Acts 1937, c.69, s.7d; Acts 1947, c.164, s.5; Acts 1955,
c.241, s.1; Acts 1963, c.388, s.10; Acts 1967, c.313, s.2; Acts 1971,
P.L.354, SEC.1.) As amended by P.L.225-1983, SEC.3; P.L.95-1988,
SEC.13; P.L.170-1991, SEC.18; P.L.201-2005, SEC.8.
IC 22-3-7-16
Disablements; awards
Sec. 16. (a) Compensation shall be allowed on account of
disablement from occupational disease resulting in only temporary
total disability to work or temporary partial disability to work
beginning with the eighth day of such disability except for the
medical benefits provided for in section 17 of this chapter.
Compensation shall be allowed for the first seven (7) calendar days
only as provided in this section. The first weekly installment of
compensation for temporary disability is due fourteen (14) days after
the disability begins. Not later than fifteen (15) days from the date
that the first installment of compensation is due, the employer or the
employer's insurance carrier shall tender to the employee or to the
employee's dependents, with all compensation due, a properly
prepared compensation agreement in a form prescribed by the board.
Whenever an employer or the employer's insurance carrier denies or
is not able to determine liability to pay compensation or benefits, the
employer or the employer's insurance carrier shall notify the worker's
compensation board and the employee in writing on a form
prescribed by the worker's compensation board not later than thirty
(30) days after the employer's knowledge of the claimed disablement.
If a determination of liability cannot be made within thirty (30) days,
the worker's compensation board may approve an additional thirty
(30) days upon a written request of the employer or the employer's
insurance carrier that sets forth the reasons that the determination
could not be made within thirty (30) days and states the facts or
circumstances that are necessary to determine liability within the
additional thirty (30) days. More than thirty (30) days of additional
time may be approved by the worker's compensation board upon the
filing of a petition by the employer or the employer's insurance
carrier that sets forth:
(1) the extraordinary circumstances that have precluded a
determination of liability within the initial sixty (60) days;
(2) the status of the investigation on the date the petition is
filed;
(3) the facts or circumstances that are necessary to make a
determination; and
(4) a timetable for the completion of the remaining
investigation.
An employer who fails to comply with this section is subject to a
civil penalty under IC 22-3-4-15.
(b) Once begun, temporary total disability benefits may not be
terminated by the employer unless:
(1) the employee has returned to work;
(2) the employee has died;
(3) the employee has refused to undergo a medical examination
under section 20 of this chapter;
(4) the employee has received five hundred (500) weeks of
temporary total disability benefits or has been paid the
maximum compensation allowable under section 19 of this
chapter; or
(5) the employee is unable or unavailable to work for reasons
unrelated to the compensable disease.
In all other cases the employer must notify the employee in writing
of the employer's intent to terminate the payment of temporary total
disability benefits, and of the availability of employment, if any, on
a form approved by the board. If the employee disagrees with the
proposed termination, the employee must give written notice of
disagreement to the board and the employer within seven (7) days
after receipt of the notice of intent to terminate benefits. If the board
and employer do not receive a notice of disagreement under this
section, the employee's temporary total disability benefits shall be
terminated. Upon receipt of the notice of disagreement, the board
shall immediately contact the parties, which may be by telephone or
other means and attempt to resolve the disagreement. If the board is
unable to resolve the disagreement within ten (10) days of receipt of
the notice of disagreement, the board shall immediately arrange for
an evaluation of the employee by an independent medical examiner.
The independent medical examiner shall be selected by mutual
agreement of the parties or, if the parties are unable to agree,
appointed by the board under IC 22-3-4-11. If the independent
medical examiner determines that the employee is no longer
temporarily disabled or is still temporarily disabled but can return to
employment that the employer has made available to the employee,
or if the employee fails or refuses to appear for examination by the
independent medical examiner, temporary total disability benefits
may be terminated. If either party disagrees with the opinion of the
independent medical examiner, the party shall apply to the board for
a hearing under section 27 of this chapter.
(c) An employer is not required to continue the payment of
temporary total disability benefits for more than fourteen (14) days
after the employer's proposed termination date unless the
independent medical examiner determines that the employee is
temporarily disabled and unable to return to any employment that the
employer has made available to the employee.
(d) If it is determined that as a result of this section temporary
total disability benefits were overpaid, the overpayment shall be
deducted from any benefits due the employee under this section and,
if there are no benefits due the employee or the benefits due the
employee do not equal the amount of the overpayment, the employee
shall be responsible for paying any overpayment which cannot be
deducted from benefits due the employee.
(e) For disablements occurring on and after July 1, 1976, from
occupational disease resulting in temporary total disability for any
work there shall be paid to the disabled employee during the
temporary total disability weekly compensation equal to sixty-six and
two-thirds percent (66 2/3%) of the employee's average weekly
wages, as defined in section 19 of this chapter, for a period not to
exceed five hundred (500) weeks. Compensation shall be allowed for
the first seven (7) calendar days only if the disability continues for
longer than twenty-one (21) days.
(f) For disablements occurring on and after July 1, 1974, from
occupational disease resulting in temporary partial disability for
work there shall be paid to the disabled employee during such
disability a weekly compensation equal to sixty-six and two-thirds
percent (66 2/3%) of the difference between the employee's average
weekly wages, as defined in section 19 of this chapter, and the
weekly wages at which the employee is actually employed after the
disablement, for a period not to exceed three hundred (300) weeks.
Compensation shall be allowed for the first seven (7) calendar days
only if the disability continues for longer than twenty-one (21) days.
In case of partial disability after the period of temporary total
disability, the latter period shall be included as a part of the
maximum period allowed for partial disability.
(g) For disabilities occurring on and after July 1, 1979, and before
July 1, 1988, from occupational disease in the schedule set forth in
subsection (j), the employee shall receive in addition to disability
benefits, not exceeding fifty-two (52) weeks on account of the
occupational disease, a weekly compensation of sixty percent (60%)
of the employee's average weekly wages, not to exceed one hundred
twenty-five dollars ($125) average weekly wages, for the period
stated for the disabilities.
(h) For disabilities occurring on and after July 1, 1988, and before
July 1, 1989, from occupational disease in the schedule set forth in
subsection (j), the employee shall receive in addition to disability
benefits, not exceeding seventy-eight (78) weeks on account of the
occupational disease, a weekly compensation of sixty percent (60%)
of the employee's average weekly wages, not to exceed one hundred
sixty-six dollars ($166) average weekly wages, for the period stated
for the disabilities.
(i) For disabilities occurring on and after July 1, 1989, and before
July 1, 1990, from occupational disease in the schedule set forth in
subsection (j), the employee shall receive in addition to disability
benefits, not exceeding seventy-eight (78) weeks on account of the
occupational disease, a weekly compensation of sixty percent (60%)
of the employee's average weekly wages, not to exceed one hundred
eighty-three dollars ($183) average weekly wages, for the period
stated for the disabilities.
(j) For disabilities occurring on and after July 1, 1990, and before
July 1, 1991, from occupational disease in the following schedule,
the employee shall receive in addition to disability benefits, not
exceeding seventy-eight (78) weeks on account of the occupational
disease, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed two hundred dollars
($200) average weekly wages, for the period stated for the
disabilities.
(1) Amputations: For the loss by separation, of the thumb, sixty
(60) weeks; of the index finger, forty (40) weeks; of the second
finger, thirty-five (35) weeks; of the third or ring finger, thirty
(30) weeks; of the fourth or little finger, twenty (20) weeks; of
the hand by separation below the elbow, two hundred (200)
weeks; of the arm above the elbow joint, two hundred fifty
(250) weeks; of the big toe, sixty (60) weeks; of the second toe,
thirty (30) weeks; of the third toe, twenty (20) weeks; of the
fourth toe, fifteen (15) weeks; of the fifth or little toe, ten (10)
weeks; of the foot below the knee joint, one hundred fifty (150)
weeks; and of the leg above the knee joint, two hundred (200)
weeks. The loss of more than one (1) phalange of a thumb or
toe shall be considered as the loss of the entire thumb or toe.
The loss of more than two (2) phalanges of a finger shall be
considered as the loss of the entire finger. The loss of not more
than one (1) phalange of a thumb or toe shall be considered as
the loss of one-half (1/2) of the thumb or toe and compensation
shall be paid for one-half (1/2) of the period for the loss of the
entire thumb or toe. The loss of not more than two (2)
phalanges of a finger shall be considered as the loss of one-half
(1/2) the finger and compensation shall be paid for one-half
(1/2) of the period for the loss of the entire finger.
(2) Loss of Use: The total permanent loss of the use of an arm,
hand, thumb, finger, leg, foot, toe, or phalange shall be
considered as the equivalent of the loss by separation of the
arm, hand, thumb, finger, leg, foot, toe, or phalange and the
compensation shall be paid for the same period as for the loss
thereof by separation.
(3) Partial Loss of Use: For the permanent partial loss of the use
of an arm, hand, thumb, finger, leg, foot, toe, or phalange,
compensation shall be paid for the proportionate loss of the use
of such arm, hand, thumb, finger, leg, foot, toe, or phalange.
(4) For disablements for occupational disease resulting in total
permanent disability, five hundred (500) weeks.
(5) For the loss of both hands, or both feet, or the total sight of
both eyes, or any two (2) of such losses resulting from the same
disablement by occupational disease, five hundred (500) weeks.
(6) For the permanent and complete loss of vision by
enucleation of an eye or its reduction to one-tenth (1/10) of
normal vision with glasses, one hundred fifty (150) weeks, and
for any other permanent reduction of the sight of an eye,
compensation shall be paid for a period proportionate to the
degree of such permanent reduction without correction or
glasses. However, when such permanent reduction without
correction or glasses would result in one hundred percent
(100%) loss of vision, but correction or glasses would result in
restoration of vision, then compensation shall be paid for fifty
percent (50%) of such total loss of vision without glasses plus
an additional amount equal to the proportionate amount of such
reduction with glasses, not to exceed an additional fifty percent
(50%).
(7) For the permanent and complete loss of hearing, two
hundred (200) weeks.
(8) In all other cases of permanent partial impairment,
compensation proportionate to the degree of such permanent
partial impairment, in the discretion of the worker's
compensation board, not exceeding five hundred (500) weeks.
(9) In all cases of permanent disfigurement, which may impair
the future usefulness or opportunities of the employee,
compensation in the discretion of the worker's compensation
board, not exceeding two hundred (200) weeks, except that no
compensation shall be payable under this paragraph where
compensation shall be payable under subdivisions (1) through
(8). Where compensation for temporary total disability has been
paid, this amount of compensation shall be deducted from any
compensation due for permanent disfigurement.
(k) With respect to disablements in the following schedule
occurring on and after July 1, 1991, the employee shall receive in
addition to temporary total disability benefits, not exceeding one
hundred twenty-five (125) weeks on account of the disablement,
compensation in an amount determined under the following schedule
to be paid weekly at a rate of sixty-six and two-thirds percent (66
2/3%) of the employee's average weekly wages during the fifty-two
(52) weeks immediately preceding the week in which the
disablement occurred:
(1) Amputation: For the loss by separation of the thumb, twelve
(12) degrees of permanent impairment; of the index finger,
eight (8) degrees of permanent impairment; of the second
finger, seven (7) degrees of permanent impairment; of the third
or ring finger, six (6) degrees of permanent impairment; of the
fourth or little finger, four (4) degrees of permanent
impairment; of the hand by separation below the elbow joint,
forty (40) degrees of permanent impairment; of the arm above
the elbow, fifty (50) degrees of permanent impairment; of the
big toe, twelve (12) degrees of permanent impairment; of the
second toe, six (6) degrees of permanent impairment; of the
third toe, four (4) degrees of permanent impairment; of the
fourth toe, three (3) degrees of permanent impairment; of the
fifth or little toe, two (2) degrees of permanent impairment; of
separation of the foot below the knee joint, thirty-five (35)
degrees of permanent impairment; and of the leg above the knee
joint, forty-five (45) degrees of permanent impairment.
(2) Amputations occurring on or after July 1, 1997: For the loss
by separation of any of the body parts described in subdivision
(1) on or after July 1, 1997, the dollar values per degree
applying on the date of the injury as described in subsection (l)
shall be multiplied by two (2). However, the doubling provision
of this subdivision does not apply to a loss of use that is not a
loss by separation.
(3) The loss of more than one (1) phalange of a thumb or toe
shall be considered as the loss of the entire thumb or toe. The
loss of more than two (2) phalanges of a finger shall be
considered as the loss of the entire finger. The loss of not more
than one (1) phalange of a thumb or toe shall be considered as
the loss of one-half (1/2) of the degrees of permanent
impairment for the loss of the entire thumb or toe. The loss of
not more than one (1) phalange of a finger shall be considered
as the loss of one-third (1/3) of the finger and compensation
shall be paid for one-third (1/3) of the degrees payable for the
loss of the entire finger. The loss of more than one (1) phalange
of the finger but not more than two (2) phalanges of the finger
shall be considered as the loss of one-half (1/2) of the finger
and compensation shall be paid for one-half (1/2) of the degrees
payable for the loss of the entire finger.
(4) For the loss by separation of both hands or both feet or the
total sight of both eyes or any two (2) such losses in the same
accident, one hundred (100) degrees of permanent impairment.
(5) For the permanent and complete loss of vision by
enucleation or its reduction to one-tenth (1/10) of normal vision
with glasses, thirty-five (35) degrees of permanent impairment.
(6) For the permanent and complete loss of hearing in one (1)
ear, fifteen (15) degrees of permanent impairment, and in both
ears, forty (40) degrees of permanent impairment.
(7) For the loss of one (1) testicle, ten (10) degrees of
permanent impairment; for the loss of both testicles, thirty (30)
degrees of permanent impairment.
(8) Loss of use: The total permanent loss of the use of an arm,
a hand, a thumb, a finger, a leg, a foot, a toe, or a phalange shall
be considered as the equivalent of the loss by separation of the
arm, hand, thumb, finger, leg, foot, toe, or phalange, and
compensation shall be paid in the same amount as for the loss
by separation. However, the doubling provision of subdivision
(2) does not apply to a loss of use that is not a loss by
separation.
(9) Partial loss of use: For the permanent partial loss of the use
of an arm, a hand, a thumb, a finger, a leg, a foot, a toe, or a
phalange, compensation shall be paid for the proportionate loss
of the use of the arm, hand, thumb, finger, leg, foot, toe, or
phalange.
(10) For disablements resulting in total permanent disability, the
amount payable for impairment or five hundred (500) weeks of
compensation, whichever is greater.
(11) For any permanent reduction of the sight of an eye less
than a total loss as specified in subdivision (5), the
compensation shall be paid in an amount proportionate to the
degree of a permanent reduction without correction or glasses.
However, when a permanent reduction without correction or
glasses would result in one hundred percent (100%) loss of
vision, then compensation shall be paid for fifty percent (50%)
of the total loss of vision without glasses, plus an additional
amount equal to the proportionate amount of the reduction with
glasses, not to exceed an additional fifty percent (50%).
(12) For any permanent reduction of the hearing of one (1) or
both ears, less than the total loss as specified in subdivision (6),
compensation shall be paid in an amount proportionate to the
degree of a permanent reduction.
(13) In all other cases of permanent partial impairment,
compensation proportionate to the degree of a permanent partial
impairment, in the discretion of the worker's compensation
board, not exceeding one hundred (100) degrees of permanent
impairment.
(14) In all cases of permanent disfigurement which may impair
the future usefulness or opportunities of the employee,
compensation, in the discretion of the worker's compensation
board, not exceeding forty (40) degrees of permanent
impairment except that no compensation shall be payable under
this subdivision where compensation is payable elsewhere in
this section.
(l) With respect to disablements occurring on and after July 1,
1991, compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the disablement
determined under subsection (k) and the following:
(1) With respect to disablements occurring on and after July 1,
1991, and before July 1, 1992, for each degree of permanent
impairment from one (1) to thirty-five (35), five hundred dollars
($500) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), nine hundred dollars ($900)
per degree; for each degree of permanent impairment above
fifty (50), one thousand five hundred dollars ($1,500) per
degree.
(2) With respect to disablements occurring on and after July 1,
1992, and before July 1, 1993, for each degree of permanent
impairment from one (1) to twenty (20), five hundred dollars
($500) per degree; for each degree of permanent impairment
from twenty-one (21) to thirty-five (35), eight hundred dollars
($800) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand three hundred
dollars ($1,300) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(3) With respect to disablements occurring on and after July 1,
1993, and before July 1, 1997, for each degree of permanent
impairment from one (1) to ten (10), five hundred dollars
($500) per degree; for each degree of permanent impairment
from eleven (11) to twenty (20), seven hundred dollars ($700)
per degree; for each degree of permanent impairment from
twenty-one (21) to thirty-five (35), one thousand dollars
($1,000) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(4) With respect to disablements occurring on and after July 1,
1997, and before July 1, 1998, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand dollars
($1,000) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(5) With respect to disablements occurring on and after July 1,
1998, and before July 1, 1999, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand dollars
($1,000) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(6) With respect to disablements occurring on and after July 1,
1999, and before July 1, 2000, for each degree of permanent
impairment from one (1) to ten (10), nine hundred dollars
($900) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand one hundred
dollars ($1,100) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), one thousand six
hundred dollars ($1,600) per degree; for each degree of
permanent impairment above fifty (50), two thousand dollars
($2,000) per degree.
(7) With respect to disablements occurring on and after July 1,
2000, and before July 1, 2001, for each degree of permanent
impairment from one (1) to ten (10), one thousand one hundred
dollars ($1,100) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand
three hundred dollars ($1,300) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand dollars ($2,000) per degree; for each degree of
permanent impairment above fifty (50), two thousand five
hundred fifty dollars ($2,500) per degree.
(8) With respect to disablements occurring on and after July 1,
2001, and before July 1, 2007, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred dollars ($1,300) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35), one
thousand five hundred dollars ($1,500) per degree; for each
degree of permanent impairment from thirty-six (36) to fifty
(50), two thousand four hundred dollars ($2,400) per degree; for
each degree of permanent impairment above fifty (50), three
thousand dollars ($3,000) per degree.
(9) With respect to disablements occurring on and after July 1,
2007, and before July 1, 2008, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred forty dollars ($1,340) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35), one
thousand five hundred forty-five dollars ($1,545) per degree;
for each degree of permanent impairment from thirty-six (36) to
fifty (50), two thousand four hundred seventy-five dollars
($2,475) per degree; for each degree of permanent impairment
above fifty (50), three thousand one hundred fifty dollars
($3,150) per degree.
(10) With respect to disablements occurring on and after July 1,
2008, and before July 1, 2009, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred sixty-five dollars ($1,365) per degree; for each degree
of permanent impairment from eleven (11) to thirty-five (35),
one thousand five hundred seventy dollars ($1,570) per degree;
for each degree of permanent impairment from thirty-six (36) to
fifty (50), two thousand five hundred twenty-five dollars
($2,525) per degree; for each degree of permanent impairment
above fifty (50), three thousand two hundred dollars ($3,200)
per degree.
(11) With respect to disablements occurring on and after July 1,
2009, and before July 1, 2010, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred eighty dollars ($1,380) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35), one
thousand five hundred eighty-five dollars ($1,585) per degree;
for each degree of permanent impairment from thirty-six (36) to
fifty (50), two thousand six hundred dollars ($2,600) per
degree; for each degree of permanent impairment above fifty
(50), three thousand three hundred dollars ($3,300) per degree.
(12) With respect to disablements occurring on and after July 1,
2010, and before July 1, 2014, for each degree of permanent
impairment from one (1) to ten (10), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand
six hundred dollars ($1,600) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand seven hundred dollars ($2,700) per degree; for each
degree of permanent impairment above fifty (50), three
thousand five hundred dollars ($3,500) per degree.
(13) With respect to disablements occurring on and after July 1,
2014, and before July 1, 2015, for each degree of permanent
impairment from one (1) to ten (10), one thousand five hundred
seventeen dollars ($1,517) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35), one
thousand seven hundred seventeen dollars ($1,717) per degree;
for each degree of permanent impairment from thirty-six (36) to
fifty (50), two thousand eight hundred sixty-two dollars
($2,862) per degree; for each degree of permanent impairment
above fifty (50), three thousand six hundred eighty-seven
dollars ($3,687) per degree.
(14) With respect to disablements occurring on and after July 1,
2015, and before July 1, 2016, for each degree of permanent
impairment from one (1) to ten (10), one thousand six hundred
thirty-three dollars ($1,633) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35), one
thousand eight hundred thirty-five dollars ($1,835) per degree;
for each degree of permanent impairment from thirty-six (36) to
fifty (50), three thousand twenty-four dollars ($3,024) per
degree; for each degree of permanent impairment above fifty
(50), three thousand eight hundred seventy-three dollars
($3,873) per degree.
(15) With respect to disablements occurring on and after July 1,
2016, for each degree of permanent impairment from one (1) to
ten (10), one thousand seven hundred fifty dollars ($1,750) per
degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), one thousand nine hundred fifty-two
dollars ($1,952) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), three thousand one
hundred eighty-six dollars ($3,186) per degree; for each degree
of permanent impairment above fifty (50), four thousand sixty
dollars ($4,060) per degree.
(m) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections
(k) and (l) shall not exceed the following:
(1) With respect to disablements occurring on or after July 1,
1991, and before July 1, 1992, four hundred ninety-two dollars
($492).
(2) With respect to disablements occurring on or after July 1,
1992, and before July 1, 1993, five hundred forty dollars
($540).
(3) With respect to disablements occurring on or after July 1,
1993, and before July 1, 1994, five hundred ninety-one dollars
($591).
(4) With respect to disablements occurring on or after July 1,
1994, and before July 1, 1997, six hundred forty-two dollars
($642).
(5) With respect to disablements occurring on or after July 1,
1997, and before July 1, 1998, six hundred seventy-two dollars
($672).
(6) With respect to disablements occurring on or after July 1,
1998, and before July 1, 1999, seven hundred two dollars
($702).
(7) With respect to disablements occurring on or after July 1,
1999, and before July 1, 2000, seven hundred thirty-two dollars
($732).
(8) With respect to disablements occurring on or after July 1,
2000, and before July 1, 2001, seven hundred sixty-two dollars
($762).
(9) With respect to disablements occurring on or after July 1,
2001, and before July 1, 2002, eight hundred twenty-two dollars
($822).
(10) With respect to disablements occurring on or after July 1,
2002, and before July 1, 2006, eight hundred eighty-two dollars
($882).
(11) With respect to disablements occurring on or after July 1,
2006, and before July 1, 2007, nine hundred dollars ($900).
(12) With respect to disablements occurring on or after July 1,
2007, and before July 1, 2008, nine hundred thirty dollars
($930).
(13) With respect to disablements occurring on or after July 1,
2008, and before July 1, 2009, nine hundred fifty-four dollars
($954).
(14) With respect to disablements occurring on or after July 1,
2009, and before July 1, 2014, nine hundred seventy-five
dollars ($975).
(15) With respect to disablements occurring on or after July 1,
2014, and before July 1, 2015, one thousand forty dollars
($1,040).
(16) With respect to disablements occurring on or after July 1,
2015, and before July 1, 2016, one thousand one hundred five
dollars ($1,105).
(17) With respect to disablements occurring on or after July 1,
2016, one thousand one hundred seventy dollars ($1,170).
(n) If any employee, only partially disabled, refuses employment
suitable to the employee's capacity procured for the employee, the
employee shall not be entitled to any compensation at any time
during the continuance of such refusal unless, in the opinion of the
worker's compensation board, such refusal was justifiable. The
employee must be served with a notice setting forth the consequences
of the refusal under this subsection. The notice must be in a form
prescribed by the worker's compensation board.
(o) If an employee has sustained a permanent impairment or
disability from an accidental injury other than an occupational
disease in another employment than that in which the employee
suffered a subsequent disability from an occupational disease, such
as herein specified, the employee shall be entitled to compensation
for the subsequent disability in the same amount as if the previous
impairment or disability had not occurred. However, if the permanent
impairment or disability resulting from an occupational disease for
which compensation is claimed results only in the aggravation or
increase of a previously sustained permanent impairment from an
occupational disease or physical condition regardless of the source
or cause of such previously sustained impairment from an
occupational disease or physical condition, the board shall determine
the extent of the previously sustained permanent impairment from an
occupational disease or physical condition as well as the extent of the
aggravation or increase resulting from the subsequent permanent
impairment or disability, and shall award compensation only for that
part of said occupational disease or physical condition resulting from
the subsequent permanent impairment. An amputation of any part of
the body or loss of any or all of the vision of one (1) or both eyes
caused by an occupational disease shall be considered as a permanent
impairment or physical condition.
(p) If an employee suffers a disablement from an occupational
disease for which compensation is payable while the employee is still
receiving or entitled to compensation for a previous injury by
accident or disability by occupational disease in the same
employment, the employee shall not at the same time be entitled to
compensation for both, unless it be for a permanent injury, such as
specified in subsection (k)(1), (k)(4), (k)(5), (k)(8), or (k)(9), but the
employee shall be entitled to compensation for that disability and
from the time of that disability which will cover the longest period
and the largest amount payable under this chapter.
(q) If an employee receives a permanent disability from an
occupational disease such as specified in subsection (k)(1), (k)(4),
(k)(5), (k)(8), or (k)(9) after having sustained another such
permanent disability in the same employment the employee shall be
entitled to compensation for both such disabilities, but the total
compensation shall be paid by extending the period and not by
increasing the amount of weekly compensation and, when such
previous and subsequent permanent disabilities, in combination
result in total permanent disability or permanent total impairment,
compensation shall be payable for such permanent total disability or
impairment, but payments made for the previous disability or
impairment shall be deducted from the total payment of
compensation due.
(r) When an employee has been awarded or is entitled to an award
of compensation for a definite period from an occupational disease
wherein disablement occurs on and after April 1, 1963, and such
employee dies from other causes than such occupational disease,
payment of the unpaid balance of such compensation not exceeding
three hundred fifty (350) weeks shall be paid to the employee's
dependents of the second and third class as defined in sections 11
through 14 of this chapter and compensation, not exceeding five
hundred (500) weeks shall be made to the employee's dependents of
the first class as defined in sections 11 through 14 of this chapter.
(s) Any payment made by the employer to the employee during
the period of the employee's disability, or to the employee's
dependents, which, by the terms of this chapter, was not due and
payable when made, may, subject to the approval of the worker's
compensation board, be deducted from the amount to be paid as
compensation, but such deduction shall be made from the distal end
of the period during which compensation must be paid, except in
cases of temporary disability.
(t) When so provided in the compensation agreement or in the
award of the worker's compensation board, compensation may be
paid semimonthly, or monthly, instead of weekly.
(u) When the aggregate payments of compensation awarded by
agreement or upon hearing to an employee or dependent under
eighteen (18) years of age do not exceed one hundred dollars ($100),
the payment thereof may be made directly to such employee or
dependent, except when the worker's compensation board shall order
otherwise.
(v) Whenever the aggregate payments of compensation, due to
any person under eighteen (18) years of age, exceed one hundred
dollars ($100), the payment thereof shall be made to a trustee,
appointed by the circuit or superior court, or to a duly qualified
guardian, or, upon the order of the worker's compensation board, to
a parent or to such minor person. The payment of compensation, due
to any person eighteen (18) years of age or over, may be made
directly to such person.
(w) If an employee, or a dependent, is mentally incompetent, or
a minor at the time when any right or privilege accrues to the
employee under this chapter, the employee's guardian or trustee may,
in the employee's behalf, claim and exercise such right and privilege.
(x) All compensation payments named and provided for in this
section, shall mean and be defined to be for only such occupational
diseases and disabilities therefrom as are proved by competent
evidence, of which there are or have been objective conditions or
symptoms proven, not within the physical or mental control of the
employee.
(Formerly: Acts 1937, c.69, s.8; Acts 1949, c.242, s.1; Acts 1951,
c.250, s.1; Acts 1955, c.326, s.1; Acts 1963, c.388, s.11; Acts 1971,
P.L.354, SEC.2; Acts 1974, P.L.109, SEC.5.) As amended by Acts
1976, P.L.112, SEC.5; Acts 1977, P.L.261, SEC.5; Acts 1979,
P.L.227, SEC.5; P.L.95-1988, SEC.14; P.L.170-1991, SEC.19;
P.L.258-1997(ss), SEC.14; P.L.31-2000, SEC.8; P.L.1-2001,
SEC.28; P.L.134-2006, SEC.9; P.L.168-2011, SEC.13;
P.L.275-2013, SEC.13.
IC 22-3-7-17
Medical attendance and treatment; prosthetic devices; emergency
treatment; liability to providers; medical service provider claims
Sec. 17. (a) During the period of disablement, the employer shall
furnish or cause to be furnished, free of charge to the employee, an
attending physician for the treatment of the employee's occupational
disease, and in addition thereto such services and products as the
attending physician or the worker's compensation board may deem
necessary. If the employee is requested or required by the employer
to submit to treatment outside the county of employment, the
employer shall also pay the reasonable expense of travel, food, and
lodging necessary during the travel, but not to exceed the amount
paid at the time of the travel by the state of Indiana to its employees.
If the treatment or travel to or from the place of treatment causes a
loss of working time to the employee, the employer shall reimburse
the employee for the loss of wages using the basis of the employee's
average daily wage.
(b) During the period of disablement resulting from the
occupational disease, the employer shall furnish such physician,
services and products, and the worker's compensation board may, on
proper application of either party, require that treatment by such
physician and such services and products be furnished by or on
behalf of the employer as the board may deem reasonably necessary.
After an employee's occupational disease has been adjudicated by
agreement or award on the basis of permanent partial impairment and
within the statutory period for review in such case as provided in
section 27(i) of this chapter, the employer may continue to furnish a
physician or a surgeon and other services and products, and the board
may, within such statutory period for review as provided in section
27(i) of this chapter, on a proper application of either party, require
that treatment by such physician or surgeon and such services and
products be furnished by and on behalf of the employer as the board
may deem necessary to limit or reduce the amount and extent of such
impairment. The refusal of the employee to accept such services and
products when so provided by or on behalf of the employer, shall bar
the employee from all compensation otherwise payable during the
period of such refusal and the employee's right to prosecute any
proceeding under this chapter shall be suspended and abated until
such refusal ceases. The employee must be served with a notice
setting forth the consequences of the refusal under this section. The
notice must be in a form prescribed by the worker's compensation
board. No compensation for permanent total impairment, permanent
partial impairment, permanent disfigurement, or death shall be paid
or payable for that part or portion of such impairment, disfigurement,
or death which is the result of the failure of such employee to accept
such services and products, provided that an employer may at any
time permit an employee to have treatment for the employee's disease
or injury by spiritual means or prayer in lieu of such physician,
services and products.
(c) Regardless of when it occurs, where a compensable
occupational disease results in the amputation of a body part, the
enucleation of an eye, or the loss of natural teeth, the employer shall
furnish an appropriate artificial member, braces, and prosthodontics.
The cost of repairs to or replacements for the artificial members,
braces, or prosthodontics that result from a compensable
occupational disease pursuant to a prior award and are required due
to either medical necessity or normal wear and tear, determined
according to the employee's individual use, but not abuse, of the
artificial member, braces, or prosthodontics, shall be paid from the
second injury fund upon order or award of the worker's
compensation board. The employee is not required to meet any other
requirement for admission to the second injury fund.
(d) If an emergency or because of the employer's failure to
provide such attending physician or such services and products or
such treatment by spiritual means or prayer as specified in this
section, or for other good reason, a physician other than that
provided by the employer treats the diseased employee within the
period of disability, or necessary and proper services and products
are procured within the period, the reasonable cost of such services
and products shall, subject to approval of the worker's compensation
board, be paid by the employer.
(e) An employer or employer's insurance carrier may not delay the
provision of emergency medical care whenever emergency medical
care is considered necessary in the professional judgment of the
attending health care facility physician.
(f) This section may not be construed to prohibit an agreement
between an employer and employees that has the approval of the
board and that:
(1) binds the parties to medical care furnished by medical
service providers selected by agreement before or after
disablement; or
(2) makes the findings of a medical service provider chosen in
this manner binding upon the parties.
(g) The employee and the employee's estate do not have liability
to a medical service provider for payment for services obtained under
this section. The right to order payment for all services provided
under this chapter is solely with the board. All claims by a medical
service provider for payment for services are against the employer
and the employer's insurance carrier, if any, and must be made with
the board under this chapter. After June 30, 2011, a medical service
provider must file an application for adjustment of a claim for a
medical service provider's fee with the board not later than two (2)
years after the receipt of an initial written communication from the
employer, the employer's insurance carrier, if any, or an agent acting
on behalf of the employer after the medical service provider submits
a bill for services. To offset a part of the board's expenses related to
the administration of medical service provider reimbursement
disputes, a medical service facility shall pay a filing fee of sixty
dollars ($60) in a balance billing case. The filing fee must
accompany each application filed with the board. If an employer,
employer's insurance carrier, or an agent acting on behalf of the
employer denies or fails to pay any amount on a claim submitted by
a medical service facility, a filing fee is not required to accompany
an application that is filed for the denied or unpaid claim. A medical
service provider may combine up to ten (10) individual claims into
one (1) application whenever:
(1) all individual claims involve the same employer, insurance
carrier, or billing review service; and
(2) the amount of each individual claim does not exceed two
hundred dollars ($200).
(Formerly: Acts 1937, c.69, s.9; Acts 1947, c.164, s.6; Acts 1963,
c.388, s.12.) As amended by P.L.144-1986, SEC.63; P.L.28-1988,
SEC.52; P.L.95-1988, SEC.15; P.L.170-1991, SEC.20;
P.L.258-1997(ss), SEC.15; P.L.31-2000, SEC.9; P.L.67-2010,
SEC.3; P.L.168-2011, SEC.14; P.L.275-2013, SEC.14.
IC 22-3-7-17.1
Collection of medical expense payments; civil penalties; good faith
errors
Sec. 17.1. (a) A medical service provider or a medical service
provider's agent, servant, employee, assignee, employer, or
independent contractor on behalf of the medical service provider may
not knowingly collect or attempt to collect the payment of a charge
for medical services or products covered under IC 22 from an
employee or the employee's estate or family members.
(b) If after a hearing, the worker's compensation board finds that
a medical service provider has violated this section, the worker's
compensation board may assess a civil penalty against the medical
service provider in an amount that is at least one hundred dollars
($100) but less than one thousand dollars ($1,000) for each violation.
(c) The worker's compensation board may not assess a civil
penalty against a medical service provider for a violation of this
section that is the result of a good faith error.
As added by P.L.216-1995, SEC.6.
IC 22-3-7-17.2
Billing review service standards
Sec. 17.2. (a) A billing review service shall adhere to the
following requirements to determine the pecuniary liability of an
employer or an employer's insurance carrier for a specific service or
product covered under this chapter provided before July 1, 2014, by
all medical service providers, and after June 30, 2014, by a medical
service provider that is not a medical service facility:
(1) The formation of a billing review standard, and any
subsequent analysis or revision of the standard, must use data
that is based on the medical service provider billing charges as
submitted to the employer and the employer's insurance carrier
from the same community. This subdivision does not apply
when a unique or specialized service or product does not have
sufficient comparative data to allow for a reasonable
comparison.
(2) Data used to determine pecuniary liability must be compiled
on or before June 30 and December 31 of each year.
(3) Billing review standards must be revised for prospective
future payments of medical service provider bills to provide for
payment of the charges at a rate not more than the charges made
by eighty percent (80%) of the medical service providers during
the prior six (6) months within the same community. The data
used to perform the analysis and revision of the billing review
standards may not be more than two (2) years old and must be
periodically updated by a representative inflationary or
deflationary factor. Reimbursement for these charges may not
exceed the actual charge invoiced by the medical service
provider.
(b) This subsection applies after June 30, 2014, to a medical
service facility. The pecuniary liability of an employer or an
employer's insurance carrier for a specific service or product covered
under worker's compensation and provided by a medical service
facility is equal to a reasonable amount, which is established by
payment of one (1) of the following:
(1) The amount negotiated at any time between the medical
service facility and any of the following:
(A) The employer.
(B) The employer's insurance carrier.
(C) A billing review service on behalf of a person described
in clause (A) or (B).
(D) A direct provider network that has contracted with a
person described in clause (A) or (B).
(2) Two hundred percent (200%) of the amount that would be
paid to the medical service facility on the same date for the
same service or product under the medical service facility's
Medicare reimbursement rate, if an amount has not been
negotiated as described in subdivision (1).
(c) The payment to a medical service provider for an implant
furnished to an employee under this chapter may not exceed the
invoice amount plus twenty-five percent (25%).
(d) A medical service provider may request an explanation from
a billing review service if the medical service provider's bill has been
reduced as a result of application of the eightieth percentile or of a
Current Procedural Terminology (CPT) or Medicare coding change.
The request must be made not later than sixty (60) days after receipt
of the notice of the reduction. If a request is made, the billing review
service must provide:
(1) the name of the billing review service used to make the
reduction;
(2) the dollar amount of the reduction;
(3) the dollar amount of the medical service at the eightieth
percentile; and
(4) in the case of a CPT or Medicare coding change, the basis
upon which the change was made;
not later than thirty (30) days after the date of the request.
(e) If, after a hearing, the worker's compensation board finds that
a billing review service used a billing review standard that did not
comply with subsection (a)(1) through (a)(3), as applicable, in
determining the pecuniary liability of an employer or an employer's
insurance carrier for a medical service provider's charge for services
or products covered under occupational disease compensation, the
worker's compensation board may assess a civil penalty against the
billing review service in an amount not less than one hundred dollars
($100) and not more than one thousand dollars ($1,000).
As added by P.L.216-1995, SEC.7. Amended by P.L.202-2001,
SEC.9; P.L.275-2013, SEC.15.
IC 22-3-7-17.4
Repackaged drugs; maximum reimbursement amount
Sec. 17.4. (a) As used in this section, "legend drug" has the
meaning set forth in IC 25-26-14-7.
(b) As used in this section, "repackage" has the meaning set forth
in IC 25-26-14-9.3.
(c) This subsection does not apply to a retail or mail order
pharmacy. Except as provided in subsection (d), whenever a
prescription covered by this chapter is filled using a repackaged
legend drug, the maximum reimbursement amount for the repackaged
legend drug must be computed using the average wholesale price set
by the original manufacturer for the legend drug.
(d) If the National Drug Code (established under Section 510 of
the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 360) for a
legend drug cannot be determined from the medical service
provider's billing or statement, the maximum reimbursement amount
for the repackaged legend drug under subsection (c) is the lowest
cost generic for that legend drug.
As added by P.L.275-2013, SEC.16.
IC 22-3-7-18
Awards; lump sum payments
Sec. 18. (a) Any employer or employee or beneficiary who shall
desire to have such compensation, or any unpaid part thereof, paid in
a lump sum, may petition the worker's compensation board, asking
that such compensation be so paid, and if, upon proper notice to the
interested parties, and a proper showing made before the worker's
compensation board, or any member thereof, it appears to the best
interest of the parties that such compensation be so paid, the worker's
compensation board may order the commutation of the compensation
to an equivalent lump sum, which commutation shall be an amount
which will equal the total sum of the probable future payments
capitalized at their present value upon the basis of interest calculated
at three percent (3%) per year with annual rests. In cases indicating
complete disability, no petition for a commutation to a lump sum
basis shall be entertained by the board until after the expiration of six
(6) months from the date of the disablement.
(b) Whenever the worker's compensation board deems it
expedient, any lump sum under this section shall be paid by the
employer to some suitable person or corporation appointed by the
circuit or superior court, as trustee, to administer the same for the
benefit of the person entitled thereto, in the manner authorized by the
court appointing such trustee. The receipt of such trustee for the
amount so paid shall discharge the employer or anyone else who is
liable therefor.
(Formerly: Acts 1937, c.69, s.10.) As amended by P.L.28-1988,
SEC.53; P.L.1-2006, SEC.341.
IC 22-3-7-19
Awards; computation; average weekly wages
Sec. 19. (a) In computing compensation for temporary total
disability, temporary partial disability, and total permanent disability,
with respect to occupational diseases occurring on and after July 1,
1985, and before July 1, 1986, the average weekly wages are
considered to be:
(1) not more than two hundred sixty-seven dollars ($267); and
(2) not less than seventy-five dollars ($75).
(b) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1986,
and before July 1, 1988, the average weekly wages are considered to
be:
(1) not more than two hundred eighty-five dollars ($285); and
(2) not less than seventy-five dollars ($75).
(c) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1988,
and before July 1, 1989, the average weekly wages are considered to
be:
(1) not more than three hundred eighty-four dollars ($384); and
(2) not less than seventy-five dollars ($75).
(d) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1989,
and before July 1, 1990, the average weekly wages are considered to
be:
(1) not more than four hundred eleven dollars ($411); and
(2) not less than seventy-five dollars ($75).
(e) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1990,
and before July 1, 1991, the average weekly wages are considered to
be:
(1) not more than four hundred forty-one dollars ($441); and
(2) not less than seventy-five dollars ($75).
(f) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1991,
and before July 1, 1992, the average weekly wages are considered to
be:
(1) not more than four hundred ninety-two dollars ($492); and
(2) not less than seventy-five dollars ($75).
(g) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1992,
and before July 1, 1993, the average weekly wages are considered to
be:
(1) not more than five hundred forty dollars ($540); and
(2) not less than seventy-five dollars ($75).
(h) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1993,
and before July 1, 1994, the average weekly wages are considered to
be:
(1) not more than five hundred ninety-one dollars ($591); and
(2) not less than seventy-five dollars ($75).
(i) In computing compensation for temporary total disability,
temporary partial disability and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1994,
and before July 1, 1997, the average weekly wages are considered to
be:
(1) not more than six hundred forty-two dollars ($642); and
(2) not less than seventy-five dollars ($75).
(j) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, the
average weekly wages are considered to be:
(1) with respect to occupational diseases occurring on and after
July 1, 1997, and before July 1, 1998:
(A) not more than six hundred seventy-two dollars ($672);
and
(B) not less than seventy-five dollars ($75);
(2) with respect to occupational diseases occurring on and after
July 1, 1998, and before July 1, 1999:
(A) not more than seven hundred two dollars ($702); and
(B) not less than seventy-five dollars ($75);
(3) with respect to occupational diseases occurring on and after
July 1, 1999, and before July 1, 2000:
(A) not more than seven hundred thirty-two dollars ($732);
and
(B) not less than seventy-five dollars ($75);
(4) with respect to occupational diseases occurring on and after
July 1, 2000, and before July 1, 2001:
(A) not more than seven hundred sixty-two dollars ($762);
and
(B) not less than seventy-five dollars ($75);
(5) with respect to disablements occurring on and after July 1,
2001, and before July 1, 2002:
(A) not more than eight hundred twenty-two dollars ($822);
and
(B) not less than seventy-five dollars ($75);
(6) with respect to disablements occurring on and after July 1,
2002, and before July 1, 2006:
(A) not more than eight hundred eighty-two dollars ($882);
and
(B) not less than seventy-five dollars ($75);
(7) with respect to disablements occurring on and after July 1,
2006, and before July 1, 2007:
(A) not more than nine hundred dollars ($900); and
(B) not less than seventy-five dollars ($75);
(8) with respect to disablements occurring on and after July 1,
2007, and before July 1, 2008:
(A) not more than nine hundred thirty dollars ($930); and
(B) not less than seventy-five dollars ($75);
(9) with respect to disablements occurring on and after July 1,
2008, and before July 1, 2009:
(A) not more than nine hundred fifty-four dollars ($954);
and
(B) not less than seventy-five dollars ($75);
(10) with respect to disablements occurring on and after July 1,
2009, and before July 1, 2014:
(A) not more than nine hundred seventy-five dollars ($975);
and
(B) not less than seventy-five dollars ($75);
(11) with respect to disablements occurring on and after July 1,
2014, and before July 1, 2015:
(A) not more than one thousand forty dollars ($1,040); and
(B) not less than seventy-five dollars ($75);
(12) with respect to disablements occurring on and after July 1,
2015, and before July 1, 2016:
(A) not more than one thousand one hundred five dollars
($1,105); and
(B) not less than seventy-five dollars ($75); and
(13) with respect to disablements occurring on and after July 1,
2016:
(A) not more than one thousand one hundred seventy dollars
($1,170); and
(B) not less than seventy-five dollars ($75).
(k) The maximum compensation with respect to disability or death
occurring on and after July 1, 1985, and before July 1, 1986, which
shall be paid for occupational disease and the results thereof under
the provisions of this chapter or under any combination of its
provisions may not exceed eighty-nine thousand dollars ($89,000) in
any case.
(l) The maximum compensation with respect to disability or death
occurring on and after July 1, 1986, and before July 1, 1988, which
shall be paid for occupational disease and the results thereof under
the provisions of this chapter or under any combination of its
provisions may not exceed ninety-five thousand dollars ($95,000) in
any case.
(m) The maximum compensation with respect to disability or
death occurring on and after July 1, 1988, and before July 1, 1989,
that shall be paid for occupational disease and the results thereof
under this chapter or under any combination of its provisions may
not exceed one hundred twenty-eight thousand dollars ($128,000) in
any case.
(n) The maximum compensation with respect to disability or
death occurring on and after July 1, 1989, and before July 1, 1990,
that shall be paid for occupational disease and the results thereof
under this chapter or under any combination of its provisions may
not exceed one hundred thirty-seven thousand dollars ($137,000) in
any case.
(o) The maximum compensation with respect to disability or
death occurring on and after July 1, 1990, and before July 1, 1991,
that shall be paid for occupational disease and the results thereof
under this chapter or under any combination of its provisions may
not exceed one hundred forty-seven thousand dollars ($147,000) in
any case.
(p) The maximum compensation with respect to disability or
death occurring on and after July 1, 1991, and before July 1, 1992,
that shall be paid for occupational disease and the results thereof
under this chapter or under any combination of the provisions of this
chapter may not exceed one hundred sixty-four thousand dollars
($164,000) in any case.
(q) The maximum compensation with respect to disability or
death occurring on and after July 1, 1992, and before July 1, 1993,
that shall be paid for occupational disease and the results thereof
under this chapter or under any combination of the provisions of this
chapter may not exceed one hundred eighty thousand dollars
($180,000) in any case.
(r) The maximum compensation with respect to disability or death
occurring on and after July 1, 1993, and before July 1, 1994, that
shall be paid for occupational disease and the results thereof under
this chapter or under any combination of the provisions of this
chapter may not exceed one hundred ninety-seven thousand dollars
($197,000) in any case.
(s) The maximum compensation with respect to disability or death
occurring on and after July 1, 1994, and before July 1, 1997, that
shall be paid for occupational disease and the results thereof under
this chapter or under any combination of the provisions of this
chapter may not exceed two hundred fourteen thousand dollars
($214,000) in any case.
(t) The maximum compensation that shall be paid for
occupational disease and the results of an occupational disease under
this chapter or under any combination of the provisions of this
chapter may not exceed the following amounts in any case:
(1) With respect to disability or death occurring on and after
July 1, 1997, and before July 1, 1998, two hundred twenty-four
thousand dollars ($224,000).
(2) With respect to disability or death occurring on and after
July 1, 1998, and before July 1, 1999, two hundred thirty-four
thousand dollars ($234,000).
(3) With respect to disability or death occurring on and after
July 1, 1999, and before July 1, 2000, two hundred forty-four
thousand dollars ($244,000).
(4) With respect to disability or death occurring on and after
July 1, 2000, and before July 1, 2001, two hundred fifty-four
thousand dollars ($254,000).
(5) With respect to disability or death occurring on and after
July 1, 2001, and before July 1, 2002, two hundred seventy-four
thousand dollars ($274,000).
(6) With respect to disability or death occurring on and after
July 1, 2002, and before July 1, 2006, two hundred ninety-four
thousand dollars ($294,000).
(7) With respect to disability or death occurring on and after
July 1, 2006, and before July 1, 2007, three hundred thousand
dollars ($300,000).
(8) With respect to disability or death occurring on and after
July 1, 2007, and before July 1, 2008, three hundred ten
thousand dollars ($310,000).
(9) With respect to disability or death occurring on and after
July 1, 2008, and before July 1, 2009, three hundred eighteen
thousand dollars ($318,000).
(10) With respect to disability or death occurring on and after
July 1, 2009, and before July 1, 2014, three hundred twenty-five
thousand dollars ($325,000).
(11) With respect to disability or death occurring on and after
July 1, 2014, and before July 1, 2015, three hundred forty-seven
thousand dollars ($347,000).
(12) With respect to disability or death occurring on and after
July 1, 2015, and before July 1, 2016, three hundred sixty-eight
thousand dollars ($368,000).
(13) With respect to disability or death occurring on and after
July 1, 2016, three hundred ninety thousand dollars ($390,000).
(u) For all disabilities occurring on and after July 1, 1985,
"average weekly wages" means the earnings of the injured employee
during the period of fifty-two (52) weeks immediately preceding the
disability divided by fifty-two (52). If the employee lost seven (7) or
more calendar days during the period, although not in the same week,
then the earnings for the remainder of the fifty-two (52) weeks shall
be divided by the number of weeks and parts of weeks remaining
after the time lost has been deducted. If employment before the date
of disability extended over a period of less than fifty-two (52) weeks,
the method of dividing the earnings during that period by the number
of weeks and parts of weeks during which the employee earned
wages shall be followed if results just and fair to both parties will be
obtained. If by reason of the shortness of the time during which the
employee has been in the employment of the employer or of the
casual nature or terms of the employment it is impracticable to
compute the average weekly wages for the employee, the employee's
average weekly wages shall be considered to be the average weekly
amount that, during the fifty-two (52) weeks before the date of
disability, was being earned by a person in the same grade employed
at the same work by the same employer or, if there is no person so
employed, by a person in the same grade employed in that same class
of employment in the same district. Whenever allowances of any
character are made to an employee instead of wages or a specified
part of the wage contract, they shall be considered a part of the
employee's earnings.
(v) The provisions of this article may not be construed to result in
an award of benefits in which the number of weeks paid or to be paid
for temporary total disability, temporary partial disability, or
permanent total disability benefits combined exceeds five hundred
(500) weeks. This section shall not be construed to prevent a person
from applying for an award under IC 22-3-3-13. However, in case of
permanent total disability resulting from a disablement occurring on
or after January 1, 1998, the minimum total benefit shall not be less
than seventy-five thousand dollars ($75,000).
(Formerly: Acts 1937, c.69, s.11; Acts 1943, c.115, s.2; Acts 1945,
c.290, s.2; Acts 1949, c.242, s.2; Acts 1951, c.250, s.2; Acts 1953,
c.174, s.1; Acts 1955, c.276, s.1; Acts 1957, c.353, s.2; Acts 1959,
c.266, s.1; Acts 1963, c.388, s.19; Acts 1965, c.206, s.1; Acts 1967,
c.313, s.3; Acts 1969, c.101, s.3; Acts 1971, P.L.354, SEC.3; Acts
1974, P.L.109, SEC.6.) As amended by Acts 1976, P.L.112, SEC.6;
Acts 1977, P.L.261, SEC.6; Acts 1979, P.L.227, SEC.6;
P.L.225-1983, SEC.4; P.L.223-1985, SEC.3; P.L.224-1985, SEC.2;
P.L.95-1988, SEC.16; P.L.170-1991, SEC.21; P.L.258-1997(ss),
SEC.16; P.L.31-2000, SEC.10; P.L.134-2006, SEC.10;
P.L.275-2013, SEC.17.
IC 22-3-7-20
Physical examinations; board and lodging; traveling expenses;
reports; autopsy
Sec. 20. (a) After disablement and during the period of claimed
resulting disability or impairment, the employee, if so requested by
the employee's employer or ordered by the worker's compensation
board, shall submit to an examination at reasonable times and places
by a duly qualified physician or surgeon designated and paid by the
employer or by order of the board. The employee shall have the right
to have present at any such examination any duly qualified physician
or surgeon provided and paid for by the employee. No fact
communicated to or otherwise learned by any physician or surgeon
who may have attended or examined the employee, or who may have
been present at any examination, shall be privileged either in the
hearings provided for in this chapter, or in any action at law brought
to recover damages against any employer who is subject to the
compensation provisions of this chapter. If the employee refuses to
submit to, or in any way obstructs the examinations, the employee's
right to compensation and right to take or prosecute any proceedings
under this chapter shall be suspended until the refusal or obstruction
ceases. No compensation shall at any time be payable for the period
of suspension unless in the opinion of the board, the circumstances
justified the refusal or obstruction. The employee must be served
with a notice setting forth the consequences of the refusal under this
subsection. The notice must be in a form prescribed by the worker's
compensation board.
(b) Any employer requesting an examination of any employee
residing within Indiana shall pay, in advance of the time fixed for the
examination, sufficient money to defray the necessary expenses of
travel by the most convenient means to and from the place of
examination, and the cost of meals and lodging necessary during the
travel. If the method of travel is by automobile, the mileage rate to be
paid by the employer shall be the rate as is then currently being paid
by the state to its employees under the state travel policies and
procedures established by the department of administration and
approved by the state budget agency. If the examination or travel to
or from the place of examination causes any loss of working time on
the part of the employee, the employer shall reimburse the employee
for the loss of wages upon the basis of such employee's average daily
wage.
(c) When any employee injured in Indiana moves outside Indiana,
the travel expense and the cost of meals and lodging necessary
during the travel, payable under this section, shall be paid from the
point in Indiana nearest to the employee's then residence to the place
of examination. No travel and other expense shall be paid for any
travel and other expense required outside Indiana.
(d) A duly qualified physician or surgeon provided and paid for
by the employee may be present at an examination, if the employee
so desires. In all cases, where the examination is made by a physician
or surgeon engaged by the employer and the employee who has a
disability or is injured has no physician or surgeon present at the
examination, it shall be the duty of the physician or surgeon making
the examination to deliver to the injured employee, or the employee's
representative, a statement in writing of the conditions evidenced by
such examination. The statement shall disclose all facts that are
reported by the physician or surgeon to the employer. This statement
shall be furnished to the employee or the employee's representative
as soon as practicable, but not later than thirty (30) days before the
time the case is set for hearing. The statement may be submitted by
either party as evidence by that physician or surgeon at a hearing
before the worker's compensation board if the statement meets the
requirements of subsection (f). If the physician or surgeon fails or
refuses to furnish the employee or the employee's representative with
such statement thirty (30) days before the hearing, then the statement
may not be submitted as evidence, and the physician shall not be
permitted to testify before the worker's compensation board as to any
facts learned in the examination. All of the requirements of this
subsection apply to all subsequent examinations requested by the
employer.
(e) In all cases where an examination of an employee is made by
a physician or surgeon engaged by the employee, and the employer
has no physician or surgeon present at such examination, it shall be
the duty of the physician or surgeon making the examination to
deliver to the employer or the employer's representative a statement
in writing of the conditions evidenced by such examination. The
statement shall disclose all the facts that are reported by such
physician or surgeon to the employee. The statement shall be
furnished to the employer or the employer's representative as soon as
practicable, but not later than thirty (30) days before the time the
case is set for hearing. The statement may be submitted by either
party as evidence by that physician or surgeon at a hearing before the
worker's compensation board if the statement meets the requirements
of subsection (f). If the physician or surgeon fails or refuses to
furnish the employer or the employer's representative with such
statement thirty (30) days before the hearing, then the statement may
not be submitted as evidence, and the physician or surgeon shall not
be permitted to testify before the worker's compensation board as to
any facts learned in such examination. All of the requirements of this
subsection apply to all subsequent examinations made by a physician
or surgeon engaged by the employee.
(f) All statements of physicians or surgeons required by this
section, whether those engaged by employee or employer, shall
contain the following information:
(1) The history of the injury, or claimed injury, as given by the
patient.
(2) The diagnosis of the physician or surgeon concerning the
patient's physical or mental condition.
(3) The opinion of the physician or surgeon concerning the
causal relationship, if any, between the injury and the patient's
physical or mental condition, including the physician's or
surgeon's reasons for the opinion.
(4) The opinion of the physician or surgeon concerning whether
the injury or claimed injury resulted in a disability or
impairment and, if so, the opinion of the physician or surgeon
concerning the extent of the disability or impairment and the
reasons for the opinion.
(5) The original signature of the physician or surgeon.
Notwithstanding any hearsay objection, the worker's compensation
board shall admit into evidence a statement that meets the
requirements of this subsection unless the statement is ruled
inadmissible on other grounds.
(g) Delivery of any statement required by this section may be
made to the attorney or agent of the employer or employee and such
an action shall be construed as delivery to the employer or employee.
(h) Any party may object to a statement on the basis that the
statement does not meet the requirements of subsection (e). The
objecting party must give written notice to the party providing the
statement and specify the basis for the objection. Notice of the
objection must be given no later than twenty (20) days before the
hearing. Failure to object as provided in this subsection precludes
any further objection as to the adequacy of the statement under
subsection (f).
(i) The employer upon proper application, or the worker's
compensation board, shall have the right in any case of death to
require an autopsy at the expense of the party requesting the same.
If, after a hearing, the board orders an autopsy and the autopsy is
refused by the surviving spouse or next of kin, in this event any claim
for compensation on account of the death shall be suspended and
abated during the refusal. The surviving spouse or dependent must
be served with a notice setting forth the consequences of the refusal
under this subsection. The notice must be in a form prescribed by the
worker's compensation board. No autopsy, except one performed by
or on the authority or order of the coroner in discharge of the
coroner's duties, shall be held in any case by any person without
notice first being given to the surviving spouse or next of kin, if they
reside in Indiana or their whereabouts can reasonably be ascertained,
of the time and place thereof, and reasonable time and opportunity
shall be given such surviving spouse or next of kin to have a
representative or representatives present to witness same. However,
if such notice is not given, all evidence obtained by the autopsy shall
be suspended on motion duly made to the board.
(Formerly: Acts 1937, c.69, s.12a; Acts 1963, c.388, s.14; Acts 1975,
P.L.235, SEC.5.) As amended by P.L.28-1988, SEC.54; P.L.95-1988,
SEC.17; P.L.109-1992, SEC.2; P.L.99-2007, SEC.183.
IC 22-3-7-21
Awards; disqualification
Sec. 21. (a) No compensation is allowed for any condition of
physical or mental ill-being, disability, disablement, or death for
which compensation is recoverable on account of accidental injury
under chapters 2 through 6 of this article.
(b) No compensation is allowed for any disease or death
knowingly self-inflicted by the employee, or due to his intoxication,
his commission of an offense, his knowing failure to use a safety
appliance, his knowing failure to obey a reasonable written or printed
rule of the employer which has been posted in a conspicuous position
in the place of work, or his knowing failure to perform any statutory
duty. The burden of proof is on the defendant.
(Formerly: Acts 1937, c.69, s.14.) As amended by Acts 1978, P.L.2,
SEC.2212.
IC 22-3-7-22
Industrial board; expenses; office space; meetings
Sec. 22. (a) The members of the board and its assistants shall be
entitled to receive from the state their actual and necessary expenses
while traveling on the business of the board, but such expenses shall
be sworn to by the person who incurred the same, and shall be
approved by the chairman of the board before payment is made. All
expenses of the board in connection with this chapter shall be audited
and paid out of the state treasury in the manner prescribed for similar
expenses in other departments or branches of the state service.
(b) The board shall be provided with adequate offices in the
capitol or some other suitable building in the city of Indianapolis in
which the records shall be kept and its official business be transacted
during regular business hours. It shall also be provided with
necessary office furniture, stationery, and other supplies. The board
or any member thereof may hold sessions at any place within the
state as may be deemed necessary.
(Formerly: Acts 1937, c.69, s.15.) As amended by P.L.144-1986,
SEC.64.
IC 22-3-7-23
Jurisdiction; administration
Sec. 23. The worker's compensation board shall have jurisdiction
over the operation and administration of the compensation provisions
of this chapter, the board shall perform all of the duties imposed
upon it by the provisions of this chapter, and such further duties as
may be imposed by law and the rules of the board not inconsistent
with this chapter.
(Formerly: Acts 1937, c.69, s.16.) As amended by P.L.144-1986,
SEC.65; P.L.28-1988, SEC.55.
IC 22-3-7-24
Rules; hearings; subpoenas; production of books and papers;
attorney's fees
Sec. 24. (a) The worker's compensation board may make rules not
inconsistent with this chapter for carrying out the provisions of this
chapter. Processes and procedures under this chapter shall be as
summary and simple as reasonably may be. The board, or any
member thereof, shall have the power, for the purpose of this
chapter, to subpoena witnesses, administer or cause to have
administered oaths, and to examine or cause to have examined such
parts of the books and records of the parties to a proceeding as relate
to questions in dispute. The county sheriff shall serve all subpoenas
of the board and shall receive the same fees as provided by law for
like service in civil actions. Each witness who appears in obedience
to such subpoena of the board shall receive for attendance the fees
and mileage for witnesses in civil cases in the courts. The circuit or
superior court shall, on application of the board or any member
thereof, enforce by proper proceedings the attendance and testimony
of witnesses and the production and examination of books, papers,
and records.
(b) The fees of attorneys and physicians and charges of nurses and
hospitals for services under this chapter shall be subject to the
approval of the worker's compensation board. When any claimant for
compensation is represented by an attorney in the prosecution of his
claim, the board shall fix and state in the award, if compensation be
awarded, the amount of the claimant's attorney's fees. The fee so
fixed shall be binding upon both the claimant and his attorney, and
the employer shall pay to the attorney, out of the award, the fee so
fixed, and the receipt of the attorney therefor shall fully acquit the
employer for an equal portion of the award.
(c) Whenever the worker's compensation board shall determine
upon hearing of a claim that the employer has acted in bad faith in
adjusting and settling said award, or whenever the board shall
determine upon hearing of a claim that the employer has not pursued
the settlement of said claim with diligence, then the board shall, if
compensation be awarded, fix the amount of the claimant's attorney's
fees and such attorney's fees shall be paid to the attorney and shall
not be charged against the award to the claimant. Such fees as are
fixed and awarded on account of a lack of diligence or because of
bad faith on the part of the employer shall not be less than one
hundred fifty dollars ($150).
(d) The worker's compensation board may withhold the approval
of the fees of the attending physician in any case until he shall file a
report with the board on the form prescribed by such board.
(Formerly: Acts 1937, c.69, s.17; Acts 1965, c.206, s.2.) As amended
by P.L.144-1986, SEC.66; P.L.28-1988, SEC.56.
IC 22-3-7-25
Forms and literature; reports; confidential information
Sec. 25. The board shall prepare and cause to be printed, and upon
request furnish free of charge to any employer or employee, such
blank forms and literature as it shall deem requisite to facilitate or
promote the efficient administration of this chapter. The reports of
occupational diseases and reports of attending physicians shall be the
private records of the board, which shall be open to the inspection of
the employer, the employee, and their legal representatives, but not
to the public unless, in the opinion of the board, the public interest
shall so require.
(Formerly: Acts 1937, c.69, s.18.) As amended by P.L.144-1986,
SEC.67.
IC 22-3-7-26
Disputes; settlement
Sec. 26. All disputes arising under this chapter, except section 3
of this chapter, if not settled by the agreement of the parties
interested therein, with the approval of the board, shall be determined
by the board.
(Formerly: Acts 1937, c.69, s.19.) As amended by P.L.144-1986,
SEC.68.
IC 22-3-7-27
Awards; modification; hearings; appeals; investigations
Sec. 27. (a) If the employer and the employee or the employee's
dependents disagree in regard to the compensation payable under this
chapter, or, if they have reached such an agreement, which has been
signed by them, filed with and approved by the worker's
compensation board, and afterward disagree as to the continuance of
payments under such agreement, or as to the period for which
payments shall be made, or as to the amount to be paid, because of
a change in conditions since the making of such agreement, either
party may then make an application to the board for the
determination of the matters in dispute. When compensation which
is payable in accordance with an award or by agreement approved by
the board is ordered paid in a lump sum by the board, no review shall
be had as in this subsection mentioned.
(b) The application making claim for compensation filed with the
worker's compensation board shall state the following:
(1) The approximate date of the last day of the last exposure
and the approximate date of the disablement.
(2) The general nature and character of the illness or disease
claimed.
(3) The name and address of the employer by whom employed
on the last day of the last exposure, and if employed by any
other employer after such last exposure and before disablement,
the name and address of such other employer or employers.
(4) In case of death, the date and place of death.
(5) Amendments to applications making claim for compensation
which relate to the same disablement or disablement resulting
in death originally claimed upon may be allowed by the board
in its discretion, and, in the exercise of such discretion, it may,
in proper cases, order a trial de novo. Such amendment shall
relate back to the date of the filing of the original application so
amended.
(c) Upon the filing of such application, the board shall set the date
of hearing, which shall be as early as practicable, and shall notify the
parties, in the manner prescribed by the board, of the time and place
of hearing. The hearing of all claims for compensation on account of
occupational disease shall be held in the county in which the last
exposure occurred or in any adjoining county, except when the
parties consent to a hearing elsewhere. Claims assigned to an
individual board member that are considered to be of an emergency
nature by that board member, may be heard in any county within the
board member's jurisdiction.
(d) The board by any or all of its members shall hear the parties
at issue, their representatives, and witnesses, and shall determine the
dispute in a summary manner. The award shall be filed with the
record of proceedings, and a copy thereof shall immediately be sent
by registered mail to each of the parties in dispute.
(e) If an application for review is made to the board within thirty
(30) days from the date of the award made by less than all the
members, the full board, if the first hearing was not held before the
full board, shall review the evidence, or, if deemed advisable, hear
the parties at issue, their representatives, and witnesses as soon as
practicable, and shall make an award and file the same with the
finding of the facts on which it is based and send a copy thereof to
each of the parties in dispute, in like manner as specified in
subsection (d).
(f) An award of the board by less than all of the members as
provided in this section, if not reviewed as provided in this section,
shall be final and conclusive. An award by the full board shall be
conclusive and binding unless either party to the dispute, within
thirty (30) days after receiving a copy of such award, appeals to the
court of appeals under the same terms and conditions as govern
appeals in ordinary civil actions. The court of appeals shall have
jurisdiction to review all questions of law and of fact. The board, of
its own motion, may certify questions of law to the court of appeals
for its decision and determination. An assignment of errors that the
award of the full board is contrary to law shall be sufficient to
present both the sufficiency of the facts found to sustain the award
and the sufficiency of the evidence to sustain the finding of facts. All
such appeals and certified questions of law shall be submitted upon
the date filed in the court of appeals, shall be advanced upon the
docket of the court, and shall be determined at the earliest practicable
date, without any extensions of time for filing briefs. An award of the
full board affirmed on appeal, by the employer, shall be increased
thereby five percent (5%), and by order of the court may be increased
ten percent (10%).
(g) Upon order of the worker's compensation board made after
five (5) days notice is given to the opposite party, any party in
interest may file in the circuit or superior court of the county in
which the disablement occurred a certified copy of the memorandum
of agreement, approved by the board, or of an order or decision of
the board, or of an award of the full board unappealed from, or of an
award of the full board affirmed upon an appeal, whereupon the
court shall render judgment in accordance therewith and notify the
parties. Such judgment shall have the same effect and all proceedings
in relation thereto shall thereafter be the same as though such
judgment has been rendered in a suit duly heard and determined by
the court. Any such judgment of such circuit or superior court,
unappealed from or affirmed on appeal or modified in obedience to
the mandate of the court of appeals, shall be modified to conform to
any decision of the worker's compensation board ending,
diminishing, or increasing any weekly payment under the provisions
of subsection (i) upon the presentation to it of a certified copy of
such decision.
(h) In all proceedings before the worker's compensation board or
in a court under the compensation provisions of this chapter, the
costs shall be awarded and taxed as provided by law in ordinary civil
actions in the circuit court.
(i) The power and jurisdiction of the worker's compensation board
over each case shall be continuing, and, from time to time, it may,
upon its own motion or upon the application of either party on
account of a change in conditions, make such modification or change
in the award ending, lessening, continuing, or extending the
payments previously awarded, either by agreement or upon hearing,
as it may deem just, subject to the maximum and minimum provided
for in this chapter. When compensation which is payable in
accordance with an award or settlement contract approved by the
board is ordered paid in a lump sum by the board, no review shall be
had as in this subsection mentioned. Upon making any such change,
the board shall immediately send to each of the parties a copy of the
modified award. No such modification shall affect the previous
award as to any money paid thereunder. The board shall not make
any such modification upon its own motion, nor shall any application
therefor be filed by either party after the expiration of two (2) years
from the last day for which compensation was paid. The board may
at any time correct any clerical error in any finding or award.
(j) The board or any member thereof may, upon the application of
either party or upon its own motion, appoint a disinterested and duly
qualified physician or surgeon to make any necessary medical
examination of the employee and to testify in respect thereto. Such
physician or surgeon shall be allowed traveling expenses and a
reasonable fee, to be fixed by the board. The fees and expenses of
such physician or surgeon shall be paid by the state only on special
order of the board or a member thereof.
(k) The board or any member thereof may, upon the application
of either party or upon its own motion, appoint a disinterested and
duly qualified industrial hygienist, industrial engineer, industrial
physician, or chemist to make any necessary investigation of the
occupation in which the employee alleges that the employee was last
exposed to the hazards of the occupational disease claimed upon, and
testify with respect to the occupational disease health hazards found
by such person or persons to exist in such occupation. Such person
or persons shall be allowed traveling expenses and a reasonable fee,
to be fixed by the board. The fees and expenses of such persons shall
be paid by the state, only on special order of the board or a member
thereof.
(l) Whenever any claimant misconceives the claimant's remedy
and files an application for adjustment of a claim under IC 22-3-2
through IC 22-3-6 and it is subsequently discovered, at any time
before the final disposition of such cause, that the claim for injury or
death which was the basis for such application should properly have
been made under the provisions of this chapter, then the application
so filed under IC 22-3-2 through IC 22-3-6 may be amended in form
or substance or both to assert a claim for such disability or death
under the provisions of this chapter, and it shall be deemed to have
been so filed as amended on the date of the original filing thereof,
and such compensation may be awarded as is warranted by the whole
evidence pursuant to the provisions of this chapter. When such
amendment is submitted, further or additional evidence may be heard
by the worker's compensation board when deemed necessary.
Nothing in this section contained shall be construed to be or permit
a waiver of any of the provisions of this chapter with reference to
notice or time for filing a claim, but notice of filing of a claim, if
given or done, shall be deemed to be a notice or filing of a claim
under the provisions of this chapter if given or done within the time
required in this chapter.
(Formerly: Acts 1937, c.69, s.20; Acts 1947, c.164, s.8; Acts 1963,
c.388, s.15; Acts 1969, c.101, s.4.) As amended by P.L.144-1986,
SEC.69; P.L.28-1988, SEC.57; P.L.170-1991, SEC.22;
P.L.235-1999, SEC.8; P.L.1-2006, SEC.342; P.L.134-2006, SEC.11.
IC 22-3-7-28
Destruction of records
Sec. 28. In order to prevent the accumulation of unnecessary and
useless files of papers, the board, in its discretion, may destroy all
papers which have been on file for more than two (2) years when
there is no claim for compensation pending, or, when compensation
has been awarded either by agreement or upon hearing, and more
than one (1) year has elapsed since the termination of the
compensation period as fixed by the board, but notices of election or
rejection shall not be destroyed. However, all records of insurance
coverage shall be maintained for forty-five (45) years.
(Formerly: Acts 1937, c.69, s.21.) As amended by Acts 1979, P.L.17,
SEC.34; P.L.224-1985, SEC.3; P.L.95-1988, SEC.18.
IC 22-3-7-29
Priorities and preferences; assignment; claims of creditors; child
support income withholding
Sec. 29. (a) All rights of compensation granted by this chapter
shall have the same preference or priority for the whole thereof
against the assets of the employer as is allowed by law for any
unpaid wages for labor.
(b) Except as provided in subsection (c), no claims for
compensation under this chapter shall be assignable, and all
compensation and claims therefor shall be exempt from all claims of
creditors.
(c) Compensation awards under section 16 of this chapter are
subject to child support income withholding under IC 31-16-15 and
other remedies available for the enforcement of a child support order.
The maximum amount that may be withheld under this subsection is
one-half (1/2) of the compensation award.
(Formerly: Acts 1937, c.69, s.22.) As amended by P.L.144-1986,
SEC.70; P.L.95-1988, SEC.19; P.L.1-1997, SEC.107.
IC 22-3-7-30
Awards; private agreements; filing
Sec. 30. (a) If, after seven (7) days from the date of disablement
or any time, in case of death, the employer and the employee or his
dependents reach an agreement in regard to compensation under this
chapter, a memorandum of the agreement in the form prescribed by
the worker's compensation board shall be filed with the board;
otherwise such agreement shall be voidable by the employee or his
dependent.
(b) If approved by the board, the memorandum shall for all
purposes be enforceable by the court decree as specified in this
chapter.
(c) An agreement under this section shall be approved by the
board only when the terms conform to this chapter.
(Formerly: Acts 1937, c.69, s.23.) As amended by P.L.144-1986,
SEC.71; P.L.28-1988, SEC.58.
IC 22-3-7-31
Waiver of compensation; approval; silicosis or asbestosis
Sec. 31. (a) No employee, personal representative, or beneficiary
shall have power to waive any of the provisions of this chapter in
regard to the amount of compensation which may be payable to such
employee, personal representative, or beneficiary except after
approval by the worker's compensation board.
(b) Any employee who, prior to June 7, 1937, has contracted
silicosis or asbestosis but is not disabled therefrom may, by August
6, 1937, file with the industrial board a request for permission to
waive full compensation on account of disability or death resulting
from silicosis or asbestosis, or any direct result thereof, supported by
medical evidence satisfactory to the industrial board that he has
actually contracted silicosis or asbestosis but is not disabled
therefrom.
(c) If the industrial board shall approve a waiver filed under
subsection (b), the compensation payable for such resulting disability
or death of such employee, after further exposure in the employment
of any employer shall be fifty percent (50%) of the compensation
which but for such waiver would have been payable by any such
employer.
(Formerly: Acts 1937, c.69, s.24.) As amended by P.L.144-1986,
SEC.72; P.L.28-1988, SEC.59.
IC 22-3-7-32
Actions and proceedings; notice; limitation of actions
Sec. 32. (a) No proceedings for compensation under this chapter
shall be maintained unless notice has been given to the employer of
disablement arising from an occupational disease as soon as
practicable after the date of disablement. No defect or inaccuracy of
such notices shall be a bar to compensation unless the employer
proves that he is unduly prejudiced in such proceedings by such
defect or inaccuracy.
(b) The notice provided for in subsection (a) shall state the name
and address of the employee and the nature and cause of the
occupational disease and disablement or death therefrom, and shall
be signed by the employee with a disability or by someone in the
employee's behalf, or by one (1) or more of the dependents, in case
of death, or by some person in their behalf. Such notice may be
served personally upon the employer or upon any foreman,
superintendent, or manager of the employer to whose orders the
employee with a disability or deceased employee was required to
conform or upon any agent of the employer upon whom a summons
in a civil action may be served under the laws of the state or may be
sent to the employer by registered letter, addressed to the employer's
last known residence or place of business.
(c) No proceedings by an employee for compensation under this
chapter shall be maintained unless claim for compensation shall be
filed by the employee with the worker's compensation board within
two (2) years after the date of the disablement.
(d) No proceedings by dependents of a deceased employee for
compensation for death under this chapter shall be maintained unless
claim for compensation shall be filed by the dependents with the
worker's compensation board within two (2) years after the date of
death.
(e) No limitation of time provided in this chapter shall run against
any person who is mentally incompetent or a minor dependent, so
long as the person has no guardian or trustee.
(Formerly: Acts 1937, c.69, s.25; Acts 1955, c.195, s.2.) As amended
by P.L.144-1986, SEC.73; P.L.28-1988, SEC.60; P.L.99-2007,
SEC.184.
IC 22-3-7-33
Exposure; presumptions; joint employers
Sec. 33. (a) An employee shall be conclusively deemed to have
been exposed to the hazards of an occupational disease when for any
length of time, however short, he is employed in an occupation or
process in which the hazard of the disease exists. The employer
liable for the compensation provided for in this chapter shall be the
employer in whose employment the employee was last exposed to the
hazards of the occupational disease claimed upon regardless of the
length of time of the last exposure. In cases involving silicosis or
asbestos, the only employer liable shall be the last employer in
whose employment the employee was last exposed during the period
of sixty (60) days or more to the hazard of the occupational disease.
In cases involving silicosis or asbestos, an exposure during a period
of less than sixty (60) days shall not be considered a last exposure.
The insurance carrier liable shall be the carrier whose policy was in
effect covering the employer liable on the last day of the exposure
rendering the employer liable, in accordance with the provisions of
this chapter.
(b) Whenever any employee for whose disability or death
compensation is payable under this chapter shall, at the time of the
last exposure, be exposed in the joint service of two (2) or more
employers subject to the compensation provisions of this chapter, the
employers shall contribute to the payment of the compensation in
proportion to their wage liability to the employees. Nothing in this
section shall prevent any reasonable arrangements between
employers for a different distribution between themselves of the
ultimate burden of compensation.
(Formerly: Acts 1937, c.69, s.26; Acts 1957, c.353, s.3.) As amended
by P.L.224-1985, SEC.4.
IC 22-3-7-34
Insurance; self-insurance; exemptions
Sec. 34. (a) As used in this section, "person" does not include:
(1) an owner who contracts for performance of work on the
owner's owner occupied residential property; or
(2) a nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as
defined in IC 6-3-1-11(a)) to the extent the corporation enters
into an independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(b) Every employer bound by the compensation provisions of this
chapter, except the state, counties, townships, cities, towns, school
cities, school towns, school townships, other municipal corporations,
state institutions, state boards, and state commissions, shall insure
the payment of compensation to the employer's employees and their
dependents in the manner provided in this chapter, or procure from
the worker's compensation board a certificate authorizing the
employer to carry such risk without insurance. While that insurance
or certificate remains in force, the employer, or those conducting the
employer's business, and the employer's occupational disease
insurance carrier shall be liable to any employee and the employee's
dependents for disablement or death from occupational disease
arising out of and in the course of employment only to the extent and
in the manner specified in this chapter.
(c) Every employer who, by election, is bound by the
compensation provisions of this chapter, except those exempted from
the provisions by subsection (b), shall:
(1) insure and keep insured the employer's liability under this
chapter in some corporation, association, or organization
authorized to transact the business of worker's compensation
insurance in this state; or
(2) furnish to the worker's compensation board satisfactory
proof of the employer's financial ability to pay the
compensation in the amount and manner and when due as
provided for in this chapter.
In the latter case the board may require the deposit of an acceptable
security, indemnity, or bond to secure the payment of compensation
liabilities as they are incurred.
(d) Every employer required to carry insurance under this section
shall file with the worker's compensation board in the form
prescribed by it, within ten (10) days after the termination of the
employer's insurance by expiration or cancellation, evidence of the
employer's compliance with subsection (c) and other provisions
relating to the insurance under this chapter. The venue of all criminal
actions under this section lies in the county in which the employee
was last exposed to the occupational disease causing disablement.
The prosecuting attorney of the county shall prosecute all violations
upon written request of the board. The violations shall be prosecuted
in the name of the state.
(e) Whenever an employer has complied with subsection (c)
relating to self-insurance, the worker's compensation board shall
issue to the employer a certificate which shall remain in force for a
period fixed by the board, but the board may, upon at least thirty (30)
days notice, and a hearing to the employer, revoke the certificate,
upon presentation of satisfactory evidence for the revocation. After
the revocation, the board may grant a new certificate to the employer
upon the employer's petition, and satisfactory proof of the employer's
financial ability.
(f)(1) Subject to the approval of the worker's compensation board,
any employer may enter into or continue any agreement with the
employer's employees to provide a system of compensation, benefit,
or insurance in lieu of the compensation and insurance provided by
this chapter. A substitute system may not be approved unless it
confers benefits upon employees and their dependents at least
equivalent to the benefits provided by this chapter. It may not be
approved if it requires contributions from the employees unless it
confers benefits in addition to those provided under this chapter,
which are at least commensurate with such contributions.
(f)(2) The substitute system may be terminated by the worker's
compensation board on reasonable notice and hearing to the
interested parties, if it appears that the same is not fairly
administered or if its operation shall disclose latent defects
threatening its solvency, or if for any substantial reason it fails to
accomplish the purpose of this chapter. On termination, the board
shall determine the proper distribution of all remaining assets, if any,
subject to the right of any party in interest to take an appeal to the
court of appeals.
(g)(1) No insurer shall enter into or issue any policy of insurance
under this chapter until its policy form has been submitted to and
approved by the worker's compensation board. The board shall not
approve the policy form of any insurance company until the company
shall file with it the certificate of the insurance commissioner
showing that the company is authorized to transact the business of
worker's compensation insurance in Indiana. The filing of a policy
form by any insurance company or reciprocal insurance association
with the board for approval constitutes on the part of the company or
association a conclusive and unqualified acceptance of each of the
compensation provisions of this chapter, and an agreement by it to be
bound by the compensation provisions of this chapter.
(g)(2) All policies of insurance companies and of reciprocal
insurance associations, insuring the payment of compensation under
this chapter, shall be conclusively presumed to cover all the
employees and the entire compensation liability of the insured under
this chapter in all cases in which the last day of the exposure
rendering the employer liable is within the effective period of such
policy.
(g)(3) Any provision in any such policy attempting to limit or
modify the liability of the company or association insuring the same
shall be wholly void.
(g)(4) Every policy of any company or association shall be
deemed to include the following provisions:
"(A) The insurer assumes in full all the obligations to pay
physician's fees, nurse's charges, hospital supplies, burial
expenses, compensation or death benefits imposed upon or
accepted by the insured under this chapter.
(B) This policy is subject to the provisions of this chapter
relative to the liability of the insured to pay physician's fees,
nurse's charges, hospital services, hospital supplies, burial
expenses, compensation or death benefits to and for such
employees, the acceptance of such liability by the insured, the
adjustment, trial and adjudication of claims for such physician's
fees, nurse's charges, hospital services, hospital supplies, burial
expenses, compensation, or death benefits.
(C) Between this insurer and the employee, notice to or
knowledge of the occurrence of the disablement on the part of
the insured (the employer) shall be notice or knowledge thereof,
on the part of the insurer. The jurisdiction of the insured (the
employer) for the purpose of this chapter is the jurisdiction of
this insurer, and this insurer shall in all things be bound by and
shall be subject to the awards, judgments and decrees rendered
against the insured (the employer) under this chapter.
(D) This insurer will promptly pay to the person entitled to the
same all benefits conferred by this chapter, including all
physician's fees, nurse's charges, hospital services, hospital
supplies, burial expenses, and all installments of compensation
or death benefits that may be awarded or agreed upon under this
chapter. The obligation of this insurer shall not be affected by
any default of the insured (the employer) after disablement or
by any default in giving of any notice required by this policy, or
otherwise. This policy is a direct promise by this insurer to the
person entitled to physician's fees, nurse's charges, fees for
hospital services, charges for hospital services, charges for
hospital supplies, charges for burial, compensation, or death
benefits, and shall be enforceable in the name of the person.
(E) Any termination of this policy by cancellation shall not be
effective as to employees of the insured covered hereby unless
at least thirty (30) days prior to the taking effect of such
cancellation, a written notice giving the date upon which such
termination is to become effective has been received by the
worker's compensation board of Indiana at its office in
Indianapolis, Indiana.
(F) This policy shall automatically expire one (1) year from the
effective date of the policy, unless the policy covers a period of
three (3) years, in which event, it shall automatically expire
three (3) years from the effective date of the policy. The
termination either of a one (1) year or a three (3) year policy, is
effective as to the employees of the insured covered by the
policy.".
(g)(5) All claims for compensation, nurse's charges, hospital
services, hospital supplies, physician's fees, or burial expenses may
be made directly against either the employer or the insurer or both,
and the award of the worker's compensation board may be made
against either the employer or the insurer or both.
(g)(6) If any insurer shall fail to pay any final award or judgment
(except during the pendency of an appeal) rendered against it, or its
insured, or, if it shall fail to comply with this chapter, the worker's
compensation board shall revoke the approval of its policy forms,
and shall not accept any further proofs of insurance from it until it
shall have paid the award or judgment or complied with this chapter,
and shall have resubmitted its policy form and received the approval
of the policy by the worker's compensation board.
(h) No policy of insurance covering the liability of an employer
for worker's compensation shall be construed to cover the liability of
the employer under this chapter for any occupational disease unless
the liability is expressly accepted by the insurance carrier issuing the
policy and is endorsed in that policy. The insurance or security in
force to cover compensation liability under this chapter shall be
separate from the insurance or security under IC 22-3-2 through
IC 22-3-6. Any insurance contract covering liability under either part
of this article need not cover any liability under the other.
(i) For the purpose of complying with subsection (c), groups of
employers are authorized to form mutual insurance associations or
reciprocal or interinsurance exchanges subject to any reasonable
conditions and restrictions fixed by the department of insurance. This
subsection does not apply to mutual insurance associations and
reciprocal or interinsurance exchanges formed and operating on or
before January 1, 1991, which shall continue to operate subject to the
provisions of this chapter and to such reasonable conditions and
restrictions as may be fixed by the worker's compensation board.
(j) Membership in a mutual insurance association or a reciprocal
or interinsurance exchange so proved, together with evidence of the
payment of premiums due, is evidence of compliance with subsection
(c).
(k) Any person bound under the compensation provisions of this
chapter, contracting for the performance of any work exceeding one
thousand dollars ($1,000) in value, in which the hazard of an
occupational disease exists, by a contractor subject to the
compensation provisions of this chapter without exacting from the
contractor a certificate from the worker's compensation board
showing that the contractor has complied with subsections (b), (c),
and (d), shall be liable to the same extent as the contractor for
compensation, physician's fees, hospital fees, nurse's charges, and
burial expenses on account of the injury or death of any employee of
such contractor, due to occupational disease arising out of and in the
course of the performance of the work covered by such contract.
(l) Any contractor who sublets any contract for the performance
of any work to a subcontractor subject to the compensation
provisions of this chapter, without obtaining a certificate from the
worker's compensation board showing that the subcontractor has
complied with subsections (b), (c), and (d), is liable to the same
extent as the subcontractor for the payment of compensation,
physician's fees, hospital fees, nurse's charges, and burial expense on
account of the injury or death of any employee of the subcontractor
due to occupational disease arising out of and in the course of the
performance of the work covered by the subcontract.
(m) A person paying compensation, physician's fees, hospital fees,
nurse's charges, or burial expenses, under subsection (k) or (l), may
recover the amount paid or to be paid from any person who would
otherwise have been liable for the payment thereof and may, in
addition, recover the litigation expenses and attorney's fees incurred
in the action before the worker's compensation board as well as the
litigation expenses and attorney's fees incurred in an action to collect
the compensation, medical expenses, and burial expenses.
(n) Every claim filed with the worker's compensation board under
this section shall be instituted against all parties liable for payment.
The worker's compensation board, in an award under subsection (k),
shall fix the order in which such parties shall be exhausted,
beginning with the immediate employer and, in an award under
subsection (l), shall determine whether the subcontractor has the
financial ability to pay the compensation and medical expenses when
due and, if not, shall order the contractor to pay the compensation
and medical expenses.
(Formerly: Acts 1937, c.69, s.27; Acts 1943, c.248, s.1; Acts 1959,
c.359, s.1; Acts 1961, c.312, s.1; Acts 1963, c.388, s.16.) As amended
by Acts 1978, P.L.2, SEC.2213; Acts 1982, P.L.135, SEC.2;
P.L.28-1988, SEC.61; P.L.170-1991, SEC.23; P.L.258-1997(ss),
SEC.17; P.L.202-2001, SEC.10; P.L.201-2005, SEC.9; P.L.1-2006,
SEC.343.
IC 22-3-7-34.3
Proof of compliance; notice; civil penalty; Internet posting
Sec. 34.3. (a) The worker's compensation board is entitled to
request that an employer provide the board with current proof of
compliance with section 34 of this chapter.
(b) If an employer fails or refuses to provide current proof of
compliance by the tenth day after the employer receives the board's
request under subsection (a), the board:
(1) shall send the employer a written notice that the employer
is in violation of section 34 of this chapter; and
(2) may assess a civil penalty against the employer of fifty
dollars ($50) per employee per day.
(c) An employer may challenge the board's assessment of a civil
penalty under subsection (b)(2) by requesting a hearing in
accordance with procedures established by the board.
(d) The board shall waive a civil penalty assessed under
subsection (b)(2) if the employer provides the board current proof of
compliance by the twentieth day after the date the employer receives
the board's notice under subsection (b)(1).
(e) If an employer fails or refuses to:
(1) provide current proof of compliance by the twentieth day
after the date the employer receives the board's notice under
subsection (b)(1); or
(2) pay a civil penalty assessed under subsection (b)(2);
the board may, after notice to the employer and a hearing, order that
the noncompliant employer's name be listed on the board's Internet
web site.
(f) A noncompliant employer's name may be removed from the
board's Internet web site only after the employer does the following:
(1) Provides current proof of compliance with section 34 of this
chapter.
(2) Pays all civil penalties assessed under subsection (b)(2).
(g) The civil penalties provided for in this section are cumulative.
(h) Civil penalties collected under this section shall be deposited
in the worker's compensation supplemental administrative fund
established by IC 22-3-5-6.
As added by P.L.168-2011, SEC.15.
IC 22-3-7-34.5
Independent contractors seeking exemption from chapter; filing
statement; fees; certificate of exemption
Sec. 34.5. (a) As used in this section, "independent contractor"
refers to a person described in section 9(b)(5) of this chapter.
(b) As used in this section, "person" means an individual, a
proprietorship, a partnership, a joint venture, a firm, an association,
a corporation, or other legal entity.
(c) An independent contractor who does not make an election
under section 9(b)(2) of this chapter or section 9(b)(3) of this chapter
is not subject to the compensation provisions of this chapter and
must file a statement with the department of state revenue and obtain
a certificate of exemption.
(d) An independent contractor shall file with the department of
state revenue, in the form prescribed by the department of state
revenue, a statement containing the information required by
IC 6-3-7-5.
(e) Together with the statement required in subsection (d), an
independent contractor shall file annually with the department
documentation in support of independent contractor status before
being granted a certificate of exemption. The independent contractor
must obtain clearance from the department of state revenue before
issuance of the certificate.
(f) An independent contractor shall pay a filing fee in the amount
of fifteen dollars ($15) with the certificate filed under subsection (h).
The fees collected under this subsection shall be deposited in the
worker's compensation supplemental administrative fund and shall
be used for all expenses the board incurs.
(g) The worker's compensation board shall maintain a data base
consisting of certificates received under this section and on request
may verify that a certificate was filed.
(h) A certificate of exemption must be filed with the worker's
compensation board. The board shall indicate that the certificate has
been filed by stamping the certificate with the date of receipt and
returning a stamped copy to the person filing the certificate. A
certificate becomes effective as of midnight seven (7) business days
after the date file stamped by the worker's compensation board. The
board shall maintain a data base containing information required in
subsections (e) and (g).
(i) A person who contracts for services of another person not
covered by this chapter to perform work must secure a copy of a
stamped certificate of exemption filed under this section from the
person hired. A person may not require a person who has provided
a stamped certificate to have worker's compensation coverage. The
worker's compensation insurance carrier of a person who contracts
with an independent contractor shall accept a stamped certificate in
the same manner as a certificate of insurance.
(j) A stamped certificate filed under this section is binding on and
holds harmless for all claims:
(1) a person who contracts with an independent contractor after
receiving a copy of the stamped certificate; and
(2) the worker's compensation insurance carrier of the person
who contracts with the independent contractor.
The independent contractor may not collect compensation under this
chapter for an injury from a person or the person's worker's
compensation carrier to whom the independent contractor has
furnished a stamped certificate.
As added by P.L.75-1993, SEC.6. Amended by P.L.202-2001,
SEC.11.
IC 22-3-7-35
Contract relieving employer of obligations
Sec. 35. No contract or agreement, written or implied, rule,
regulation, or other device shall in any manner operate to relieve any
employer, in whole or in part, of any obligation created by this
chapter, except as provided in this chapter.
(Formerly: Acts 1937, c.69, s.28.) As amended by P.L.144-1986,
SEC.74.
IC 22-3-7-36
Third parties; actions to recover damages; subrogation; limitation
of actions
Sec. 36. (a) Whenever disablement or death from an occupational
disease arising out of and in the course of the employment for which
compensation is payable under this chapter, shall have been
sustained under circumstances creating in some other person than the
employer and not in the same employ a legal liability to pay damages
in respect thereto, the injured employee, or the employee's
dependents, in case of death, may commence legal proceedings
against such other person to recover damages notwithstanding such
employer's or such employer's occupational disease insurance
carrier's payment of, or liability to pay, compensation under this
chapter. In such case, however, if the action against such other
person is brought by the injured employee or the employee's
dependents and judgment is obtained and paid and accepted and
settlement is made with such other person, either with or without
suit, then from the amount received by such employee or dependents
there shall be paid to the employer, or such employer's occupational
disease insurance carrier, the amount of compensation paid to such
employee or dependents, plus the services and products and burial
expense paid by the employer or such employer's occupational
disease insurance carrier, and the liability of the employer or such
employer's occupational disease insurance carrier to pay further
compensation or other expenses shall thereupon terminate, whether
or not one (1) or all of the dependents are entitled to share in the
proceeds of the settlement or recovery and whether or not one (1) or
all of the dependents could have maintained the action or claim for
wrongful death.
(b) In the event such employee or the employee's dependents, not
having received compensation or services and products or death
benefits, or such employer's occupational disease insurance carrier,
shall procure a judgment against such other party for disablement or
death from an occupational disease arising out of and in the course
of the employment, which judgment is paid, or if settlement is made
with such other person, either with or without suit, then the employer
or such employer's occupational disease insurance carrier shall have
no liability for payment of compensation or for payment of medical,
surgical, hospital, or nurse's services and supplies or death benefits
whatsoever, whether or not one (1) or all of the dependents are
entitled to share in the proceeds of settlement or recovery and
whether or not one (1) or all of the dependents could have
maintained the action or claim for wrongful death.
(c) In the event an employee, or in the event of the employee's
death, the employee's dependents, shall procure a final judgment
against such other person other than by agreement, for disablement
or death from an occupational disease arising out of and in the course
of the employment and such judgment is for a lesser sum than the
amount for which the employer or such employer's occupational
disease insurance carrier is liable for compensation and for services
and products, as of the date the judgment becomes final, then the
employee, or in the event of the employee's death, the employee's
dependents, shall have the option of either collecting such judgment
and repaying the employer or such employer's occupational disease
insurance carrier for compensation previously drawn, if any, and
repaying the employer or such employer's occupational disease
insurance carrier for services and products previously paid, if any,
and of repaying the employer or such employer's occupational
disease insurance carrier, the burial benefits paid, if any, or of
assigning all rights under said judgment to the employer or such
employer's occupational disease insurance carrier and thereafter
receiving all compensation and services and products to which the
employee, or in the event of the employee's death, to which the
employee's dependents would be entitled if there had been no action
brought against such other party.
(d) If the employee or the employee's dependents agree to receive
compensation, because of an occupational disease arising out of and
in the course of the employment, from the employer or such
employer's occupational disease insurance carrier, or to accept from
the employer or such employer's occupational disease insurance
carrier by loan or otherwise, any payment on account of such
compensation or institute proceedings to recover the same, the said
employer or such employer's occupational disease insurance carrier
shall have a lien upon any settlement award, judgment, or fund out
of which such employee might be compensated from the third party.
(e) The employee, or in the event of the employee's death, the
employee's dependents, shall institute legal proceedings against such
other person for damages within two (2) years after said cause of
action accrues. If, after said proceeding is commenced, the same is
dismissed, the employer or such employer's occupational disease
insurance carrier, having paid compensation or having become liable
therefor, may collect in their own name or in the name of the
employee with a disability, or in the case of death, in the name of the
employee's dependents, from the other person in whom legal liability
for damages exists, the compensation paid or payable to the
employee with a disability, or the employee's dependents, plus such
services and products and burial expense paid by the employer or
such employer's occupational disease insurance carrier for which
they have become liable. The employer or such employer's
occupational disease insurance carrier may commence such action at
law for such collection against the other person in whom legal
liability for damages exists, not later than one (1) year from the date
said action so commenced, has been dismissed, notwithstanding the
provisions of any statute of limitations to the contrary.
(f) If said employee, or in the event of the employee's death, the
employee's dependents, shall fail to institute legal proceedings,
against such other person for damages within two (2) years after said
cause of action accrues, the employer or such employer's
occupational disease insurance carrier, having paid compensation or
having been liable therefor, may collect in their own name or in the
name of the employee with a disability, or in the case of the
employee's death, in the name of the employee's dependents, from
the other person in whom legal liability for damage exists, the
compensation paid or payable to the employee with a disability or to
the employee's dependents, plus the services and products and burial
expenses, paid by them or for which they have become liable, and the
employer or such employer's occupational disease insurance carrier
may commence such action at law for such collection against such
other person in whom legal liability exists at any time within one (1)
year from the date of the expiration of the two (2) years when the
action accrued to the employee with a disability or, in the event of
the employee's death, to the employee's dependents, notwithstanding
the provisions of any statute of limitations to the contrary.
(g) In such actions brought as provided in this section by the
employee or the employee's dependents, the employee or the
employee's dependents shall, within thirty (30) days after such action
is filed, notify the employer or such employer's occupational disease
insurance carrier, by personal service or registered or certified mail,
of such fact and the name of the court in which suit is brought, filing
proof thereof in such action.
(h) If the employer does not join in the action within ninety (90)
days after receipt of the notice, then out of any actual money
reimbursement received by the employer or such employer's
occupational disease insurance carrier pursuant to this section, they
shall pay their pro rata share of all costs and reasonably necessary
expenses in connection with such third party claim, action, or suit,
and to the attorney at law selected by the employee or the employee's
dependents, a fee of twenty-five percent (25%), if collected without
trial, of the amount of benefits after the expenses and costs in
connection with such third party claim have been deducted
therefrom, and a fee of thirty-three and one-third percent (33 1/3%),
if collected after trial, of the amount of such benefits after deduction
of the costs and reasonably necessary expenses in connection with
such third party claim, action, or suit. The employer may, within
ninety (90) days after receipt of notice of suit from the employee or
the employee's dependents, join in the action upon the employee's
motion so that all orders of court after hearing and judgment shall be
made for the employee's protection.
(i) No release or settlement of claim for damages by reason of
such injury or death, and no satisfaction of judgment in such
proceedings shall be valid without the written consent of both
employer or such employer's occupational disease insurance carrier,
and employee, or the employee's dependents. However, in the case
of the employer or such employer's occupational disease insurance
carrier, such consent shall not be required where the employer or
such employer's occupational disease insurance carrier has been fully
indemnified or protected by court order.
(Formerly: Acts 1937, c.69, s.29; Acts 1963, c.388, s.17; Acts 1969,
c.101, s.5; Acts 1974, P.L.109, SEC.7.) As amended by P.L.28-1988,
SEC.62; P.L.99-2007, SEC.185; P.L.275-2013, SEC.18.
IC 22-3-7-37
Reports of disablements; penalties; venue
Sec. 37. (a) Every employer operating under the compensation
provisions of this chapter shall keep a record of all disablements by
occupational disease, fatal or otherwise, received by the employer's
employees in the course of their employment and shall provide a
copy of the record to the board upon request. Within seven (7) days
after the first day of a disablement by occupational disease and the
employer's knowledge of the disablement, as provided in section 32
of this chapter, that causes the employee's death or absence from
work for more than one (1) day, a report thereof shall be made in
writing and mailed to the employer's insurance carrier or, if the
employer is self insured, to the worker's compensation board on
blanks to be procured from the board for the purpose. The insurance
carrier shall mail the report to the worker's compensation board not
later than seven (7) days after receipt or fourteen (14) days after the
employer's knowledge of the occurrence, whichever is later. An
employer or insurance carrier that fails to comply with this
subsection is subject to a civil penalty under IC 22-3-4-15.
(b) The report shall contain the name, nature and location of the
business of the employer, the name, age, sex, wages, occupation of
the employee, the approximate dates between which exposure
occurred, the nature and cause of the occupational disease, and such
other information as may be required by the board.
(c) A person who violates this section commits a Class C
misdemeanor.
(d) The venue of all criminal actions for the violation of this
section lies in the county in which the employee was last exposed to
the occupational disease causing disablement. The prosecuting
attorney of the county shall prosecute these violations upon written
request of the worker's compensation board. These shall be
prosecuted in the name of the state.
(Formerly: Acts 1937, c.69, s.30; Acts 1963, c.388, s.18.) As
amended by Acts 1978, P.L.2, SEC.2214; P.L.28-1988, SEC.63;
P.L.170-1991, SEC.24; P.L.168-2011, SEC.16.
IC 22-3-7-38
Application of law
Sec. 38. Acts 1937, c.69, s.31 does not extinguish or in any way
affect any right of action existing on June 7, 1937, and no employer
shall be liable for compensation or damages under the provisions of
this chapter in any case in which the disablement on which claim is
predicated shall have occurred prior to June 7, 1937; but nothing
contained in this section shall affect any case in which exposure as
defined in this chapter shall have taken place after June 7, 1937.
(Formerly: Acts 1937, c.69, s.32.) As amended by P.L.144-1986,
SEC.75.
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