Delete pages 1 through 5.
employer's representative. The written waivers shall be executed
on forms prescribed by the board.
(d)".
Page 6, line 39, delete "or other expenses".
Page 7, line 12, strike "(d)" and insert " (e)".
Page 7, line 22, strike "(e)" and insert " (f)".
Page 7, line 34, strike "(f)" and insert " (g)".
Page 7, line 41, strike "(g)" and insert " (h)".
Page 8, between lines 5 and 6, begin a new paragraph and insert the
following:
" (i) After medical treatment has commenced, neither the
employer nor the insurance carrier is entitled to transfer or
otherwise redirect treatment to other treating medical personnel,
except in an emergency situation, unless the employee requests the
transfer or redirected treatment, the treating medical personnel
requests discontinuance of providing treatment, or there is other
good cause. If the employer or insurance carrier wishes to transfer
treatment for good cause, a transfer may not be permitted unless
and until the board issues an order granting the request. The
request shall be made on forms prescribed by the board.".
Page 8, line 21, after "." insert " Upon reasonable notice and upon
the employee's presentation of a written consent for release of the
employee's health records as provided in
IC 16-39-1-4
, the
physician or surgeon shall supply to the employee, the employee's
attorney, or another authorized representative, the health records
(including x-rays) possessed by the physician or surgeon
concerning the employee.".
Page 8, line 25, delete "or other expenses".
Page 8, line 42, reset in roman "reimburse".
Page 8, line 42, delete "compensate".
Page 9 line 1, reset in roman "of wages upon the basis of the
employee's average daily".
Page 9, line 2, reset in roman "wage.".
Page 9, line 2, delete "as if the absence from work was a temporary
partial".
Page 9, line 3, delete "disability pursuant to
IC 22-3-3-9.".
Page 9, line 23, strike "(e)" and insert " (f)".
Page 9, line 31, after "(d)" insert " No representative of the
employer or insurance carrier, including case managers or
rehabilitation nurses, may be present at any examination of an
injured employee without the express written consent of the
employee and the treating medical personnel. At the time of any
medical examination that a representative of the employer wishes
to attend, the representative of the employer shall inform the
injured employee and treating medical personnel that their written
consent is required before the attendance of the employer's
representative. The employee's compensation and benefits may not
be jeopardized in any way due to the employee's failure or refusal
to complete a written waiver allowing the attendance of the
employer's representative. The employer's representative may not
in any way cause the employee to believe that the employee's
compensation and benefits will be terminated if the employee fails
or refuses to complete a written waiver allowing the attendance of
the employer's representative. The written waivers shall be
executed on forms prescribed by the board.
(e)".
Page 10 line 1, strike "(e)" and insert " (f)".
Page 10 line 9, strike "(e)" and insert " (f)".
Page 10 line 30, strike "(f)" and insert " (g)".
Page 10 line 33, strike "(g)" and insert " (h)".
Page 10 line 34, strike "(e)" and insert " (f)".
Page 10 line 40, strike "(e)" and insert " (f)".
Page 10 line 41, strike "(h)" and insert " (i)".
Page 11, line 25, delete "Absent an agreement as to temporary
total".
Page 11, delete lines 26 through 33.
Page 12, line 20, before "An" insert " If a determination of liability
is not made within thirty (30) days and the employer is
subsequently determined to be liable to pay compensation, the first
installment of compensation must include the accrued weekly
compensation and interest at the legal rate of interest specified in
IC 24-4.6-1-101
computed from the date fourteen (14) days after
the disability begins.".
Page 12, line 33, strike "or".
Page 12, line 35, delete "." and insert "; or
(6) the employee returns to work with limitations or
restrictions and the employer converts temporary total
disability benefits into disabled from trade compensation
under section 33 of this chapter.".
Page 21, line 29, after "1999," insert " and before July 1, 2000,".
Page 21, between lines 37 and 38, begin a new line, block indented
and insert:
" (7) With respect to injuries 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 dollars
($1,000) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand
two hundred dollars ($1, 200) 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 dollars ($2,500) per degree.
provisions of
IC 22-3-3-18
, 19 and 20, weekly compensation
amounting to sixty percent (60%) 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, 1971, and prior to July 1, 1974, when death
results from an injury within five hundred (500) weeks, there shall be
paid to the total dependents of said deceased, as determined by the
provisions of
IC 22-3-3-18
, 19, and 20, weekly compensation
amounting to sixty percent (60%) of the deceased's average weekly
wage, not to exceed one hundred dollars ($100) 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, 1974, and before July 1, 1976, when death
results from an injury within five hundred (500) weeks, there shall be
paid the total dependents of the deceased, as determined by the
provisions of sections 18, 19, and 20 of this chapter, weekly
compensation amounting to sixty-six and two-thirds percent (66 2/3%)
of the deceased's average weekly wage, not to exceed a maximum of
one hundred thirty-five dollars ($135) 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 an injury within five hundred (500) weeks,
there shall be paid the total dependents of the deceased as determined
by sections 18, 19, and 20 of this chapter, weekly compensation
amounting to sixty-six and two-thirds percent (66 2/3%) one hundred
percent (100%) of the deceased's average weekly wage, as defined by
IC 22-3-3-22
, until the compensation paid, when added to the
compensation paid to the deceased employee, equals five hundred
(500) weeks, and to partial dependents, as provided in sections 18 and
20 of this chapter.".
employee has been awarded; and
(3) information for the employee regarding the terms of this
section.
(e) Disabled from trade compensation is in addition to any other
compensation awarded to an employee as a result of a temporary
total disability or a permanent partial impairment.
(f) An employer may unilaterally convert an award of benefits
for a temporary total disability or a permanent partial impairment
into disabled from trade compensation by filing a copy of the notice
required under subsection (d) with the board.".
Delete pages 32 through 41.
thousand four hundred thirty-three dollars ($3,433) per
degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), four thousand two hundred
ninety-two dollars ($4,292) per degree; for each degree of
permanent impairment above fifty (50), five thousand three
hundred sixty-five dollars ($5,365) per degree.".
Page 54, line 13, delete "seven" and insert " eight".
Page 54, line 13, delete "ninety-two" and insert " twenty-two".
Page 54, line 14, delete "($792) and insert " ($822)".
Page 54, line 16, delete "twenty-two" and insert " eighty-two".
Page 54, line 17, delete "($822)" and insert " ($882)".
Page 54, line 19, delete "eight" and insert " nine".
Page 54, line 19, delete "fifty-two" and insert " forty-two".
Page 54, line 20, delete "($852)" and insert " ($942)".
Page 54, line 22, delete "eight hundred eighty-two" and insert " one
thousand two".
Page 54, line 22, delete "($882)" and insert " ($1,002)".
Page 56, after line 42, begin a new paragraph and insert:
annually. Every insurance carrier insuring employers who are or
may be liable under this article to pay compensation for
disablement or death from occupational diseases of their employees
under this article and every employer carrying the employer's own
risk shall, not later than thirty (30) days after receiving notice from
the board, pay to the worker's compensation board for the benefit
of a fund to be known as the occupational diseases second injury
fund. The payment shall be in a sum equal to one and one-half
percent (1.5%) of the total amount of all payments under this
chapter for occupational diseases paid to employees with
occupational diseases or their beneficiaries under this chapter for
the calendar year next preceding the due date of such payment. If
the amount to the credit of the occupational diseases second injury
fund as of October 1 of any year exceeds one million dollars
($1,000,000), the payments of one and one-half percent (1.5%) shall
not be assessed or collected during the ensuing year. But when on
October 1 of any year the amount to the credit of the fund is less
than one million dollars ($1,000,000), the payments of one and
one-half percent (1.5%) of the total amount of all payments under
this chapter for occupational diseases paid to employees with
occupational diseases or their beneficiaries under this chapter for
the calendar year next preceding that date shall be resumed and
paid into the fund.
(d) The board shall enter into a contract with an actuary or
another qualified firm that has experience in calculating worker's
compensation liabilities. Not later than September 1 of each year,
the actuary or other qualified firm shall calculate the
recommended funding level of the fund based on the previous
year's claims and inform the board of the results of the calculation.
If the amount to the credit of the fund is less than the amount
required under subsection (c), the board may conduct an
assessment under subsection (c). The board shall pay the costs of
the contract under this subsection with money in the fund.
(e) An assessment collected under subsection (c) on an employer
who is not self-insured must be assessed through a surcharge based
on the employer's premium. An assessment collected under
subsection (c) does not constitute an element of loss, but for the
purpose of collection shall be treated as a separate cost imposed
upon insured employers. A premium surcharge under this
subsection must be collected at the same time and in the same
manner in which the premium for coverage is collected, and must
be shown as a separate amount on a premium statement. A
premium surcharge under this subsection must be excluded from
the definition of premium for all purposes, including the
computation of agent commissions or premium taxes. However, an
insurer may cancel a worker's compensation policy for
nonpayment of the premium surcharge. A cancellation under this
subsection must be carried out under the statutes applicable to the
nonpayment of premiums.
(f) The sums under this section shall be paid by the worker's
compensation board to the treasurer of state, to be deposited in a
special account known as the occupational diseases second injury
fund. The funds are not part of the state general fund. Any balance
remaining in the account at the end of any fiscal year does not
revert to the state general fund. The funds shall be used only for
the payment of awards of compensation and expense of medical
examinations or treatment made and ordered by the board and
chargeable against the occupational diseases second injury fund
under this section and shall be paid for that purpose by the
treasurer of state upon award or order of the board.
(g) If an employee who is entitled to compensation under this
chapter either:
(1) exhausts the maximum benefits under section 19 of this
chapter without having received the full amount of award
granted to the employee under section 16 of this chapter; or
(2) exhausts the employee's benefits under section 16 of this
chapter;
the employee may apply to the worker's compensation board,
which may award the employee compensation from the
occupational diseases second injury fund established by this
section, as provided under subsection (b).
(h) An employee who has exhausted the employee's maximum
benefits under section 10 of this chapter may be awarded
additional compensation equal to sixty-six and two-thirds percent
(66 2/3%) of the employee's average weekly wage at the time of the
employee's disablement from occupational disease, not to exceed
the maximum then applicable under section 19 of this chapter for
a period not to exceed one hundred fifty (150) weeks upon
competent evidence sufficient to establish:
(1) that the employee is totally and permanently disabled from
an occupational disease (as defined in section 10 of this
chapter) of which there are or have been objective conditions
and symptoms proven that are not within the physical or
mental control of the employee; and
(2) that the employee is unable to support the employee in any
gainful employment, not associated with rehabilitative or
vocational therapy.
(i) The additional award may be renewed during the employee's
total and permanent disability after appropriate hearings by the
worker's compensation board for successive periods not to exceed
one hundred fifty (150) weeks each.
furnished, free of charge to the employee, an attending physician for
the treatment of his occupational disease, and in addition thereto such
surgical, hospital, and nursing services and supplies 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, said 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 said
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
supplies, and the worker's compensation board may, on proper
application of either party, require that treatment by such physician and
such services and supplies be furnished by or on behalf of the employer
as the board may deem reasonably necessary.
(c) No representative of the employer or insurance carrier,
including case managers or rehabilitation nurses, may be present
at any treatment of an employee with an occupational disease
without the express written consent of the employee and the
treating medical personnel. At the time of any medical treatment
that a representative of the employer wishes to attend, the
representative of the employer shall inform the employee with an
occupational disease and treating medical personnel that their
written consent is required before the attendance of the employer's
representative. The employee's compensation and benefits may not
be jeopardized in any way due to the employee's failure or refusal
to complete a written waiver allowing the attendance of the
employer's representative. The employer's representative may not
in any way cause the employee to believe that the employee's
compensation and benefits will be terminated if the employee fails
or refuses to complete a written waiver allowing the attendance of
the employer's representative. The written waivers shall be
executed on forms prescribed by the board.
(d) 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 medical services and supplies, 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 supplies 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 supplies 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 his 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
treatment, services, and supplies, provided that an employer may at any
time permit an employee to have treatment for his disease or injury by
spiritual means or prayer in lieu of such physician, services, and
supplies.
(c) (e) 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) (f) If an emergency or because of the employer's failure to
provide such attending physician or such surgical, hospital, or nurse's
services and supplies 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 surgical, hospital, or
nurse's services and supplies are procured within said the period, the
reasonable cost of such services and supplies shall, subject to approval
of the worker's compensation board, be paid by the employer.
(e) (g) 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 providers
selected by agreement before or after disablement; or
(2) makes the findings of a provider chosen in this manner
binding upon the parties.
(f) (h) The employee and the employee's estate do not have liability
to a health care 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 health care 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.
(i) After medical treatment has commenced, neither the
employer nor the insurance carrier is entitled to transfer or
otherwise redirect treatment to other treating medical personnel,
except in an emergency situation, unless the employee requests the
transfer or redirected treatment, the treating medical personnel
requests discontinuance of providing treatment, or there is other
good cause. If the employer or insurance carrier wishes to transfer
treatment for good cause, a transfer may not be permitted unless
and until the board issues an order granting the request. The
request shall be made on forms prescribed by the board.".
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 disabled or injured employee
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) (g). 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) No representative of the employer or insurance carrier,
including case managers or rehabilitation nurses, may be present
at any examination of an employee with an occupational disease
without the express written consent of the employee and the
treating medical personnel. At the time of any medical examination
that a representative of the employer wishes to attend, the
representative of the employer shall inform the employee with an
occupational disease and treating medical personnel that their
written consent is required before the attendance of the employer's
representative. The employee's compensation and benefits may not
be jeopardized in any way due to the employee's failure or refusal
to complete a written waiver allowing the attendance of the
employer's representative. The employer's representative may not
in any way cause the employee to believe that the employee's
compensation and benefits will be terminated if the employee fails
or refuses to complete a written waiver allowing the attendance of
the employer's representative. The written waivers shall be
executed on forms prescribed by the board.
(e) (f) 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) (g). 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) (g) 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) (h) 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) (i) Any party may object to a statement on the basis that the
statement does not meet the requirements of subsection (e) (f). 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) (g).
(i) (j) 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.".
Renumber all SECTIONS consecutively.
(Reference is to SB 52 as printed February 18, 2000.)