Citations Affected:
IC 16-39-1-10
; IC 22-3.
Synopsis: Worker's compensation. Increases the compensation
benefits per degree of permanent impairment for worker's
compensation and occupational disease over a three year period.
Provides increases in the worker's compensation and occupational
disease average weekly wage. Increases the worker's compensation
death benefit. Creates disabled from trade compensation. Creates the
occupational disease second injury fund. Provides a five percent
increase in the amount of a worker's compensation award against an
employer that denied compensability. Provides for employee medical
records privacy. Prohibits an employer or insurance carrier from
transferring an employee from a treating medical service provider to
another medical service provider without the employee's consent.
Restricts employer and insurance representatives from being present at
an employee medical examination unless the employee consents.
Repeals the exclusions for an employee receiving worker's
compensation.
Effective: July 1, 2000.
January 10, 2000, read first time and referred to Committee on Labor and Employment.
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and industrial safety.
travel 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.
(b) During the period of temporary total disability resulting from the
injury, the employer shall furnish the physician services, and supplies,
and the worker's compensation board may, on proper application of
either party, require that treatment by the physician and services and
supplies be furnished by or on behalf of the employer as the worker's
compensation 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 injured employee 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 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 employer'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 injury 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 of
this chapter, the employer may continue to furnish a physician or
surgeon and other medical services and supplies, and the worker's
compensation board may within the statutory period for review as
provided in section 27 of this chapter, on a proper application of either
party, require that treatment by that physician and other medical
services and supplies be furnished by and on behalf of the employer as
the worker's compensation board may deem necessary to limit or
reduce the amount and extent of the employee's impairment. The
refusal of the employee to accept such services and supplies, when
provided by or on behalf of the employer, shall bar the employee from
all compensation otherwise payable during the period of the refusal,
and his right to prosecute any proceeding under
IC 22-3-2
through
IC 22-3-6
shall be suspended and abated until the employee's 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 the impairment, disfigurement, or death
which is the result of the failure of the employee to accept the
treatment, services, and supplies required under this section. However,
an employer may at any time permit an employee to have treatment for
his injuries by spiritual means or prayer in lieu of the physician or
surgeon and other medical services and supplies required under this
section.
(d) (e) If, because of an emergency, or because of the employer's
failure to provide an attending physician or surgical, hospital, or
nursing services and supplies, or treatment by spiritual means or
prayer, as required by this section, or because of any other good reason,
a physician other than that provided by the employer treats the injured
employee during the period of the employee's temporary total
disability, or necessary and proper surgical, hospital, or nursing
services and supplies are procured within the period, the reasonable
cost of those services and supplies shall, subject to the approval of the
worker's compensation board, be paid by the employer.
(e) (f) Regardless of when it occurs, where a compensable injury
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 injury 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.
(f) (g) If an accident arising out of and in the course of employment
after June 30, 1997, results in the loss of or damage to an artificial
member, a brace, an implant, eyeglasses, prosthodontics, or other
medically prescribed device, the employer shall repair the artificial
member, brace, implant, eyeglasses, prosthodontics, or other medically
prescribed device or furnish an identical or a reasonably equivalent
replacement.
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 employer'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) (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 facts that are reported by such physician or surgeon to the
employee. Such 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 (e) (f). If
such 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 such physician or surgeon shall not be permitted to
testify before the industrial 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.
(e) (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.
(f) (g) Delivery of any statement required by this section may be
made to the attorney or agent of the employer or employee and such
action shall be construed as delivery to the employer or employee.
(g) (h) 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
(e) (f).
(h) (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 worker's compensation board orders an autopsy and such
autopsy is refused by the surviving spouse or next of kin, then any
claim for compensation on account of such death shall be suspended
and abated during such 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 the 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 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 such autopsy shall be suppressed on
motion duly made to the worker's compensation board.
penalty of fifty dollars ($50), to be assessed and collected by the board
upon notice and hearing. Civil penalties collected under this section
shall be deposited in the state general fund.
(c) Once begun, temporary total disability benefits may not be
terminated by the employer unless:
(1) the employee has returned to any employment;
(2) the employee has died;
(3) the employee has refused to undergo a medical examination
under section 6 of this chapter or has refused to accept suitable
employment under section 11 of this chapter;
(4) the employee has received five hundred (500) weeks of
temporary total disability benefits or has been paid the maximum
compensation allowed under section 22 of this chapter; or
(5) the employee is unable or unavailable to work for reasons
unrelated to the compensable injury; 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.
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
IC 22-3-4-5.
(d) 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.
(e) 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 section 10 of this chapter
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.
benefits not to exceed fifty-two (52) weeks on account of the injury, 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 injury. With respect
to injuries in the following schedule occurring on and after July 1,
1988, and before July 1, 1989, the employee shall receive, in addition
to temporary total disability benefits not exceeding seventy-eight (78)
weeks on account of the injury, 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 injury.
With respect to injuries in the following schedule occurring on and
after July 1, 1989, and before July 1, 1990, the employee shall receive,
in addition to temporary total disability benefits not exceeding
seventy-eight (78) weeks on account of the injury, 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 injury.
With respect to injuries in the following schedule occurring on and
after July 1, 1990, and before July 1, 1991, the employee shall receive,
in addition to temporary total disability benefits not exceeding
seventy-eight (78) weeks on account of the injury, 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 injury.
(1) Amputation: 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 joint two hundred (200) weeks, or
the arm above the elbow 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, and for loss occurring
before April 1, 1959, by separation of the foot below the knee
joint one hundred fifty (150) weeks and of the leg above the knee
joint two hundred (200) weeks; for loss occurring on and after
April 1, 1959, by separation of the foot below the knee joint, one
hundred seventy-five (175) weeks and of the leg above the knee
joint two hundred twenty-five (225) weeks. The loss of more than
one (1) phalange of a thumb or toes 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 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) the period 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 period for the loss of the entire finger.
(2) 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, five hundred (500) weeks.
(3) For the permanent and complete loss of vision by enucleation
or its reduction to one-tenth (1/10) of normal vision with glasses,
one hundred seventy-five (175) weeks.
(4) For the permanent and complete loss of hearing in one (1) ear,
seventy-five (75) weeks, and in both ears, two hundred (200)
weeks.
(5) For the loss of one (1) testicle, fifty (50) weeks; for the loss of
both testicles, one hundred fifty (150) weeks.
(b) With respect to injuries in the following schedule occurring prior
to April 1, 1951, the employee shall receive in lieu of all other
compensation on account of the injuries, a weekly compensation of
fifty-five percent (55%) of the employee's average weekly wages. With
respect to injuries in the following schedule occurring on and after
April 1, 1951, and prior to April 1, 1955, the employee shall receive in
lieu of all other compensation on account of the injuries a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages. With respect to injuries in the following schedule occurring on
and after April 1, 1955, and prior to July 1, 1971, the employee shall
receive in addition to temporary total disability benefits not exceeding
twenty-six (26) weeks on account of the injuries, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages. With respect to injuries in the following schedule occurring on
and after July 1, 1971, and before July 1, 1977, the employee shall
receive in addition to temporary total disability benefits not exceeding
twenty-six (26) weeks on account of the injuries, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages, not to exceed one hundred dollars ($100) average weekly
wages, for the period stated for such injuries respectively. With respect
to injuries in the following schedule occurring on and after July 1,
1977, and before July 1, 1979, the employee shall receive, in addition
to temporary total disability benefits not exceeding twenty-six (26)
weeks on account of the injury, 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 injury. With respect to injuries in the following
schedule occurring on and after July 1, 1979, and before July 1, 1988,
the employee shall receive, in addition to temporary total disability
benefits not exceeding fifty-two (52) weeks on account of the injury, 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 injury. With respect
to injuries in the following schedule occurring on and after July 1,
1988, and before July 1, 1989, the employee shall receive, in addition
to temporary total disability benefits not exceeding seventy-eight (78)
weeks on account of the injury, 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 injury.
With respect to injuries in the following schedule occurring on and
after July 1, 1989, and before July 1, 1990, the employee shall receive,
in addition to temporary total disability benefits not exceeding
seventy-eight (78) weeks on account of the injury, 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 injury.
With respect to injuries in the following schedule occurring on and
after July 1, 1990, and before July 1, 1991, the employee shall receive,
in addition to temporary total disability benefits not exceeding
seventy-eight (78) weeks on account of the injury, 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 injury.
(1) 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 compensation shall
be paid for the same period as for the loss thereof by separation.
(2) 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.
(3) For injuries resulting in total permanent disability, five
hundred (500) weeks.
(4) For any permanent reduction of the sight of an eye less than a
total loss as specified in subsection (a)(3), 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 in such event
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%).
(5) For any permanent reduction of the hearing of one (1) or both
ears, less than the total loss as specified in subsection (a)(4),
compensation shall be paid for a period proportional to the degree
of such permanent reduction.
(6) 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.
(7) 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 subdivision where compensation is
payable elsewhere in this section.
(c) With respect to injuries 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 injury, 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 injury 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; by 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: For the loss by separation of any of the body
parts described in subdivision (1) on or after July 1, 1997, and for
the loss by separation of any of the body parts described in
subdivision (3), (5), or (8), on or after July 1, 1999, the dollar
values per degree applying on the date of the injury as described
in subsection (d) 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,
thirty-five (35) degrees of permanent impairment.
(6) For the reduction of vision to one-tenth (1/10) of normal
vision with glasses, thirty-five (35) degrees of permanent
impairment.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) For injuries resulting in total permanent disability, the
amount payable for impairment or five hundred (500) weeks of
compensation, whichever is greater.
(12) For any permanent reduction of the sight of an eye less than
a total loss as specified in subsection (a)(3), 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%).
(13) For any permanent reduction of the hearing of one (1) or both
ears, less than the total loss as specified in subsection (a)(4),
compensation shall be paid in an amount proportionate to the
degree of a permanent reduction.
(14) 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.
(15) 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.
(d) Compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the injury
determined under subsection (c) and the following:
(1) With respect to injuries 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 injuries 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 injuries 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 injuries 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 injuries 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 injuries 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 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), two thousand fifty
dollars ($2,050) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), two thousand
seven hundred dollars ($2,700) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), three
thousand three hundred dollars ($3,300) per degree; for each
degree of permanent impairment above fifty (50), three
thousand nine hundred dollars ($3,900) per degree.
(8) With respect to injuries occurring on and after July 1,
2001, and before July 1, 2002, for each degree of permanent
impairment from one (1) to ten (10), two thousand four
hundred dollars ($2,400) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35),
three thousand seventy-five dollars ($3,075) per degree; for
each degree of permanent impairment from thirty-six (36) to
fifty (50), three thousand seven hundred seventy-five dollars
($3,775) per degree; for each degree of permanent
impairment above fifty (50), four thousand five hundred
twenty-five dollars ($4,525) per degree.
added to any compensation paid to 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, 1971, 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, 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.
and after April 1, 1963, and prior to April 1, 1965, the average weekly wages shall be considered to be not more than seventy dollars ($70) nor less than thirty dollars ($30). In computing the compensation under this law with respect to injuries occurring on and after April 1, 1965, and prior to April 1, 1967, the average weekly wages shall be considered to be not more than seventy-five dollars ($75) and not less than thirty dollars ($30). In computing the compensation under this law with respect to injuries occurring on and after April 1, 1967, and prior to April 1, 1969, the average weekly wages shall be considered to be not more than eighty-five dollars ($85) and not less than thirty-five dollars ($35). In computing the compensation under this law with respect to injuries occurring on and after April 1, 1969, and prior to July 1, 1971, the average weekly wages shall be considered to be not more than ninety-five dollars ($95) and not less than thirty-five dollars ($35). In computing the compensation under this law with respect to injuries occurring on and after July 1, 1971, and prior to July 1, 1974, the average weekly wages shall be considered to be: (A) Not more than: (1) one hundred dollars ($100) if no dependents; (2) one hundred five dollars ($105) if one (1) dependent; (3) one hundred ten dollars ($110) if two (2) dependents; (4) one hundred fifteen dollars ($115) if three (3) dependents; (5) one hundred twenty dollars ($120) if four (4) dependents; and (6) one hundred twenty-five dollars ($125) if five (5) or more dependents; and (B) Not less than thirty-five dollars ($35). In computing compensation for temporary total disability, temporary partial disability, and total permanent disability under this law with respect to injuries occurring on and after July 1, 1974, and before July 1, 1976, the average weekly wages shall be considered to be (A) not more than one hundred thirty-five dollars ($135), and (B) not less than seventy-five dollars ($75). However, the weekly compensation payable shall in no case exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability and total permanent disability under this law with respect to injuries occurring on and after July 1, 1976, and before July 1, 1977, the average weekly wages shall be considered to be (1) not more than one hundred fifty-six dollars ($156) and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries occurring on and after July 1, 1977, and before July 1, 1979, the average weekly wages are considered to be (1) not more than one hundred eighty dollars ($180);
and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable may not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries occurring on and after July 1, 1979, and before July 1, 1980, the average weekly wages are considered to be (1) not more than one hundred ninety-five dollars ($195), and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries occurring on and after July 1, 1980, and before July 1, 1983, the average weekly wages are considered to be (1) not more than two hundred ten dollars ($210), and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries occurring on and after July 1, 1983, and before July 1, 1984, the average weekly wages are considered to be (1) not more than two hundred thirty-four dollars ($234) and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries occurring on and after July 1, 1984, and before July 1, 1985, the average weekly wages are considered to be (1) not more than two hundred forty-nine dollars ($249) and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries 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). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries 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). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury. In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries 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). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury.
In computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
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). However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
In computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
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). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury.
In computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
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). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury.
In computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
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). However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
In computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
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). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury.
In computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
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). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury.
(b) 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 injuries 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 injuries 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 injuries 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); and
(4) with respect to injuries 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 injuries occurring on and after July 1,
2001, and before July 1, 2002:
(A) not more than eight hundred thirty-eight dollars
($838); and
(B) not less than seventy-five dollars ($75); and
(6) with respect to injuries occurring on and after July 1,
2002:
(A) not more than nine hundred fourteen dollars ($914);
and
(B) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(c) For the purpose of this section only and with respect to injuries
occurring on and after July 1, 1971, and prior to July 1, 1974, only, the
term "dependent" as used in this section shall mean persons defined as
presumptive dependents under section 19 of this chapter, except that
such dependency shall be determined as of the date of the injury to the
employee.
(d) With respect to any injury occurring on and after April 1, 1955,
and prior to April 1, 1957, the maximum compensation exclusive of
medical benefits, which shall be paid for an injury under any provisions
of this law or under any combination of its provisions shall not exceed
twelve thousand five hundred dollars ($12,500) in any case. With
respect to any injury occurring on and after April 1, 1957 and prior to
April 1, 1963, the maximum compensation exclusive of medical
benefits, which shall be paid for an injury under any provision of this
law or under any combination of its provisions shall not exceed fifteen
thousand dollars ($15,000) in any case. With respect to any injury
occurring on and after April 1, 1963, and prior to April 1, 1965, the
maximum compensation exclusive of medical benefits, which shall be
paid for an injury under any provision of this law or under any
combination of its provisions shall not exceed sixteen thousand five
hundred dollars ($16,500) in any case. With respect to any injury
occurring on and after April 1, 1965, and prior to April 1, 1967, the
maximum compensation exclusive of medical benefits which shall be
paid for any injury under any provision of this law or any combination
of provisions shall not exceed twenty thousand dollars ($20,000) in any
case. With respect to any injury occurring on and after April 1, 1967,
and prior to July 1, 1971, the maximum compensation exclusive of
medical benefits which shall be paid for an injury under any provision
of this law or any combination of provisions shall not exceed
twenty-five thousand dollars ($25,000) in any case. With respect to any
injury occurring on and after July 1, 1971, and prior to July 1, 1974, the
maximum compensation exclusive of medical benefits which shall be
paid for any injury under any provision of this law or any combination
of provisions shall not exceed thirty thousand dollars ($30,000) in any
case. With respect to any injury occurring on and after July 1, 1974,
and before July 1, 1976, the maximum compensation exclusive of
medical benefits which shall be paid for an injury under any provision
of this law or any combination of provisions shall not exceed forty-five thousand dollars ($45,000) in any case. With respect to an injury occurring on and after July 1, 1976, and before July 1, 1977, the maximum compensation, exclusive of medical benefits, which shall be paid for any injury under any provision of this law or any combination of provisions shall not exceed fifty-two thousand dollars ($52,000) in any case. With respect to any injury occurring on and after July 1, 1977, and before July 1, 1979, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provision of this law or any combination of provisions may not exceed sixty thousand dollars ($60,000) in any case. With respect to any injury occurring on and after July 1, 1979, and before July 1, 1980, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed sixty-five thousand dollars ($65,000) in any case. With respect to any injury occurring on and after July 1, 1980, and before July 1, 1983, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed seventy thousand dollars ($70,000) in any case. With respect to any injury occurring on and after July 1, 1983, and before July 1, 1984, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed seventy-eight thousand dollars ($78,000) in any case. With respect to any injury occurring on and after July 1, 1984, and before July 1, 1985, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed eighty-three thousand dollars ($83,000) in any case. With respect to any injury occurring on and after July 1, 1985, and before July 1, 1986, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed eighty-nine thousand dollars ($89,000) in any case. With respect to any injury occurring on and after July 1, 1986, and before July 1, 1988, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed ninety-five thousand dollars ($95,000) in any case. With respect to any injury occurring on and after July 1, 1988, and before July 1, 1989, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed one hundred twenty-eight
thousand dollars ($128,000) in any case.
With respect to any injury occurring on and after July 1, 1989, and
before July 1, 1990, the maximum compensation, exclusive of medical
benefits, which may be paid for an injury under any provisions of this
law or any combination of provisions may not exceed one hundred
thirty-seven thousand dollars ($137,000) in any case.
With respect to any injury occurring on and after July 1, 1990, and
before July 1, 1991, the maximum compensation, exclusive of medical
benefits, which may be paid for an injury under any provisions of this
law or any combination of provisions may not exceed one hundred
forty-seven thousand dollars ($147,000) in any case.
With respect to any injury occurring on and after July 1, 1991, and
before July 1, 1992, the maximum compensation, exclusive of medical
benefits, that may be paid for an injury under any provisions of this law
or any combination of provisions may not exceed one hundred
sixty-four thousand dollars ($164,000) in any case.
With respect to any injury occurring on and after July 1, 1992, and
before July 1, 1993, the maximum compensation, exclusive of medical
benefits, that may be paid for an injury under any provisions of this law
or any combination of provisions may not exceed one hundred eighty
thousand dollars ($180,000) in any case.
With respect to any injury occurring on and after July 1, 1993, and
before July 1, 1994, the maximum compensation, exclusive of medical
benefits, that may be paid for an injury under any provisions of this law
or any combination of provisions may not exceed one hundred
ninety-seven thousand dollars ($197,000) in any case.
With respect to any injury occurring on and after July 1, 1994, and
before July 1, 1997, the maximum compensation, exclusive of medical
benefits, which may be paid for an injury under any provisions of this
law or any combination of provisions may not exceed two hundred
fourteen thousand dollars ($214,000) in any case.
(e) The maximum compensation, exclusive of medical benefits, that
may be paid for an injury under any provision of this law or any
combination of provisions may not exceed the following amounts in
any case:
(1) With respect to an injury occurring on and after July 1, 1997,
and before July 1, 1998, two hundred twenty-four thousand
dollars ($224,000).
(2) With respect to an injury occurring on and after July 1, 1998,
and before July 1, 1999, two hundred thirty-four thousand dollars
($234,000).
(3) With respect to an injury occurring on and after July 1, 1999,
and before July 1, 2000, two hundred forty-four thousand dollars
($244,000).
(4) With respect to an injury occurring on and after July 1, 2000,
and before July 1, 2001, two hundred fifty-four thousand dollars
($254,000).
(5) With respect to an injury occurring on and after July 1,
2001, and before July 1, 2002, two hundred seventy-nine
thousand three hundred five dollars ($279,305).
(6) With respect to an injury occurring on and after July 1,
2002, three hundred four thousand six hundred thirty-six
dollars ($304,636).
that informs the employee that the employee has been released to
work with limitations or restrictions. The notice must include:
(1) an explanation of the limitations or restrictions placed on
the employee;
(2) the amount of disabled from trade compensation the
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.
information within thirty (30) days after receiving the request
must:
(1) notify the employee in writing; and
(2) state one (1) or more reasons for the refusal.
(b) An employee who receives a notification under subsection (a)
may file a statement of disagreement that includes the following:
(1) A description of the correction requested.
(2) The reason for the correction.
(c) Upon receiving a statement described in subsection (b), the
trustee must add the statement to the employee's medical record.
Sec. 7. (a) A trustee shall:
(1) not collect, use, or disclose personal health information
about an employee unless the information is for a lawful
purpose connected with a function or activity of the trustee;
and
(2) collect, use, or disclose only as much personal health
information about an employee as is reasonably necessary to
accomplish the purpose for which the personal health
information is collected, used, or disclosed.
(b) Reasons for collecting, using, or disclosing an employee's
personal health information include determinations of the
following:
(1) A diagnosis of the employee's condition.
(2) Reasonable and necessary treatment for the employee's
condition.
(3) The amount of time that the employee will be out of work.
(4) The relationship, if any, of the employee's condition to the
employee's employment.
(5) Any work related restrictions resulting from the
employee's condition.
(6) The kind of work for which the employee may be eligible.
(7) The anticipated time that the employee will be restricted.
(8) The permanent impairment, if any, resulting from the
employee's condition.
(c) Other personal health information may be collected, used, or
disclosed by the trustee only if authorized by the employee or by
the employee's legal representative in writing, provided that the
purpose for which the additional information is being sought has
been revealed to the employee or the employee's legal
representative.
Sec. 8. (a) A trustee may disclose personal health information
without the consent of an employee only under the following
conditions:
(1) The trustee reasonably believes that the disclosure is
necessary to prevent or reduce a serious and immediate threat
to:
(A) the employee; or
(B) public health or public safety.
(2) To provide a billing review organization with information
needed to undertake periodic reviews of claims processing
and payments.
(3) To assist in identifying a deceased employee.
(4) To inform the representative or a relative of a deceased
employee, or any other individual the trustee considers
reasonable to inform under the circumstances, of the
employee's death.
(5) To conduct a peer review by health professionals.
(6) The disclosure is required by law for law enforcement
purposes.
(b) A trustee may disclose information under subsection (a) only
to the extent the recipient needs to know the information.
(c) A trustee shall keep a record of all disclosures made under
this section for five (5) years.
Sec. 9. (a) A trustee may disclose an employee's personal health
information without the employee's consent to research
organizations conducting scientific, medical or public policy
research.
(b) A trustee shall keep, for five (5) years after disclosing an
employee's personal health information under subsection (a), a
record of the research organizations to which the trustee discloses
protected personal health information.
(c) A trustee shall not disclose protected personal health
information to a research organization unless the research
organization agrees not to disclose the protected personal health
information to a third person.
(d) A trustee shall disclose only the minimum data necessary to
conduct the intended research.
(e) The trustee shall disclose protected personal health
information only when the information is necessary to conduct the
research.
Sec. 10. A research organization shall execute an agreement
with the trustee that contains the following:
(1) A provision that it is unreasonable or impractical for the:
(A) person proposing the research; or
(B) trustee;
to obtain consent from an employee regarding the employee's
personal health information.
(2) A requirement that the research project contain the
following:
(A) Reasonable safeguards to protect the confidentiality
and security of personal health information.
(B) Procedures to destroy the information or remove all
identifying information at the earliest opportunity
consistent with the purposes of the project.
(3) A provision that the personal health information requested
will not be published in a form that could reasonably identify
the employees concerned.
(4) A provision that the personal health information requested
will be used only for the purposes of an approved research
project.
(5) A provision that all individual identifiers will be removed
before the publication or release of the research project.
Sec. 11. (a) The penalties described in subsection (b) apply to a
trustee or research organization that knowingly or intentionally:
(1) obtains personal health information relating to an
employee; or
(2) discloses personal health information to another person;
in violation of this chapter.
(b) Except as provided in subsections (c) and (d), a person
described in subsection (a) may be assessed a civil penalty by the
worker's compensation board of not more than fifty thousand
dollars ($50,000).
(c) If a violation of this chapter is knowingly or intentionally
committed under false pretenses, the person committing the
violation may be assessed a civil penalty by the worker's
compensation board of not more than two hundred fifty thousand
dollars ($250,000).
(d) If a violation of this chapter is knowingly or intentionally
committed with the intent to sell, transfer, or use personal health
information for commercial advantage, personal gain, or malicious
harm, the person committing the violation may be assessed a civil
penalty by the worker's compensation board of not more than five
hundred thousand dollars ($500,000).
(e) In the case of a person described in subsection (a), the civil
penalties described in subsections (b) through (d) shall be doubled
for every subsequent violation of this chapter.
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 April 1, 1951, and prior
to July 1, 1971, from occupational disease resulting in temporary total
disability for any work there shall be paid to the disabled employee
during such temporary total disability a weekly compensation equal to
sixty percent (60%) of the employee's average weekly wages 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-eight (28) days.
For disablements occurring on and after July 1, 1971, and prior to
July 1, 1974, from occupational disease resulting in temporary total
disability for any work there shall be paid to the disabled employee
during such temporary total disability a weekly compensation equal to
sixty percent (60%) 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-eight (28) days.
For disablements occurring on and after July 1, 1974, and before
July 1, 1976, from occupational disease resulting in temporary total
disability for any work there shall be paid to the disabled employee
during such temporary total disability a weekly compensation equal to
sixty-six and two-thirds percent (66 2/3%) of the employee's average
weekly wages, up to one hundred thirty-five dollars ($135) 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.
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 April 1, 1951, and prior
to July 1, 1971, 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 percent
(60%) of the difference between the employee's average weekly wages
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-eight (28) days.
In case of partial disability after the period of temporary total disability,
the later period shall be included as part of the maximum period
allowed for partial disability.
For disablements occurring on and after July 1, 1971, and prior to
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 percent (60%) 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-eight (28) 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.
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
he 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 April 1, 1951, and prior
to April 1, 1955, from occupational disease in the following schedule,
the employee shall receive in lieu of all other compensation, on account
of such disabilities, a weekly compensation of sixty percent (60%) of
the employee's average weekly wage; for disabilities occurring on and
after April 1, 1955, and prior to July 1, 1971, from occupational disease
in the following schedule, the employee shall receive in addition to
disability benefits not exceeding twenty-six (26) weeks on account of
said occupational disease a weekly compensation of sixty percent
(60%) of the employee's average weekly wages.
For disabilities occurring on and after July 1, 1971, and before July
1, 1977, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits not exceeding
twenty-six (26) weeks on account of said occupational disease a weekly
compensation of sixty percent (60%) of his average weekly wages not
to exceed one hundred dollars ($100) average weekly wages, for the
period stated for such disabilities respectively.
For disabilities occurring on and after July 1, 1977, and before July
1, 1979, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits not exceeding
twenty-six (26) 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.
For disabilities occurring on and after July 1, 1979, and before July
1, 1988, from occupational disease in the following schedule, 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.
For disabilities occurring on and after July 1, 1988, and before July
1, 1989, 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 one hundred sixty-six dollars ($166)
average weekly wages, for the period stated for the disabilities.
For disabilities occurring on and after July 1, 1989, and before July
1, 1990, 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 one hundred eighty-three dollars ($183)
average weekly wages, for the period stated for the disabilities.
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.
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 (h) 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, (10) ten 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 (3), 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 (4),
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.
(h) 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 (d) 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) 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 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), two thousand fifty
dollars ($2,050) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), two thousand
seven hundred dollars ($2,700) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), three
thousand three hundred dollars ($3,300) per degree; for each
degree of permanent impairment above fifty (50), three
thousand nine hundred dollars ($3,900) per degree.
(8) With respect to injuries occurring on and after July 1,
2001, and before July 1, 2002, for each degree of permanent
impairment from one (1) to ten (10), two thousand four
hundred dollars ($2,400) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35),
three thousand seventy-five dollars ($3,075) per degree; for
each degree of permanent impairment from thirty-six (36) to
fifty (50), three thousand seven hundred seventy-five dollars
($3,775) per degree; for each degree of permanent
impairment above fifty (50), four thousand five hundred
twenty-five dollars ($4,525) per degree.
(9) With respect to injuries occurring on and after July 1,
2002, for each degree of permanent impairment from one (1)
to ten (10), two thousand seven hundred forty-seven dollars
($2,747) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), three
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.
(i) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections (g)
and (h) 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 injuries occurring on or after July 1, 2001,
and before July 1, 2002, eight hundred thirty-eight dollars
($838).
(10) With respect to injuries occurring on or after July 1,
2002, nine hundred fourteen dollars ($914).
(j) If any employee, only partially disabled, refuses employment
suitable to his capacity procured for him, he 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.
(k) 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 he 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.
(l) If an employee suffers a disablement from 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, he shall not
at the same time be entitled to compensation for both, unless it be for
a permanent injury, such as specified in subsection (g)(1), (g)(2),
(g)(3), (g)(6), or (g)(7); 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.
(m) If an employee receives a permanent disability from
occupational disease such as specified in subsection (g)(1), (g)(2),
(g)(3), (g)(6), or (g)(7), 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.
(n) When an employee has been awarded or is entitled to an award
of compensation for a definite period under this chapter for disability
from occupational disease, which disablement occurs on and after April
1, 1951, and prior to April 1, 1963, and such employee dies from any
other cause than such occupational disease, payment of the unpaid
balance of such compensation, not exceeding three hundred (300)
weeks, shall be made 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. 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.
(o) 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.
(p) 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.
(q) 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.
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.
(r) 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.
(s) 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 himself.
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.
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.
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).
(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, 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).
(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, 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).
(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, 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).
(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, 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).
(j) 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).
(k) 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:
may not exceed eighty-nine thousand dollars ($89,000) in any case.
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. 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 an injury occurring on and after July 1,
2001, and before July 1, 2002, two hundred seventy-nine
thousand three hundred five dollars ($279,305).
(6) With respect to an injury occurring on and after July 1,
2002, three hundred four thousand six hundred thirty-six
dollars ($304,636).
(u) For all disabilities occurring before July 1, 1985, "average
weekly wages" shall mean the earnings of the injured employee in the
employment in which the employee was working at the time of the last
exposure during the period of fifty-two (52) weeks immediately
preceding the last day of the last exposure 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 thereof remaining after the time lost has been deducted. Where
the employment prior to the last day of the last exposure 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 thereof
during which the employee earned wages shall be followed if results
just and fair to both parties will be obtained. Where 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
as above defined, regard shall be had to the average weekly amount
which, during the fifty-two (52) weeks previous to the last day of the
last exposure, 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 in lieu of wages or a
specified part of the wage contract, they shall be deemed a part of the
employee's earnings.
(v) 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.
(w) 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).
FOLLOWS [EFFECTIVE JULY 1, 2000]: 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.
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.