HB 1313-2_ Filed 02/04/2002, 08:53 Liggett


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1313 be amended to read as follows:

SOURCE: Page 1, line 1; (02)MO131302.1. -->     Page 1, delete lines 1 through 14, begin a new paragraph and insert:
SOURCE: IC 22-3-2-2.5; (02)MO131302.1. -->     "SECTION 1. IC 22-3-2-2.5, AS ADDED BY P.L.235-1999, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2.5. (a) As used in this section, "school to work student" refers to a student participating in on-the-job training under the federal School to Work Opportunities Act (20 U.S.C. 6101 et seq.).
    (b) Except as provided in IC 22-3-7-2.5, a school to work student is entitled to the following compensation and benefits under this article:
        (1) Medical benefits under IC 22-3-2 through IC 22-3-6.
        (2) Permanent partial impairment compensation under IC 22-3-3-10. Permanent partial impairment compensation for a school to work student shall be paid in a lump sum upon agreement or final award.
        (3) In the case that death results from the injury:
            (A) death benefits in a lump sum amount of one hundred seventy-five thousand dollars ($175,000), subject to section 8(c) of this chapter, payable upon agreement or final award to any dependents of the student under IC 22-3-3-18 through IC 22-3-3-20, or, if the student has no dependents, to the student's parents; and
            (B) burial compensation under IC 22-3-3-21.
    (c) For the sole purpose of modifying an award under IC 22-3-3-27, a school to work student's average weekly wage is presumed to be equal to the federal minimum wage.
    (d) A school to work student is not entitled to the following compensation under this article:
        (1) Temporary total disability compensation under IC 22-3-3-8.
        (2) Temporary partial disability compensation under IC 22-3-3-9.
    (e) Except for remedies available under IC 5-2-6.1, recovery under subsection (b) is the exclusive right and remedy for:
        (1) a school to work student; and
        (2) the personal representatives, dependents, or next of kin, at common law or otherwise, of a school to work student;
on account of personal injury or death by accident arising out of and in the course of school to work employment.
SOURCE: IC 22-3-2-8; (02)MO131302.2. -->     SECTION 2. IC 22-3-2-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002] : Sec. 8. (a) No compensation is allowed for an injury or death due to the employee's:
         (1) knowingly self-inflicted injury;
         (2) his intoxication;
         (3) his commission of an offense; his knowing failure to use a safety appliance,
         (4) his knowing failure to obey a reasonable written or printed rule of the employer which has been posted in a conspicuous position in the place of work; or
        (5) his knowing failure to perform any statutory duty.
The burden of proof is on the defendant.
    (b) Each payment of monetary compensation allowed under IC 22-3-3-8, IC 22-3-3-9, IC 22-3-3-10 or IC 22-3-3-22 shall be reduced by fifteen percent (15%) for an injury or a death caused in any degree by the employee's intentional:
        (1) failure to use a safety appliance furnished by the employer; or
        (2) failure to obey an order or administrative regulation of:
            (A) the worker's compensation board; or
            (B) the employer;
for the safety of the employees or the public.

     (c) Each payment of monetary compensation allowed under IC 22-3-3-8, IC 22-3-3-9, IC 22-3-3-10, or IC 22-3-3-22 shall be increased by thirty percent (30%) for an injury or death caused in any degree by the employer's intentional failure to comply with a statute or administrative regulation regarding safety methods or installation or maintenance of safety appliances that has been communicated to the employer.".
SOURCE: Page 4, line 8; (02)MO131302.4. -->     Page 4, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 22-3-3-8; (02)MO131302.4. -->     "SECTION 4. IC 22-3-3-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. (a) With respect to injuries occurring prior to April 1, 1951, causing temporary total disability for work there shall be paid to the injured employee during

such total disability for work a weekly compensation equal to fifty-five percent (55%) of his average weekly wages for a period not to exceed five hundred (500) weeks. With respect to injuries occurring on and after April 1, 1951, and prior to July 1, 1971, causing temporary total disability for work there shall be paid to the injured employee during such total disability a weekly compensation equal to sixty per cent (60%) of his average weekly wages for a period not to exceed five hundred (500) weeks. With respect to injuries occurring on and after July 1, 1971, and prior to July 1, 1974, causing temporary total disability for work there shall be paid to the injured employee during such total disability a weekly compensation equal to sixty per cent (60%) of his average weekly wages, as defined in IC 22-3-3-22 a period not to exceed five hundred (500) weeks. With respect to injuries occurring on and after July 1, 1974, and before July 1, 1976, causing temporary total disability or total permanent disability for work there shall be paid to the injured employee during such total disability a weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of his average weekly wages up to one hundred and thirty-five dollars ($135.00) average weekly wages, as defined in section 22 of this chapter, for a period not to exceed five hundred (500) weeks. With respect to injuries occurring on and after July 1, 1976, causing temporary total disability or total permanent disability for work, there shall be paid to the injured employee during the total disability a weekly compensation equal to sixty-six and two-thirds percent (66 2/3%) of his average weekly wages, as defined in IC 22-3-3-22, 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.
     (b) As provided in IC 22-3-2-8(b), each payment of monetary compensation allowed under subsection (a) shall be reduced by fifteen percent (15%) for an injury caused in any degree by the employee's intentional:
        (1) failure to use a safety appliance furnished by the employer; or
        (2) failure to obey an order or administrative regulation of:
            (A) the worker's compensation board; or
            (B) the employer;
for the safety of the employees or the public.
    (c) Each payment of monetary compensation allowed under subsection (a) shall be increased by thirty percent (30%) for an injury caused in any degree by the employer's intentional failure to comply with a statute or administrative regulation regarding safety methods or installation or maintenance of safety appliances that has been communicated to the employer, as provided in IC 22-3-2-8(c).

SOURCE: IC 22-3-3-9; (02)MO131302.5. -->     SECTION 5. IC 22-3-3-9 IS AMENDED TO READ AS FOLLOWS

[EFFECTIVE JULY 1, 2002]: Sec. 9. (a) With respect to injuries occurring prior to April 1, 1951 causing temporary partial disability for work, compensation shall be paid to the injured employee during such disability, as prescribed in section 7 of this chapter, a weekly compensation equal to fifty-five per cent (55%) of the difference between his average weekly wages and the weekly wages at which he is actually employed after the injury, for a period not to exceed three hundred (300) weeks. With respect to injuries occurring on and after April 1, 1951 and prior to July 1, 1974 causing temporary partial disability for work, compensation shall be paid to the injured employee during such disability, as prescribed in section 7 of this chapter, a weekly compensation equal to sixty per cent (60%) of the difference between his average weekly wages and the weekly wages at which he is actually employed after the injury, for a period not to exceed three hundred (300) weeks. With respect to injuries occurring on and after July 1, 1974 causing temporary partial disability for work, compensation shall be paid to the injured employee during such disability as prescribed in section 7 of this chapter, a weekly compensation equal to sixty-six and two-thirds per cent (66 2/3%) of the difference between his average weekly wages and the weekly wages at which he is actually employed after the injury, for a period not to exceed three hundred (300) weeks. In case the partial disability begins after the period of temporary total disability, the latter period shall be included as a part of the maximum period allowed for partial disability.
     (b) As provided in IC 22-3-2-8(b), each payment of monetary compensation allowed under subsection (a) shall be reduced by fifteen percent (15%) for an injury caused in any degree by the employee's intentional:
        (1) failure to use a safety appliance furnished by the employer; or
        (2) failure to obey an order or administrative regulation of:
            (A) the worker's compensation board; or
            (B) the employer;
for the safety of the employees or the public.
    (c) Each payment of monetary compensation allowed under subsection (a) shall be increased by thirty percent (30%) for an injury caused in any degree by the employer's intentional failure to comply with a statute or administrative regulation regarding safety methods or installation or maintenance of safety appliances that has been communicated to the employer, as provided in IC 22-3-2-8(c).
".

SOURCE: Page 13, line 13; (02)MO131302.13. -->     Page 13, between lines 13 and 14, begin a new line block indented and insert:
        " (12) With respect to injuries occurring on or after July 1, 2002, as provided in IC 22-3-2-8(b), each payment of monetary compensation allowed under this subsection shall be reduced by fifteen percent (15%) for an injury or a death

caused in any degree by the employee's intentional:
            (A) failure to use a safety appliance furnished by the employer; or
            (B) failure to obey an order or administrative regulation of:
                (i) the worker's compensation board; or
                (ii) the employer;
        for the safety of the employees or the public.

         (13) With respect to injuries occurring on or after July 1, 2002, each payment of monetary compensation allowed under this subsection shall be increased by thirty percent (30%) for an injury or a death caused in any degree by the employer's intentional failure to comply with a statute or administrative regulation regarding safety methods or installation or maintenance of safety appliances that has been communicated to the employer, as provided in IC 22-3-2-8(c).".
    Page 20, line 38, after "benefits," insert " subject to IC 22-3-2-8,".
    Page 22, between lines 27 and 28, begin a new paragraph and insert:

SOURCE: IC 22-3-7-2.5; (02)MO131302.10. -->     "SECTION 10. IC 22-3-7-2.5, AS ADDED BY P.L.235-1999, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 2.5. (a) As used in this section, "school to work student" refers to a student participating in on-the-job training under the federal School to Work Opportunities Act (20 U.S.C. 6101 et seq.).
    (b) A school to work student is entitled to the following compensation and benefits under this chapter:
        (1) Medical benefits.
        (2) Permanent partial impairment compensation under section 16 of this chapter. Permanent partial impairment compensation for a school to work student shall be paid in a lump sum upon agreement or final award.
        (3) In the case that death results from the injury:
            (A) death benefits in a lump sum amount of one hundred seventy-five thousand dollars ($175,000), subject to section 19(u) of this chapter, payable upon agreement or final award to any dependents of the student under sections 11 through 14 of this chapter, or, if the student has no dependents, to the student's parents; and
            (B) burial compensation under section 15 of this chapter.
    (c) For the sole purpose of modifying an award under section 27 of this chapter, a school to work student's average weekly wage is presumed to be equal to the federal minimum wage.
    (d) A school to work student is not entitled to the following compensation under this chapter:
        (1) Temporary total disability compensation under section 16 of this chapter.
        (2) Temporary partial disability compensation under section 19 of

this chapter.
    (e) Except for remedies available under IC 5-2-6.1, recovery under subsection (b) is the exclusive right and remedy for:
        (1) a school to work student; and
        (2) the personal representatives, dependents, or next of kin, at common law or otherwise, of a school to work student;
on account of disablement or death by occupational disease arising out of and in the course of school to work employment.".

SOURCE: Page 37, line 16; (02)MO131302.37. -->     Page 37, between lines 16 and 17, begin a new paragraph and insert:
    " (t) Each payment of monetary compensation due under this section shall be reduced by fifteen percent (15%) for an occupational disease or death resulting from an occupational disease caused in any degree by the employee's intentional:
        (1) failure to use a safety appliance furnished by the employer; or
        (2) failure to obey a lawful order or administrative regulation of:
            (A) the worker's compensation board; or
            (B) the employer;
for the safety of the employees or the public.
    (u) Each payment of monetary compensation allowed under this section
shall be increased by thirty percent (30%) for an occupational disease or a death resulting from an occupational disease caused in any degree by the employer's intentional failure to comply with a statute or administrative regulation regarding safety methods or installation or maintenance of safety appliances that has been communicated to the employer.".
    Page 45, line 37, after "chapter" insert ", subject to section 21 of this chapter,".
    Page 47, between lines 30 and 31, begin a new paragraph and insert:
    " (x) Each payment of monetary compensation due under this section shall be reduced by fifteen percent (15%) for an occupational disease or a death resulting from an occupational disease caused in any degree by the employee's intentional:
        (1) failure to use a safety appliance furnished by the employer; or
        (2) failure to obey a lawful order or administrative regulation of:
            (A) the worker's compensation board; or
            (B) the employer;
for the safety of the employees or the public.
    (y) Each payment of monetary compensation allowed under this section shall be increased by thirty percent (30%) for an occupational disease or a death resulting from an occupational disease
caused in any degree by the employer's intentional failure to comply with a statute or administrative regulation regarding safety methods or installation or maintenance of safety appliances

that has been communicated to the employer.".
    Page 47, delete lines 31 through 42, begin a new paragraph and insert:

SOURCE: IC 22-3-7-21; (02)MO131302.15. -->     "SECTION 15. IC 22-3-7-21 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 21. (a) No compensation is allowed for any condition of physical or mental ill-being, disability, disablement, or death for which compensation is recoverable on account of accidental injury under chapters 2 through 6 of this article.
    (b) No compensation is allowed for any disease or death knowingly self-inflicted by the employee, or due to:
         (1) his intoxication;
         (2) his commission of an offense; his knowing failure to use a safety appliance,
         (3) his knowing failure to obey a reasonable written or printed rule of the employer which has been posted in a conspicuous position in the place of work; or
         (4) his knowing failure to perform any statutory duty.
The burden of proof is on the defendant.
    (c) Each payment of monetary compensation allowed under sections 16 and 19 of this chapter shall be reduced by fifteen percent (15%) for an occupational disease or a death resulting from an occupational disease caused in any degree by the employee's intentional:
        (1) failure to use a safety appliance furnished by the employer; or
        (2) failure to obey a lawful order or administrative regulation of:
            (A) the worker's compensation board; or
            (B) the employer;
for the safety of the employees or the public.
    (d) Each payment of monetary compensation allowed under sections 16 and 19 of this chapter shall be increased by thirty percent (30%) for a disease or death
caused in any degree by the employer's intentional failure to comply with a statute or
administrative regulation
that has been communicated to the employer regarding safety methods or installation or maintenance of safety appliances.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1313 as printed January 30, 2002.)

________________________________________

Representative Liggett


MO131302/DI 96     2002