Citations Affected: IC 22-3.
Synopsis: Worker's compensation. Establishes a process for
transferring an employee's medical treatment to another attending
physician. Establishes a premium surcharge on worker's compensation
insurance policies and an assessment on the payroll of self-insured
employers to fund the administrative expenses of the worker's
compensation board. Makes changes in the computation and payment
of worker's compensation and occupational disease benefits.
Effective: July 1, 2004.
January 15, 2004, 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.
employee for the loss of wages using the basis of the employee's
average daily wage.
(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) After the employee's medical treatment with an attending
physician described in subsection (a) begins, neither the employer
nor the employer's insurance carrier has the right to transfer or
otherwise redirect an employee's medical treatment to another
physician unless:
(1) the employee makes the transfer request;
(2) the attending physician requests that the physician's
treatment of the employee be discontinued; or
(3) the worker's compensation board determines that there is
good cause for the transfer.
(d) If the employer or the employer's insurance carrier desires
to transfer or redirect the employee's medical treatment under
subsection (c)(3) for good cause, the employer or the employer's
insurance carrier shall file a transfer request with the worker's
compensation board on forms prescribed by the board. A transfer
may not occur until the worker's compensation board issues an
order granting the transfer request.
(e) 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 the employee's 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 the employee's injuries by spiritual means or prayer in lieu instead
of the physician or surgeon and other medical services and supplies
required under this section.
(d) (f) 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) (g) 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) (h) 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.
(g) (i) This section may not be construed to prohibit an agreement
between an employer and the employer's employees that has the
approval of the board and that binds the parties to:
(1) medical care furnished by health care providers selected by
agreement before or after injury; or
(2) the findings of a health care provider who was chosen by
agreement.
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.
exceed five hundred (500) weeks. (a) With respect to injuries occurring
on and after July 1, 1974, and before July 1, 1976, and before July 1,
2004, 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 the employee's average weekly wages, as
defined in IC 22-3-3-22, section 22 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.
(b) For injuries occurring after June 30, 2004, 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 the employee's average weekly wages (as
defined in IC 22-3-6-1) and subject to the minimum and maximum
payments described in subsections (c) and (d) for a period
described in section 22 of this chapter. Compensation is allowed for
the first three (3) calendar days only if the disability continues for
at least fourteen (14) calendar days.
(c) The minimum weekly payment for temporary total disability
or total permanent disability determined under subsection (b) is
the lesser of:
(1) the amount calculated in subsection (b); or
(2) the following amounts:
(A) One hundred dollars and ninety cents ($100.90) per
week for a single employee.
(B) One hundred five dollars and fifty cents ($105.50) per
week for a married employee without children.
(C) One hundred eight dollars and thirty cents ($108.30)
per week for an employee with one (1) child.
(D) One hundred thirteen dollars and forty cents ($113.40)
per week for an employee with two (2) children.
(E) One hundred seventeen dollars and forty cents
($117.40) per week for an employee with three (3) children.
(F) One hundred twenty-four dollars and thirty cents
($124.30) per week for an employee with more than three
(3) children.
(d) The maximum weekly payment for temporary total
disability or total permanent disability determined under
subsection (b) is one hundred thirty-three and one-third percent
(133 1/3%) of the state average weekly wage (as defined in
IC 22-3-6-1).
(e) An injured employee receiving compensation for total
permanent disability determined under subsection (b) is entitled to
an annual adjustment to the weekly compensation rate paid as
supplemental compensation from the rate adjustment fund
established by IC 22-3-4-15 and determined as follows:
(1) The adjustment to the weekly compensation rate begins on
July 1 of the second year after the award or settlement and is
made on July 1 each year thereafter.
(2) The adjustment to the weekly compensation rate is
payable for a year if, in the period between:
(A) the date of:
(i) the entry of the award or settlement; or
(ii) the last annual adjustment to the weekly
compensation rate; and
(B) July 1 of that year;
there has been an increase in the state average weekly wage,
as defined by IC 22-3-6-1. The weekly compensation rate shall
be proportionately increased by the same percentage as the
percentage of increase in the state average weekly wage for
the period.
(3) The weekly compensation after an adjustment under this
subsection may not exceed the maximum weekly payment
determined under subsection (d).
(4) The amount of the adjustment determined under this
subsection is payable in the same manner as the weekly
payment for total permanent disability.
(5) If, in the period described in subdivision (2), the state
average weekly wage has not increased or has decreased, the
weekly compensation rate does not change.
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 (a) For injuries occurring on and
after July 1, 1974, and before July 1, 2004, causing temporary partial
disability for work, compensation shall be paid to the injured employee
during such the disability as prescribed in section 7 of this chapter, a
weekly compensation equal to sixty-six and two-thirds percent (66
2/3%) of the difference between his the employee's average weekly
wages and the weekly wages at which he the employee 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) For injuries occurring after June 30, 2004, causing
temporary partial disability for work, the compensation paid to the
injured employee during the disability is prescribed in section 7 of
this chapter. The weekly compensation is equal to sixty-six and
two-thirds percent (66 2/3%) of the difference between the
employee's average weekly wages and the weekly wages at which
the employee is actually employed after the injury, for the period
of the disability.
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 his 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 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.
(b) 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.
(c) 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.
(d) 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. (e) 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.
(f) 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.
(g) 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.
(h) 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) (i) With respect to injuries in the following schedule occurring
on and after July 1, 1991, and before July 1, 2004, 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) (j) 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) (j) Compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the injury
determined under subsection (c) (i) 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), one thousand one hundred dollars
($1,100) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand three hundred
dollars ($1,300) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), two thousand dollars
($2,000) per degree; for each degree of permanent impairment
above fifty (50), two thousand five hundred fifty dollars ($2,500)
per degree.
(8) With respect to injuries occurring on and after July 1, 2001,
and before July 1, 2004, for each degree of permanent
impairment from one (1) to ten (10), one thousand three hundred
dollars ($1,300) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand five
hundred dollars ($1,500) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand four hundred dollars ($2,400) per degree; for each
degree of permanent impairment above fifty (50), three thousand
dollars ($3,000) per degree.
(k) Compensation for permanent partial impairment for
injuries occurring after June 30, 2004, is determined under section
10.3 of this chapter.
(e) (l) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections (c)
(i) and (d) (j) shall not exceed the following:
(1) With respect to injuries occurring on or after July 1, 1991, and
before July 1, 1992, four hundred ninety-two dollars ($492).
(2) With respect to injuries occurring on or after July 1, 1992, and
before July 1, 1993, five hundred forty dollars ($540).
(3) With respect to injuries occurring on or after July 1, 1993, and
before July 1, 1994, five hundred ninety-one dollars ($591).
(4) With respect to injuries occurring on or after July 1, 1994, and
before July 1, 1997, six hundred forty-two dollars ($642).
(5) With respect to injuries occurring on or after July 1, 1997, and
before July 1, 1998, six hundred seventy-two dollars ($672).
(6) With respect to injuries occurring on or after July 1, 1998, and
before July 1, 1999, seven hundred two dollars ($702).
(7) With respect to injuries occurring on or after July 1, 1999, and
before July 1, 2000, seven hundred thirty-two dollars ($732).
(8) With respect to injuries 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 twenty-two dollars ($822).
(10) With respect to injuries occurring on or after July 1, 2002,
and before July 1, 2004, eight hundred eighty-two dollars
($882).
additional compensation payable under section 10.3 of this chapter.
(b) The following amounts apply either to the loss of or to the
permanent and complete loss of use of the following parts of the
body:
(1) Thumb: Seventy (70) weeks.
(2) First, or index, finger: Forty (40) weeks.
(3) Second, or middle, finger: Thirty-five (35) weeks.
(4) Third, or ring, finger: Twenty-five (25) weeks.
(5) Fourth, or little, finger: Twenty (20) weeks.
(6) Great toe: Thirty-five (35) weeks.
(7) Each toe other than the great toe: Twelve (12) weeks.
(8) Hand: One hundred ninety (190) weeks.
(9) Arm: Two hundred thirty-five (235) weeks.
(10) Foot: One hundred fifty-five (155) weeks.
(11) Leg: Two hundred (200) weeks.
(12) Loss of one (1) eye, loss of sight: One hundred fifty (150)
weeks.
(13) Loss of one (1) eye, removal: One hundred sixty (160)
weeks.
(14) Loss of hearing in one ear: Fifty (50) weeks.
(15) Loss of hearing in both ears: Two hundred (200) weeks.
(16) One testicle: Fifty (50) weeks.
(17) Both testicles: One hundred fifty (150) weeks.
(c) The compensation of at least the listed amounts applies to the
following fractures that result in permanent disability:
(1) A skull fracture: Six (6) weeks.
(2) A vertebral fracture: Six (6) weeks.
(3) A fracture of any of the following facial bones: Two (2)
weeks for each bone:
(A) Nasal.
(B) Lachrymal.
(C) Vomer.
(D) Zygoma.
(E) Maxilla.
(F) Palatine.
(G) Mandible.
(4) A fracture of a transverse process: Three (3) weeks.
(d) The amount of compensation allowed when an injury results
in the loss of a kidney, spleen, or lung: At least ten (10) weeks per
organ.
(e) The loss of the first or distal phalanx of the thumb, any
finger, or any toe is considered to be equal to the loss of fifty
percent (50%) of the thumb, finger, or toe. The compensation for
the loss is fifty percent (50%) of the amounts specified in
subsection (b).
(f) The loss of more than one (1) phalanx of the thumb, any
finger, or any toe is considered to be the loss of the entire thumb,
finger, or toe.
(g) The amount received for the loss of more than one (1) finger
may not exceed the amount received under this section for the loss
of a hand.
(h) The loss of more than one (1) digit or more than one (1)
phalange on more than one (1) digit of a hand is compensated on
the basis of the partial loss of use of a hand. The loss of, or the loss
of use of, four (4) digits on a hand is considered the loss of the
entire hand.
(i) The compensation for the amputation of an arm below the
elbow is equal to the compensation for the loss of an arm.
(j) The compensation for the amputation of an arm above the
elbow is fifteen (15) weeks, except that when the amputation of the
arm:
(1) is at the shoulder joint, preventing (or is so close to the
shoulder joint as to prevent) the use of an artificial arm; or
(2) results in the disarticulation of the arm at the shoulder
joint;
the compensation is sixty-five (65) weeks.
(k) The compensation for the amputation of a leg below the knee
is equal to the compensation for the loss of a leg.
(l) The compensation for the amputation of a leg above the knee
is twenty-five (25) weeks, except that when the amputation of the
leg:
(1) is at the hip joint, preventing (or is so close to the hip joint
as to prevent) the use of an artificial leg; or
(2) results in the disarticulation of a leg at the hip joint;
the compensation is seventy-five (75) weeks.
(m) For the permanent partial loss of use of a body part,
including sight of an eye or hearing of an ear, the compensation is
proportionate, based on the percentage the partial loss of use of the
body part bears to the total loss of use of the body part.
(n) When an employee has sustained a loss by amputation or a
partial loss by amputation of a body part listed in subsection (b)
before the injury for which the employee claims compensation
under this article, the previous loss or loss of use of the body part
is deducted from the compensation awarded under this article.
employee elects to waive the employee's right to recover
under the schedule set forth under section 10.5 of this
chapter.
(b) The additional compensation paid under section 10.3 of this
chapter and this section is sixty percent (60%) of the employee's
average weekly wages, determined under IC 22-3-6-1, paid weekly
for that percentage of five hundred (500) weeks that the partial loss
of use of the body bears to the use of the body as a whole, subject
to the minimum and maximum weekly payment amounts set forth
in section 10.3(c) and 10.3(d) of this chapter.
notice under this subsection, pay to the worker's compensation board
for the benefit of the fund an assessed amount that may not exceed two
and one-half percent (2.5%) of the total amount of all worker's
compensation paid to injured employees or their beneficiaries under
IC 22-3-2 through IC 22-3-6 for the calendar year next preceding the
due date of such payment. For the purposes of calculating the
assessment under this subsection, the board may consider payments for
temporary total disability, temporary partial disability, permanent total
impairment, permanent partial impairment, or death of an employee.
The board may not consider payments for medical benefits in
calculating an assessment under this subsection. If the amount to the
credit of the second injury fund on or before October 1 of any year
exceeds one million dollars ($1,000,000), the assessment allowed
under this subsection shall not be assessed or collected during the
ensuing year. But when on or before 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 not more than two and one-half percent (2.5%) of the
total amount of all worker's compensation paid to injured employees or
their beneficiaries under IC 22-3-2 through IC 22-3-6 for the calendar
year next preceding that date shall be resumed and paid into the fund.
The board may not use an assessment rate greater than twenty-five
hundredths of one percent (0.25%) above the amount recommended by
the study performed before the assessment.
(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 insurance producer 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 shall be paid by the board to the treasurer of state, to
be deposited in a special account known as the second injury fund. The
funds are not a part of the general fund of the state. Any balance
remaining in the account at the end of any fiscal year shall not revert
to the 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
fund pursuant to 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 IC 22-3-2
through IC 22-3-6 either:
(1) exhausts the maximum benefits under section 22 of this
chapter without having received the full amount of award granted
to the employee under section 10 of this chapter; or
(2) exhausts the employee's benefits under section 10 of this
chapter;
then such employee may apply to the board, who may award the
employee compensation from the second injury fund established by this
section, as follows under subsection (h).
(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 injury,
not to exceed the maximum then applicable under section 22 of this
chapter, for a period of not to exceed one hundred fifty (150) weeks
upon competent evidence sufficient to establish:
(1) that the employee is totally and permanently disabled from
causes and conditions 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 board for
successive periods not to exceed one hundred fifty (150) weeks each.
The provisions of this section apply only to injuries occurring
subsequent to April 1, 1950, for which awards have been or are in the
future made by the board under section 10 of this chapter. Section 16
of this chapter does not apply to compensation awarded from the
second injury fund under this section.
(j) All insurance carriers subject to an assessment under this section
are required to provide to the board:
(1) not later than January 31 each calendar year; and
(2) not later than thirty (30) days after a change occurs;
the name, address, and electronic mail address of a representative
authorized to receive the notice of an assessment.
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. (a) On and after July 1,
1976, and before July 1, 2004, 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%) of the deceased's average weekly wage,
as defined by IC 22-3-3-22, section 22 of this chapter, 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.
(b) After June 30, 2004, when death results from an injury
compensated under this chapter, persons who were wholly or
partially dependent on the deceased employee as determined by
sections 18, 19, and 20 of this chapter shall receive the same
compensation as set forth in section 8 of this chapter for an
employee who sustains an injury resulting in a total permanent
disability for work.
(c) A spouse who is entitled to compensation under this chapter
receives compensation as set forth in subsection (b) for life or until
remarriage. If a spouse remarries and there are no children
entitled to receive a benefit under this chapter, the spouse is
entitled to a final lump sum payment equal to two (2) years of
compensation as set forth in subsection (b).
(d) An unmarried child who:
(1) is entitled to compensation under this chapter; and
(2) was less than eighteen (18) years of age at the time of the
employee's death;
is entitled to receive at least six (6) years of compensation as set
forth in subsection (b).
(e) A dependent entitled to compensation under this section is
entitled to the supplemental compensation determined and paid
under section 8(e) of this chapter.
the time of the death of such the parent.
(4) (3) An unmarried child under less than twenty-one (21) years
of age upon the parent:
(A) with whom the child may not be living at the time of the
death of such the parent; but
(B) upon whom, at such the time of the parent's death, the
laws of the state impose imposed the obligation to support
such the child.
(5) (4) A child over the age of at least twenty-one (21) years of
age who:
(A) has never been married; and who
(B) is either physically or mentally incapacitated from earning
the child's own support;
upon a parent upon whom, at the time of the parent's death, the
laws of the state impose imposed the obligation of the to support
of such the unmarried child.
(6) (5) A child over the age of at least twenty-one (21) years of
age who:
(A) has never been married; and who
(B) at the time of the death of the parent is keeping house for
and living with such the parent; and is
(C) is not otherwise gainfully employed.
(b) As used in this section, the term "child" includes stepchildren,
legally adopted children, posthumous children, and acknowledged
children born out of wedlock. The term "parent" includes stepparents
and parents by adoption.
(c) The dependency of a child under subsections (a)(3) and (a)(4)
(a)(2) and (a)(3) shall terminate when the child attains the age of
twenty-one (21).
(d) The dependency of any person as a presumptive dependent shall
terminate upon the marriage of such the dependent subsequent to the
death of the employee, and such the dependency shall not be reinstated
by divorce. However, for deaths from injuries occurring on and after
July 1, 1977, a surviving spouse who is a presumptive dependent and
who is the only surviving dependent of the deceased employee is
entitled to receive, upon remarriage before the expiration of the
maximum statutory compensation period, a lump sum settlement equal
to the smaller of one hundred four (104) weeks of compensation or the
compensation for the remainder of the maximum statutory
compensation period.
(e) The dependency of any child under subsection (a)(6) (a)(5) shall
be terminated at such time as such when the dependent becomes
gainfully employed or marries.
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. (a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
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.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
(p) 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.
(q) 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.
(r) 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.
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2004]: Sec. 16. (a) As used in this section, "board" refers to the
worker's compensation board established by IC 22-3-1-1.
(b) As used in this section, "compensation payments" include
payments made by an employer for:
(1) temporary total disability under IC 22-3-3-8 or
IC 22-3-7-16(f);
(2) temporary partial disability under IC 22-3-3-9 or
IC 22-3-7-16(k);
(3) permanent partial disability under IC 22-3-3-10 or
IC 22-3-7-16.3;
(4) permanent total disability under IC 22-3-3-8 or
IC 22-3-7-16(f); or
(5) compensation to dependents under IC 22-3-3-17 or
IC 22-3-7-11.
The term does not include payments for medical treatment under
IC 22-3-3-4 or IC 22-3-7-17.
(c) Not later than October 1, 2004, and October 1 of each year
thereafter:
(1) each employer that is required under IC 22-3-5-1 or
IC 22-3-7-34 to insure or keep insured for employer liability
under IC 22-3-2 through IC 22-3-7; and
(2) each employer carrying the employer's own risk under
IC 22-3-5-1 or IC 22-3-7-34;
shall pay to the board for the benefit of the rate adjustment fund
established by section 15 of this chapter an amount equal to
seventy-five hundredths percent (0.75%) of all compensation
payments paid by the employer during the preceding calendar
year.
(d) The board shall deposit the amounts collected under
subsection (c) in the rate adjustment fund established by section 15
of this chapter.
IC 22-3-7; and
(2) each employer carrying the employer's own risk under
section 1 of this chapter or IC 22-3-7-34;
of the amount of the assessment as determined under subsection
(b).
(d) Not later than thirty (30) days after receiving notice from the
board, every insurer described in subsection (c)(1) and every
employer described in subsection (c)(2) shall pay the assessment
to the board for the benefit of the worker's compensation
administrative fund created by section 6 of this chapter.
(e) An assessment collected under subsection (d) on an employer
that is not self-insured must be assessed through a surcharge based
on the employer's premium. The surcharge collected under
subsection (d) does not constitute an element of loss, but for the
purpose of collection shall be treated as a separate cost imposed on
insured employers. The premium surcharge under this section
shall 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 section 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
under the statutes applicable to the nonpayment of premiums.
(f) The board shall deposit the amounts collected under
subsection (d) in the worker's compensation administrative fund
established by section 6 of this chapter.
employer's insurer so far as applicable. However, the inclusion of an
employer's insurer within this definition does not allow an employer's
insurer to avoid payment for services rendered to an employee with the
approval of the employer. The term also includes an employer that
provides on-the-job training under the federal School to Work
Opportunities Act (20 U.S.C. 6101 et seq.) to the extent set forth in
IC 22-3-2-2.5.
(b) "Employee" means every person, including a minor, in the
service of another, under any contract of hire or apprenticeship, written
or implied, except one whose employment is both casual and not in the
usual course of the trade, business, occupation, or profession of the
employer.
(1) An executive officer elected or appointed and empowered in
accordance with the charter and bylaws of a corporation, other
than a municipal corporation or governmental subdivision or a
charitable, religious, educational, or other nonprofit corporation,
is an employee of the corporation under IC 22-3-2 through
IC 22-3-6.
(2) An executive officer of a municipal corporation or other
governmental subdivision or of a charitable, religious,
educational, or other nonprofit corporation may, notwithstanding
any other provision of IC 22-3-2 through IC 22-3-6, be brought
within the coverage of its insurance contract by the corporation by
specifically including the executive officer in the contract of
insurance. The election to bring the executive officer within the
coverage shall continue for the period the contract of insurance is
in effect, and during this period, the executive officers thus
brought within the coverage of the insurance contract are
employees of the corporation under IC 22-3-2 through IC 22-3-6.
(3) Any reference to an employee who has been injured, when the
employee is dead, also includes the employee's legal
representatives, dependents, and other persons to whom
compensation may be payable.
(4) An owner of a sole proprietorship may elect to include the
owner as an employee under IC 22-3-2 through IC 22-3-6 if the
owner is actually engaged in the proprietorship business. If the
owner makes this election, the owner must serve upon the owner's
insurance carrier and upon the board written notice of the
election. No owner of a sole proprietorship may be considered an
employee under IC 22-3-2 through IC 22-3-6 until the notice has
been received. If the owner of a sole proprietorship is an
independent contractor in the construction trades and does not
make the election provided under this subdivision, the owner
must obtain an affidavit of exemption under IC 22-3-2-14.5.
(5) A partner in a partnership may elect to include the partner as
an employee under IC 22-3-2 through IC 22-3-6 if the partner is
actually engaged in the partnership business. If a partner makes
this election, the partner must serve upon the partner's insurance
carrier and upon the board written notice of the election. No
partner may be considered an employee under IC 22-3-2 through
IC 22-3-6 until the notice has been received. If a partner in a
partnership is an independent contractor in the construction trades
and does not make the election provided under this subdivision,
the partner must obtain an affidavit of exemption under
IC 22-3-2-14.5.
(6) Real estate professionals are not employees under IC 22-3-2
through IC 22-3-6 if:
(A) they are licensed real estate agents;
(B) substantially all their remuneration is directly related to
sales volume and not the number of hours worked; and
(C) they have written agreements with real estate brokers
stating that they are not to be treated as employees for tax
purposes.
(7) A person is an independent contractor in the construction
trades and not an employee under IC 22-3-2 through IC 22-3-6 if
the person is an independent contractor under the guidelines of
the United States Internal Revenue Service.
(8) An owner-operator that provides a motor vehicle and the
services of a driver under a written contract that is subject to
IC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 1057, to a motor
carrier is not an employee of the motor carrier for purposes of
IC 22-3-2 through IC 22-3-6. The owner-operator may elect to be
covered and have the owner-operator's drivers covered under a
worker's compensation insurance policy or authorized
self-insurance that insures the motor carrier if the owner-operator
pays the premiums as requested by the motor carrier. An election
by an owner-operator under this subdivision does not terminate
the independent contractor status of the owner-operator for any
purpose other than the purpose of this subdivision.
(9) A member or manager in a limited liability company may elect
to include the member or manager as an employee under
IC 22-3-2 through IC 22-3-6 if the member or manager is actually
engaged in the limited liability company business. If a member or
manager makes this election, the member or manager must serve
upon the member's or manager's insurance carrier and upon the
board written notice of the election. A member or manager may
not be considered an employee under IC 22-3-2 through IC 22-3-6
until the notice has been received.
(10) An unpaid participant under the federal School to Work
Opportunities Act (20 U.S.C. 6101 et seq.) is an employee to the
extent set forth in IC 22-3-2-2.5.
(c) "Minor" means an individual who has not reached seventeen
(17) years of age.
(1) Unless otherwise provided in this subsection, a minor
employee shall be considered as being of full age for all purposes
of IC 22-3-2 through IC 22-3-6.
(2) If the employee is a minor who, at the time of the accident, is
employed, required, suffered, or permitted to work in violation of
IC 20-8.1-4-25, the amount of compensation and death benefits,
as provided in IC 22-3-2 through IC 22-3-6, shall be double the
amount which would otherwise be recoverable. The insurance
carrier shall be liable on its policy for one-half (1/2) of the
compensation or benefits that may be payable on account of the
injury or death of the minor, and the employer shall be liable for
the other one-half (1/2) of the compensation or benefits. If the
employee is a minor who is not less than sixteen (16) years of age
and who has not reached seventeen (17) years of age and who at
the time of the accident is employed, suffered, or permitted to
work at any occupation which is not prohibited by law, this
subdivision does not apply.
(3) A minor employee who, at the time of the accident, is a
student performing services for an employer as part of an
approved program under IC 20-10.1-6-7 shall be considered a
full-time employee for the purpose of computing compensation
for permanent impairment under IC 22-3-3-10. The average
weekly wages for such a student shall be calculated as provided
in subsection (d)(4).
(4) The rights and remedies granted in this subsection to a minor
under IC 22-3-2 through IC 22-3-6 on account of personal injury
or death by accident shall exclude all rights and remedies of the
minor, the minor's parents, or the minor's personal
representatives, dependents, or next of kin at common law,
statutory or otherwise, on account of the injury or death. This
subsection does not apply to minors who have reached seventeen
(17) years of age.
(d) "Average weekly wages" means the earnings of the injured
employee in the employment in which the employee was working at the
time of the injury during the period of fifty-two (52) weeks
immediately preceding the date of injury, divided by fifty-two (52),
except as follows:
(1) If the injured employee lost seven (7) or more calendar days
during this 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.
(2) Where the employment prior to the injury 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 employee's employer
or of the casual nature or terms of the employment it is
impracticable to compute the average weekly wages, as defined
in this subsection, regard shall be had to the average weekly
amount which during the fifty-two (52) weeks previous to the
injury 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 the same
class of employment in the same district.
(3) Wherever allowances of any character made to an employee
in lieu of wages are a specified part of the wage contract, they
shall be deemed a part of his earnings.
(4) In computing the average weekly wages to be used in
calculating an award for permanent impairment under
IC 22-3-3-10 for a student employee in an approved training
program under IC 20-10.1-6-7, the following formula shall be
used. Calculate the product of:
(A) the student employee's hourly wage rate; multiplied by
(B) forty (40) hours.
The result obtained is the amount of the average weekly wages for
the student employee.
(e) "Injury" and "personal injury" mean only injury by accident
arising out of and in the course of the employment and do not include
a disease in any form except as it results from the injury.
(f) "Billing review service" refers to a person or an entity that
reviews a medical service provider's bills or statements for the purpose
of determining pecuniary liability. The term includes an employer's
worker's compensation insurance carrier if the insurance carrier
performs such a review.
(g) "Billing review standard" means the data used by a billing
review service to determine pecuniary liability.
(h) "Community" means a geographic service area based on zip
code districts defined by the United States Postal Service according to
the following groupings:
(1) The geographic service area served by zip codes with the first
three (3) digits 463 and 464.
(2) The geographic service area served by zip codes with the first
three (3) digits 465 and 466.
(3) The geographic service area served by zip codes with the first
three (3) digits 467 and 468.
(4) The geographic service area served by zip codes with the first
three (3) digits 469 and 479.
(5) The geographic service area served by zip codes with the first
three (3) digits 460, 461 (except 46107), and 473.
(6) The geographic service area served by the 46107 zip code and
zip codes with the first three (3) digits 462.
(7) The geographic service area served by zip codes with the first
three (3) digits 470, 471, 472, 474, and 478.
(8) The geographic service area served by zip codes with the first
three (3) digits 475, 476, and 477.
(i) "Medical service provider" refers to a person or an entity that
provides medical services, treatment, or supplies to an employee under
IC 22-3-2 through IC 22-3-6.
(j) "Pecuniary liability" means the responsibility of an employer or
the employer's insurance carrier for the payment of the charges for each
specific service or product for human medical treatment provided
under IC 22-3-2 through IC 22-3-6 in a defined community, equal to or
less than the charges made by medical service providers at the eightieth
percentile in the same community for like services or products.
(k) "State average weekly wage" means the average of the
earnings of the employees in all occupations subject to IC 22-3-3
through IC 22-3-6 of all employers subject to IC 22-3-3 through
IC 22-3-6 as determined and published by the worker's
compensation board on January 1 and July 1 of each year,
beginning July 1, 2004. The amount published is conclusive and
applicable as the basis for computing compensation rates until the
worker's compensation board's next determination and
publication.
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 11. On and after April
1, 1957, and prior to April 1, 1967, when death results from an
occupational disease within four hundred (400) weeks, there shall be
paid to total dependents of said deceased, as determined by the
provisions of IC 22-3-7-12, IC 22-3-7-13, IC 22-3-7-14, IC 22-3-7-15,
a weekly compensation amounting to sixty (60) per centum of the
deceased's average weekly wage until the compensation so paid when
added to any compensation paid to the deceased employee shall equal
four hundred (400) weeks, and to partial dependents as hereinafter
provided.
On and after April 1, 1967, and prior to April 1, 1969, when death
results from an occupational disease within four hundred fifty (450)
weeks, there shall be paid to total dependents of said deceased, as
determined by the provisions of IC 22-3-7-12, IC 22-3-7-13,
IC 22-3-7-14, IC 22-3-7-15, a weekly compensation amounting to sixty
(60) per centum of the deceased's average weekly wage, until the
compensation so paid when added to any compensation paid to the
deceased employee shall equal four hundred fifty (450) weeks, and to
partial dependents as hereinafter provided.
On and after April 1, 1969, and prior to July 1, 1974, when death
results from occupational disease within five hundred (500) weeks,
there shall be paid to total dependents of said deceased, as determined
by the provisions of IC 22-3-7-12, IC 22-3-7-13, IC 22-3-7-14,
IC 22-3-7-15, a weekly compensation amounting to sixty (60) per
centum of the deceased's average weekly wage, until the compensation
so paid when added to any compensation paid to the deceased
employee shall equal five hundred (500) weeks, and to partial
dependents as hereinafter provided.
On and after July 1, 1974, and before July 1, 1976, when death
results from occupational disease within five hundred (500) weeks,
there shall be paid to total dependents of said deceased as determined
by the provisions of IC 22-3-7-12, IC 22-3-7-13, IC 22-3-7-14,
IC 22-3-7-15, a weekly compensation amounting to sixty-six and
two-thirds (66 2/3) per centum of the deceased's average weekly wage,
up to one hundred thirty-five dollars ($135.00) average weekly wages,
until the compensation so paid when added to any compensation paid
to the deceased employee shall equal five hundred (500) weeks, and to
partial dependents as hereinafter provided.
(a) On and after July 1, 1976, and before July 1, 2004, when death
results from occupational disease within five hundred (500) weeks,
there shall be paid to total dependents of the deceased, as determined
by the provisions of IC 22-3-7-12 through IC 22-3-7-15, sections 12
through 15 of this chapter, a weekly compensation amounting to
sixty-six and two-thirds percent (66 2/3%) of the deceased's average
weekly wage, as defined in IC 22-3-7-19, section 19 of this chapter,
until the compensation paid, when added to compensation paid to the
deceased employee, equals five hundred (500) weeks, and to partial
dependents as provided in this chapter.
(b) After June 30, 2004, when death results from an
occupational disease compensated under this chapter, persons who
were wholly or partially dependent on the deceased employee as
determined by sections 12 through 15 of this chapter shall receive
the same compensation as set forth in section 16(f) of this chapter
for an employee who sustains a disablement from an occupational
disease resulting in total permanent disability.
(c) A spouse who is entitled to compensation under this chapter
receives compensation as set forth in subsection (b) for life or until
remarriage. If a spouse remarries and there are no children
entitled to receive a benefit under this chapter, the spouse is
entitled to a final lump sum payment equal to two (2) years of
compensation as set forth in subsection (b).
(d) An unmarried child who:
(1) is eligible to receive compensation under this chapter; and
(2) was less than eighteen (18) years of age at the time of the
employee's death;
is entitled to receive at least six (6) years of compensation as set
forth in subsection (b).
(e) A dependent entitled to compensation under this section is
entitled to the supplemental compensation determined and paid as
set forth in section 16(i) of this chapter.
1958, and, in addition, existed openly and notoriously for a period
of not less than five (5) years immediately preceding the
employee's death.
(2) A husband upon his wife with whom he is living at the time of
her death. The term "husband", as used in this subdivision, shall
exclude a common law husband unless such common law
relationship was entered into before January 1, 1958, and, in
addition, existed openly and notoriously for a period of not less
than five (5) years immediately preceding the death.
(3) (2) An unmarried child under the age of less than twenty-one
(21) years of age upon the parent with whom the child is living at
the time of the death of such the parent.
(4) (3) An unmarried child under less than twenty-one (21) years
of age upon the parent:
(A) with whom the child may not be living at the time of the
death of such the parent, but
(B) upon whom, at such the time of the parent's death, the
laws of the state impose imposed the obligation to support
such the child.
(5) (4) A child over the age of at least twenty-one (21) years of
age who:
(A) has never been married; and who
(B) is either physically or mentally incapacitated from earning
the child's own support;
upon a parent upon whom, at the time of the parent's death, the
laws of the state impose imposed the obligation of the support of
such the unmarried child.
(6) (5) A child over the age of at least twenty-one (21) years of
age who:
(A) has never been married; and who
(B) at the time of the death of the parent is keeping house for
and living with such the parent; and
(C) is not otherwise gainfully employed.
(b) As used in this section, the term "child" includes stepchildren,
legally adopted children, posthumous children, and acknowledged
children born out of wedlock. The term "parent" includes stepparents
and parents by adoption.
(c) The dependency of a child under subsections (a)(3) and (a)(4)
shall terminate when the child attains the age of twenty-one (21).
(d) The dependency of any person as a presumptive dependent shall
terminate upon the marriage of such the dependent subsequent to the
death of the employee, and such the dependency shall not be reinstated
by divorce. However, for deaths from injuries occurring on and after
July 1, 1977, a surviving spouse who is a presumptive dependent and
who is the only surviving dependent of the deceased is entitled to
receive, upon remarriage before the expiration of the maximum
statutory compensation period, a lump sum settlement equal to the
smaller of one hundred four (104) weeks of compensation or the
compensation for the remainder of the maximum statutory period.
(e) The dependency of any child under subsection (a)(6) (a)(5) shall
be terminated at such time as such when the dependent becomes
gainfully employed or marries.
carrier that sets forth the reasons that the determination could not be
made within thirty (30) days and states the facts or circumstances that
are necessary to determine liability within the additional thirty (30)
days. More than thirty (30) days of additional time may be approved by
the worker's compensation board upon the filing of a petition by the
employer or the employer's insurance carrier that sets forth:
(1) the extraordinary circumstances that have precluded a
determination of liability within the initial sixty (60) days;
(2) the status of the investigation on the date the petition is filed;
(3) the facts or circumstances that are necessary to make a
determination; and
(4) a timetable for the completion of the remaining investigation.
An employer who fails to comply with this section is subject to a civil
penalty 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.
(b) Once begun, temporary total disability benefits may not be
terminated by the employer unless:
(1) the employee has returned to work;
(2) the employee has died;
(3) the employee has refused to undergo a medical examination
under section 20 of this chapter;
(4) the employee has received five hundred (500) weeks of
temporary total disability benefits or has been paid the maximum
compensation allowable under section 19 of this chapter, for
disablements occurring before July 1, 2004; or
(5) the employee is unable or unavailable to work for reasons
unrelated to the compensable disease.
In all other cases the employer must notify the employee in writing of
the employer's intent to terminate the payment of temporary total
disability benefits, and of the availability of employment, if any, on a
form approved by the board. If the employee disagrees with the
proposed termination, the employee must give written notice of
disagreement to the board and the employer within seven (7) days after
receipt of the notice of intent to terminate benefits. If the board and
employer do not receive a notice of disagreement under this section,
the employee's temporary total disability benefits shall be terminated.
Upon receipt of the notice of disagreement, the board shall immediately
contact the parties, which may be by telephone or other means and
attempt to resolve the disagreement. If the board is unable to resolve
the disagreement within ten (10) days of receipt of the notice of
disagreement, the board shall immediately arrange for an evaluation of
the employee by an independent medical examiner. The independent
medical examiner shall be selected by mutual agreement of the parties
or, if the parties are unable to agree, appointed by the board under
IC 22-3-4-11. If the independent medical examiner determines that the
employee is no longer temporarily disabled or is still temporarily
disabled but can return to employment that the employer has made
available to the employee, or if the employee fails or refuses to appear
for examination by the independent medical examiner, temporary total
disability benefits may be terminated. If either party disagrees with the
opinion of the independent medical examiner, the party shall apply to
the board for a hearing under section 27 of this chapter.
(c) An employer is not required to continue the payment of
temporary total disability benefits for more than fourteen (14) days
after the employer's proposed termination date unless the independent
medical examiner determines that the employee is temporarily disabled
and unable to return to any employment that the employer has made
available to the employee.
(d) If it is determined that as a result of this section temporary total
disability benefits were overpaid, the overpayment shall be deducted
from any benefits due the employee under this section and, if there are
no benefits due the employee or the benefits due the employee do not
equal the amount of the overpayment, the employee shall be
responsible for paying any overpayment which cannot be deducted
from benefits due the employee.
(e) For disablements occurring on and after 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.
(e) For disablements occurring on and after July 1, 1976, and
before July 1, 2004, 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 after June 30, 2004, causing
temporary total disability or total permanent disability, there shall
be paid to the disabled employee during the total disability a
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, and subject to the minimum and
maximum payments described in subsections (g) and (h) for a
period described in section 19 of this chapter. Compensation is
allowed for the first three (3) calendar days only if the disability
continues for at least fourteen (14) calendar days.
(g) The minimum weekly payment for temporary total disability
or total permanent disability determined under subsection (f) is the
lesser of:
(1) the amount calculated in subsection (f); or
(2) the following amounts:
(A) One hundred dollars and ninety cents ($100.90) per
week for a single employee.
(B) One hundred five dollars and fifty cents ($105.50) per
week for a married employee without children.
(C) One hundred eight dollars and thirty cents ($108.30)
per week for an employee with one (1) child.
(D) One hundred thirteen dollars and forty cents ($113.40)
per week for an employee with two (2) children.
(E) One hundred seventeen dollars and forty cents
($117.40) per week for an employee with three (3) children.
(F) One hundred twenty-four dollars and thirty cents
($124.30) per week for an employee with more than three
(3) children.
(h) The maximum weekly payment for temporary total
disability or total permanent disability determined under
subsection (f) is one hundred thirty-three and one-third percent
(133 1/3%) of the state average weekly wage as defined in section
19 of this chapter.
(i) A disabled employee receiving compensation for total
permanent disability determined under subsection (f) is entitled to
an annual adjustment to the weekly compensation rate paid as
supplemental compensation from the rate adjustment fund
established by IC 22-3-4-15 and determined as follows:
(1) The adjustment to the weekly compensation rate begins on
July 1 of the second year after the award or settlement and is
made on July 1 each year thereafter.
(2) The adjustment to the weekly compensation rate is
payable for a year, if, in the period between:
(A) the date of:
(i) the entry of the award or settlement; or
(ii) the last annual adjustment to the weekly
compensation rate; and
(B) July 1 of that year;
there has been an increase in the state average weekly wage
as defined by section 19 of this chapter. The weekly
compensation rate shall be increased by the same percentage
as the percentage of increase in the state average weekly wage
for the period.
(3) The weekly compensation after an adjustment under this
subsection may not exceed the maximum weekly
compensation determined under subsection (h).
(4) The amount of the adjustment determined under this
subsection is payable in the same manner as the weekly
payment for total permanent disability.
(5) If, in the period described in subdivision (2), the state
average weekly wage has not increased or has decreased, the
weekly compensation rate does not change.
(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.
(j) For disablements occurring on and after July 1, 1974, and before
July 1, 2004, from occupational disease resulting in temporary partial
disability for work there shall be paid to the disabled employee during
such the 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 the employee is actually employed after the
disablement, for a period not to exceed three hundred (300) weeks.
Compensation shall be allowed for the first seven (7) calendar days
only if the disability continues for longer than twenty-one (21) days. In
case of partial disability after the period of temporary total disability,
the latter period shall be included as a part of the maximum period
allowed for partial disability.
(k) For disablements occurring after June 30, 2004, from
occupational disease resulting in temporary partial disability for
work, the weekly compensation paid to the disabled employee
during the disability is equal to sixty-six and two-thirds percent
(66 2/3%) of the difference between the employee's average weekly
wages as defined in section 19 of this chapter and the weekly wages
at which the employee is actually employed after the disablement,
for the period of the disability. Compensation is allowed for the
first three (3) calendar days only if the disability continues for at
least fourteen (14) calendar days.
(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.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment from
eleven (11) to thirty-five (35), one thousand dollars ($1,000) per
degree; for each degree of permanent impairment from thirty-six
(36) to fifty (50), one thousand four hundred dollars ($1,400) per
degree; for each degree of permanent impairment above fifty (50),
one thousand seven hundred dollars ($1,700) per degree.
(5) With respect to disablements occurring on and after July 1,
1998, and before July 1, 1999, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment from
eleven (11) to thirty-five (35), one thousand dollars ($1,000) per
degree; for each degree of permanent impairment from thirty-six
(36) to fifty (50), one thousand four hundred dollars ($1,400) per
degree; for each degree of permanent impairment above fifty (50),
one thousand seven hundred dollars ($1,700) per degree.
(6) With respect to disablements occurring on and after July 1,
1999, and before July 1, 2000, for each degree of permanent
impairment from one (1) to ten (10), nine hundred dollars ($900)
per degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), one thousand one hundred dollars
($1,100) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand six hundred dollars
($1,600) per degree; for each degree of permanent impairment
above fifty (50), two thousand dollars ($2,000) per degree.
(7) With respect to disablements occurring on and after July 1,
2000, and before July 1, 2001, for each degree of permanent
impairment from one (1) to ten (10), one thousand one hundred
dollars ($1,100) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand
three hundred dollars ($1,300) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand dollars ($2,000) per degree; for each degree of
permanent impairment above fifty (50), two thousand five
hundred fifty dollars ($2,500) per degree.
(8) With respect to disablements occurring on and after July 1,
2001, and before July 1, 2004, for each degree of permanent
impairment from one (1) to ten (10), one thousand three hundred
dollars ($1,300) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand five
hundred dollars ($1,500) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand four hundred dollars ($2,400) per degree; for each
degree of permanent impairment above fifty (50), three thousand
dollars ($3,000) per degree.
(r) For disablements occurring after June 30, 2004,
compensation for permanent partial impairment is determined
under section 16.3 of this chapter.
(i) (s) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections (g)
(p) and (h) (q) 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 twenty-two dollars ($822).
(10) With respect to injuries occurring on or after July 1, 2002,
and before July 1, 2004, eight hundred eighty-two dollars
($882).
(j) (t) If any employee, only partially disabled, refuses employment
suitable to his the employee's capacity procured for him, he the
employee, the employee shall not be entitled to any compensation at
any time during the continuance of such the refusal unless, in the
opinion of the worker's compensation board, such the 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) (u) 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 the employee suffered a
subsequent disability from an occupational disease, such as herein
specified, the employee shall be entitled to compensation for the
subsequent disability in the same amount as if the previous impairment
or disability had not occurred. However, if the permanent impairment
or disability resulting from an occupational disease for which
compensation is claimed results only in the aggravation or increase of
a previously sustained permanent impairment from an occupational
disease or physical condition regardless of the source or cause of such
previously sustained impairment from an occupational disease or
physical condition, the board shall determine the extent of the
previously sustained permanent impairment from an occupational
disease or physical condition as well as the extent of the aggravation or
increase resulting from the subsequent permanent impairment or
disability, and shall award compensation only for that part of said the
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) (v) 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 the
employee shall not at the same time be entitled to compensation for
both, unless it be for a permanent injury, such as specified in
subsection (g)(1), (g)(4), (g)(5), (g)(8), or (g)(9); (p)(1), (p)(4), (p)(5),
(p)(8), or (p)(9), for disablements resulting from an occupational
disease occurring before July 1, 2004; 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. For disablements resulting from an
occupational disease occurring after June, 30, 2004, permanent
partial disability is paid as set forth in section 16.5 or 16.7 of this
chapter.
(m) (w) If an employee receives a permanent disability from
occupational disease such as specified in subsection (g)(1), (g)(4),
(g)(5), (g)(8), or (g)(9) (p)(1), (p)(4), (p)(5), (p)(8), or (p)(9), for
disablements resulting from an occupational disease occurring
before July 1, 2004, 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. For
disablements resulting from an occupational disease occurring
after June 30, 2004, permanent total disability is paid as set forth
in subsection (f).
(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. (x) 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 before July 1, 2004, 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.
(y) For disablements resulting from occupational disease
occurring after June 30, 2004, the total compensation paid under
section 11 of this chapter is limited to the greater of:
(1) twenty (20) years of weekly benefits; or
(2) two hundred fifty thousand dollars ($250,000).
(z) The total compensation paid under subsection (y) is reduced
by the amount of the compensation paid to the employee before the
employee's death.
(o) (aa) 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) (bb) 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) (cc) 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.
(dd) 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) (ee) 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) (ff) 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.
section 16.3 of this chapter.
(b) The following amounts apply either to the loss of or to the
permanent and complete loss of use of the following parts of the
body:
(1) Thumb: Seventy (70) weeks.
(2) First, or index, finger: Forty (40) weeks.
(3) Second, or middle, finger: Thirty-five (35) weeks.
(4) Third, or ring, finger: Twenty-five (25) weeks.
(5) Fourth, or little, finger: Twenty (20) weeks.
(6) Great toe: Thirty-five (35) weeks.
(7) Each toe other than the great toe: Twelve (12) weeks.
(8) Hand: One hundred ninety (190) weeks.
(9) Arm: Two hundred thirty-five (235) weeks.
(10) Foot: One hundred fifty-five (155) weeks.
(11) Leg: Two hundred (200) weeks.
(12) Loss of one (1) eye, loss of sight: One hundred fifty (150)
weeks.
(13) Loss of one (1) eye, removal: One hundred sixty (160)
weeks.
(14) Loss of hearing in one ear: Fifty (50) weeks.
(15) Loss of hearing in both ears: Two hundred (200) weeks.
(16) One testicle: Fifty (50) weeks.
(17) Both testicles: One hundred fifty (150) weeks.
(c) The compensation of at least the listed amounts applies to the
following fractures that result in permanent disability:
(1) A skull fracture: Six (6) weeks.
(2) A vertebral fracture: Six (6) weeks.
(3) A fracture of any of the following facial bones: Two (2)
weeks for each bone:
(A) Nasal.
(B) Lachrymal.
(C) Vomer.
(D) Zygoma.
(E) Maxilla.
(F) Palatine.
(G) Mandible.
(4) A fracture of a transverse process: Three (3) weeks.
(d) The amount of compensation allowed when a disablement
results in the loss of a kidney, spleen, or lung: At least ten (10)
weeks per organ.
(e) The loss of the first or distal phalanx of the thumb, any
finger, or any toe is considered to be equal to the loss of fifty
percent (50%) of the thumb, finger, or toe. The compensation for
the loss is fifty percent (50%) of the amounts specified in
subsection (b).
(f) The loss of more than one (1) phalanx of the thumb, any
finger, or any toe is considered to be the loss of the entire thumb,
finger, or toe.
(g) The amount received for the loss of more than one (1) finger
may not exceed the amount received under this section for the loss
of a hand.
(h) The loss of more than one (1) digit or more than one (1)
phalange on more than one (1) digit of a hand is compensated on
the basis of the partial loss of use of a hand. The loss of, or the loss
of use of, four (4) digits on a hand is considered the loss of the
entire hand.
(i) The compensation for the amputation of an arm below the
elbow is equal to the compensation for the loss of an arm.
(j) The compensation for the amputation of an arm above the
elbow is fifteen (15) weeks, except that when the amputation of the
arm:
(1) is at the shoulder joint, preventing (or is so close to the
shoulder joint as to prevent) the use of an artificial arm; or
(2) results in the disarticulation of the arm at the shoulder
joint;
the compensation is sixty-five (65) weeks.
(k) The compensation for the amputation of a leg below the knee
is equal to the compensation for the loss of a leg.
(l) The compensation for the amputation of a leg above the knee
is twenty-five (25) weeks, except that when the amputation of the
leg:
(1) is at the hip joint, preventing (or is so close to the hip joint
as to prevent) the use of an artificial leg; or
(2) results in the disarticulation of a leg at the hip joint;
the compensation is seventy-five (75) weeks.
(m) For the permanent partial loss of use of a body part,
including sight of an eye or hearing of an ear, the compensation is
proportionate, based on the percentage the partial loss of use of the
body part bears to the total loss of use of the body part.
(n) When an employee has sustained a loss by amputation or a
partial loss by amputation of a body part listed in subsection (b)
before the disablement for which the employee claims
compensation under this article, the previous loss or loss of use of
the body part is deducted from the compensation awarded under
this article.
(o) The following constitute total and permanent disability
under this chapter:
(1) Loss of both hands.
(2) Loss of both arms.
(3) Loss of both feet.
(4) Loss of both legs.
(5) Loss of both eyes.
(6) Loss of:
(A) one (1) body part referred to in subdivisions (1)
through (5); and
(B) another body part referred to in subdivisions (1)
through (5) of a type different from the body part referred
to clause (A).
This list does not exclude other cases that may establish that an
employee has a total and permanent disability.
(p) For serious and permanent disfigurement to the hand, head,
face, neck, arm, leg below the knee, or the chest above the axillary
line, the employee is entitled to compensation for disfigurement in
an amount of not more than one hundred fifty (150) weeks of
compensation determined under section 16.3 of this chapter.
furnished by and on behalf of the employer as the board may deem
necessary to limit or reduce the amount and extent of such impairment.
The refusal of the employee to accept such services and supplies when
so provided by or on behalf of the employer, shall bar the employee
from all compensation otherwise payable during the period of such
refusal and his the employee's right to prosecute any proceeding under
this chapter shall be suspended and abated until such refusal ceases.
The employee must be served with a notice setting forth the
consequences of the refusal under this section. The notice must be in
a form prescribed by the worker's compensation board. No
compensation for permanent total impairment, permanent partial
impairment, permanent disfigurement, or death shall be paid or payable
for that part or portion of such impairment, disfigurement, or death
which is the result of the failure of such employee to accept such
treatment, services, and supplies, provided that an employer may at any
time permit an employee to have treatment for his the employee's
disease or injury by spiritual means or prayer in lieu of such physician,
services, and supplies.
(c) After the employee's medical treatment with an attending
physician described in subsection (a) begins, neither the employer
nor the employer's insurance carrier has the right to transfer or
otherwise redirect an employee's medical treatment to another
physician unless:
(1) the employee makes the transfer request;
(2) the attending physician requests that the physician's
treatment of the employee be discontinued; or
(3) the worker's compensation board determines that there is
good cause for the transfer.
(d) If the employer or the employer's insurance carrier desires
to transfer or redirect the employee's medical treatment under
subsection (c)(3) for good cause, the employer or the employer's
insurance carrier shall file a transfer request with the worker's
compensation board on forms prescribed by the board. A transfer
may not occur until the worker's compensation board issues an
order granting the transfer request.
(e) Regardless of when it occurs, where a compensable occupational
disease results in the amputation of a body part, the enucleation of an
eye, or the loss of natural teeth, the employer shall furnish an
appropriate artificial member, braces, and prosthodontics. The cost of
repairs to or replacements for the artificial members, braces, or
prosthodontics that result from a compensable occupational disease
pursuant to a prior award and are required due to either medical
necessity or normal wear and tear, determined according to the
employee's individual use, but not abuse, of the artificial member,
braces, or prosthodontics, shall be paid from the second injury fund
upon order or award of the worker's compensation board. The
employee is not required to meet any other requirement for admission
to the second injury fund.
(d) (f) If an emergency or because of the employer's failure to
provide such attending physician or such surgical, hospital, or nurse's
services and supplies or such treatment by spiritual means or prayer as
specified in this section, or for other good reason, a physician other
than that provided by the employer treats the diseased employee within
the period of disability, or necessary and proper surgical, hospital, or
nurse's services and supplies are procured within 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.
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) (e) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to occupational diseases occurring on and after July 1, 1990, and before
July 1, 1991, the average weekly wages are considered to be:
(1) not more than four hundred forty-one dollars ($441); and
(2) not less than seventy-five dollars ($75).
(g) (f) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to occupational diseases occurring on and after July 1, 1991, and before
July 1, 1992, the average weekly wages are considered to be:
(1) not more than four hundred ninety-two dollars ($492); and
(2) not less than seventy-five dollars ($75).
(h) (g) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to occupational diseases occurring on and after July 1, 1992, and before
July 1, 1993, the average weekly wages are considered to be:
(1) not more than five hundred forty dollars ($540); and
(2) not less than seventy-five dollars ($75).
(i) (h) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to occupational diseases occurring on and after July 1, 1993, and before
July 1, 1994, the average weekly wages are considered to be:
(1) not more than five hundred ninety-one dollars ($591); and
(2) not less than seventy-five dollars ($75).
(j) (i) In computing compensation for temporary total disability,
temporary partial disability and total permanent disability, with respect
to occupational diseases occurring on and after July 1, 1994, and before
July 1, 1997, the average weekly wages are considered to be:
(1) not more than six hundred forty-two dollars ($642); and
(2) not less than seventy-five dollars ($75).
(k) (j) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, the average
weekly wages are considered to be:
(1) with respect to occupational diseases occurring on and after
July 1, 1997, and before July 1, 1998:
(A) not more than six hundred seventy-two dollars ($672); and
(B) not less than seventy-five dollars ($75);
(2) with respect to occupational diseases occurring on and after
July 1, 1998, and before July 1, 1999:
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) (q) 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) (r) 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) (s) The maximum compensation that shall be paid for
occupational disease and the results of an occupational disease under
this chapter or under any combination of the provisions of this chapter
may not exceed the following amounts in any case:
(1) With respect to disability or death occurring on and after July
1, 1997, and before July 1, 1998, two hundred twenty-four
thousand dollars ($224,000).
(2) With respect to disability or death occurring on and after July
1, 1998, and before July 1, 1999, two hundred thirty-four
thousand dollars ($234,000).
(3) With respect to disability or death occurring on and after July
1, 1999, and before July 1, 2000, two hundred forty-four thousand
dollars ($244,000).
(4) With respect to disability or death occurring on and after July
1, 2000, and before July 1, 2001, two hundred fifty-four thousand
dollars ($254,000).
(5) With respect to disability or death occurring on and after July
1, 2001, and before July 1, 2002, two hundred seventy-four
thousand dollars ($274,000).
(6) With respect to disability or death occurring on and after July
1, 2002, and before July 1, 2004, two hundred ninety-four
thousand dollars ($294,000).
(t) For disability or death occurring after June 30, 2004, the
maximum compensation for occupational disease and the results
of an occupational disease under this chapter is the following:
(1) For temporary total disability and temporary partial
disability, the weekly compensation continues as long as the
disability lasts.
(2) For permanent partial disability, the weekly compensation
payable is determined under section 16.3 of this chapter.
(3) For permanent total disability, the weekly compensation
is payable for life.
(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) (u) For all disabilities occurring on and after July 1, 1985,
"average weekly wages" means the earnings of the injured employee
during the period of fifty-two (52) weeks immediately preceding the
disability divided by fifty-two (52). If the employee lost seven (7) or
more calendar days during the period, although not in the same week,
then the earnings for the remainder of the fifty-two (52) weeks shall be
divided by the number of weeks and parts of weeks remaining after the
time lost has been deducted. If employment before the date of disability
extended over a period of less than fifty-two (52) weeks, the method of
dividing the earnings during that period by the number of weeks and
parts of weeks during which the employee earned wages shall be
followed if results just and fair to both parties will be obtained. If by
reason of the shortness of the time during which the employee has been
in the employment of the employer or of the casual nature or terms of
the employment it is impracticable to compute the average weekly
wages for the employee, the employee's average weekly wages shall be
considered to be the average weekly amount that, during the fifty-two
(52) weeks before the date of disability, was being earned by a person
in the same grade employed at the same work by the same employer or,
if there is no person so employed, by a person in the same grade
employed in that same class of employment in the same district.
Whenever allowances of any character are made to an employee
instead of wages or a specified part of the wage contract, they shall be
considered a part of the employee's earnings.
(v) "State average weekly wage" means the average of the
earnings of the employees in all occupations subject to this chapter
of all employers subject to this chapter as determined and
published by the worker's compensation board on January 1 and
July 1, each year, beginning July 1, 2004. The amount published is
conclusive and applicable as the basis for computing compensation
rates until the worker's compensation board's next determination
and publication.
(w) This subsection applies to disablements occurring before
July 1, 2004. 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, and before July 1, 2004, the minimum total
benefit shall not be less than seventy-five thousand dollars ($75,000).