Citations Affected: IC 22-3; noncode.
Synopsis: Worker's compensation. Requires the worker's
compensation board (board) to amend its schedule of attorney's fees for
worker's compensation and occupational disease claims filed after
September 1, 2006. Provides that the burden of proof of the element of
a claim is on the employee, and that proof by the employee does not
create a presumption in favor of the employee with regard to another
element of the claim. Provides for increases in the: (1) average weekly
wage used to calculate worker's compensation and occupational disease
benefits; (2) schedule for awarding compensation for the degree of
permanent partial impairment determined buy the board; and (3)
maximum compensation that may be paid for personal injury by
accident or disablement or occupational disease. Deletes an exception
to and revises the statute of limitations for the making of a modified
award of worker's compensation and occupational disease benefits.
Provides that a member of the worker's compensation board may not
have other employment inconsistent with the discharge of the member's
duties. Requires a employer to notify an employee of the time
limitation for filing for worker's compensation for personal injury by
accident. Revises the computation for the assessment for the second
injury fund, and transfers the funds from the residual asbestos injury
fund to the second injury fund. Repeals language related to the second
injury fund. Establishes the interim study committee on worker's
compensation reimbursement issues. Makes technical corrections.
Effective: Upon passage; July 1, 2006.
January 10, 2006, read first time and referred to Committee on Employment and Labor.
January 19, 2006, amended, reported _ Do Pass.
January 23, 2006, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
of a vacancy in the membership of the said board, the governor shall
appoint for the unexpired term.
(e) The budget agency, with the approval of the governor, shall
approve the salaries of the members of the board and the secretary.
(f) The board may appoint a secretary and may remove such
secretary. The secretary shall have authority to administer oaths and
issue subpoenas in connection with the administration of IC 22-3-2
through IC 22-3-7.
(g) The board, subject to the approval of the governor, may employ
and fix the compensations of such clerical and other assistants as it may
deem necessary.
(h) The members of the board and its assistants shall be entitled to
receive from the state their actual and necessary expenses while
traveling on the business of the board, but such expenses shall be
approved by the chairman of the board before payment is made.
(i) All salaries and expenses of the board shall be audited and paid
out of the state treasury in the manner prescribed for similar expenses
in other departments or branches of the state service.
with a nonprofit corporation that is recognized as tax exempt
under Section 501(c)(3) of the Internal Revenue Code (as defined
in IC 6-3-1-11(a)) to perform youth coaching services on a
part-time basis.
(2) A nonprofit corporation that is recognized as tax exempt under
Section 501(c)(3) of the Internal Revenue Code (as defined in
IC 6-3-1-11(a)) to the extent the corporation enters into an
independent contractor agreement with a person for the
performance of youth coaching services on a part-time basis.
(e) When any municipal corporation purchases or procures worker's
compensation insurance covering members of the fire department or
police department who are also members of a firefighters' pension fund
or a police officers' pension fund, and pays the premium or premiums
for such insurance, the payment of such premiums is a legal and
allowable expenditure of funds of any municipal corporation.
(f) Except as provided in subsection (g), where the common council
has procured worker's compensation insurance under this section, any
member of such fire department or police department employed in the
city carrying such worker's compensation insurance under this section
is limited to recovery of medical and surgical care, medicines,
laboratory, curative and palliative agents and means, x-ray, diagnostic
and therapeutic services to the extent that such services are provided
for in the worker's compensation policy procured by such city, and shall
not also recover in addition to that policy for such same benefits
provided in IC 36-8-4.
(g) If the medical benefits provided under a worker's compensation
policy procured by the common council terminate for any reason before
the police officer or firefighter is fully recovered, the common council
shall provide medical benefits that are necessary until the police officer
or firefighter is no longer in need of medical care.
(h) The provisions of IC 22-3-2 through IC 22-3-6 apply to:
(1) members of the Indiana general assembly; and
(2) field examiners of the state board of accounts.
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 periods stated for the injuries.
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 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 set forth in subsection (d) 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 set forth in
subsection (d) 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 set forth in
subsection (d) 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.
dollars ($166) average weekly wages, for the period stated for the
injury.
(g) With respect to injuries in the following schedule set forth in
subsection (h) 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), (d)(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),
(d)(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, 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.
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, 2007, for each degree of permanent
impairment from one (1) to ten (10), one thousand three hundred
dollars ($1,300) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand five
hundred dollars ($1,500) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand four hundred dollars ($2,400) per degree; for each
degree of permanent impairment above fifty (50), three thousand
dollars ($3,000) per degree.
(9) With respect to injuries occurring on and after July 1,
2007, and before July 1, 2008, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred forty dollars ($1,340) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35),
one thousand five hundred forty-five dollars ($1,545) per
degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), two thousand four hundred
seventy-five dollars ($2,475) per degree; for each degree of
permanent impairment above fifty (50), three thousand one
hundred fifty dollars ($3,150) per degree.
(10) With respect to injuries occurring on and after July 1,
2008, and before July 1, 2009, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred sixty-five dollars ($1,365) per degree; for each
degree of permanent impairment from eleven (11) to
thirty-five (35), one thousand five hundred seventy dollars
($1,570) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), two thousand
five hundred twenty-five dollars ($2,525) per degree; for each
degree of permanent impairment above fifty (50), three
thousand two hundred dollars ($3,200) per degree.
(11) With respect to injuries occurring on and after July 1,
2009, and before July 1, 2010, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred eighty dollars ($1,380) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35),
one thousand five hundred eighty-five dollars ($1,585) per
degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), two thousand six hundred dollars
($2,600) per degree; for each degree of permanent
impairment above fifty (50), three thousand three hundred
dollars ($3,300) per degree.
(12) With respect to injuries occurring on and after July 1,
2010, for each degree of permanent impairment from one (1)
to ten (10), one thousand four hundred dollars ($1,400) per
degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), one thousand six hundred dollars
($1,600) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), two thousand
seven hundred dollars ($2,700) per degree; for each degree of
permanent impairment above fifty (50), three thousand five
hundred dollars ($3,500) per degree.
(e) (k) 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, 2006, eight hundred eighty-two dollars
($882).
(11) With respect to injuries occurring on or after July 1,
2006, and before July 1, 2007, nine hundred dollars ($900).
(12) With respect to injuries occurring on or after July 1,
2007, and before July 1, 2008, nine hundred thirty dollars
($930).
(11) With respect to injuries occurring on or after July 1,
2008, and before July 1, 2009, nine hundred fifty-four dollars
($954).
(12) With respect to injuries occurring on or after July 1,
2009, nine hundred seventy-five dollars ($975).
may conduct an assessment under this subsection not more than one (1)
time annually. Every insurance carrier and other entity insuring or
providing coverage to employers who are or may be liable under this
article to pay compensation for personal injuries to or death of their
employees under this article and every employer carrying the
employer's own risk, shall, within than thirty (30) days of the board
sending notice under this subsection, pay to the worker's compensation
board for the benefit of the fund an assessed amount that The total
amount of the assessment 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.
The board shall assess a penalty in the amount of ten percent
(10%) of the amount owed if payment is not made under this
section within thirty (30) days from the date set by the board. If the
amount to the credit of the second injury fund on or before October
November 1 of any year exceeds one million dollars ($1,000,000),
hundred thirty-five percent (135%) of the previous year's
disbursements, the assessment allowed under this subsection shall not
be assessed or collected during the ensuing year. But when on or before
October November 1 of any year the amount to the credit of the fund
is less than one million dollars ($1,000,000), hundred thirty-five
percent (135%) of the previous year's disbursements, 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 assess all employers for the liabilities,
including administrative expenses, of the second injury fund. The
following applies to assessments under this subsection:
(1) The portion of the total amount that must be collected
from self-insured employers equals:
(A) the total amount of the assessment as determined by
the board; multiplied by
(B) the quotient of:
(i) the total paid losses on behalf of all self-insured
employers during the preceding calendar year; divided
by
(ii) the total paid losses on behalf of all self-insured
employers and insured employers during the preceding
calendar year.
(2) The portion of the total amount that must be collected
from insured employers equals:
(A) the total amount of the assessment as determined by
the board; multiplied by
(B) the quotient of:
(i) the total paid losses on behalf of all insured employers
during the preceding calendar year; divided by
(ii) the total paid losses on behalf of all self-insured
employers and insured employers during the preceding
calendar year.
(3) The total amount of assessments allocated to insured
employers under subdivision (2) must be be collected by the
insured employers' worker's compensation insurers. The
amount of the assessment for each insured employer equals:
(A) the total amount of assessments allocated to insured
employers under subdivision (3); multiplied by
(B) the quotient of:
(i) the worker's compensation direct standard premiums
paid by the insured employer during the preceding
calendar year; divided by
(ii) the worker's compensation direct standard premiums
paid by all insured employers during the preceding
calendar year.
(5) The amount of the assessment for each self-insured
employer equals:
(A) the total amount of assessments allocated to
self-insured employers under subdivision (1); multiplied by
(B) the quotient of:
(i) the paid losses attributable to the self-insured
employer during the preceding calendar year; divided by
(ii) paid losses attributable to all self-insured employers
during the preceding calendar year.
An employer that has ceased to be a self-insurer continues to be
liable for assessments based on paid losses made by the employer
in the preceding calendar year.
dollars ($30). In computing the compensation under this law with
respect to injuries occurring on and after April 1, 1967, and prior to
April 1, 1969, the average weekly wages shall be considered to be not
more than eighty-five dollars ($85) and not less than thirty-five dollars
($35). In computing the compensation under this law with respect to
injuries occurring on and after April 1, 1969, and prior to July 1, 1971,
the average weekly wages shall be considered to be not more than
ninety-five dollars ($95) and not less than thirty-five dollars ($35). In
computing the compensation under this law with respect to injuries
occurring on and after July 1, 1971, and prior to July 1, 1974, the
average weekly wages shall be considered to be: (A) Not more than: (1)
one hundred dollars ($100) if no dependents; (2) one hundred five
dollars ($105) if one (1) dependent; (3) one hundred ten dollars ($110)
if two (2) dependents; (4) one hundred fifteen dollars ($115) if three
(3) dependents; (5) one hundred twenty dollars ($120) if four (4)
dependents; and (6) one hundred twenty-five dollars ($125) if five (5)
or more dependents; and (B) Not less than thirty-five dollars ($35). In
computing compensation for temporary total disability, temporary
partial disability, and total permanent disability under this law with
respect to injuries occurring on and after July 1, 1974, and before July
1, 1976, the average weekly wages shall be considered to be (A) not
more than one hundred thirty-five dollars ($135), and (B) not less than
seventy-five dollars ($75). However, the weekly compensation payable
shall in no case exceed the average weekly wages of the employee at
the time of the injury. In computing compensation for temporary total
disability, temporary partial disability and total permanent disability
under this law with respect to injuries occurring on and after July 1,
1976, and before July 1, 1977, the average weekly wages shall be
considered to be (1) not more than one hundred fifty-six dollars ($156)
and (2) not less than seventy-five dollars ($75). However, the weekly
compensation payable shall not exceed the average weekly wages of
the employee at the time of the injury. In computing compensation for
temporary total disability, temporary partial disability, and total
permanent disability, with respect to injuries occurring on and after
July 1, 1977, and before July 1, 1979, the average weekly wages are
considered to be (1) not more than one hundred eighty dollars ($180);
and (2) not less than seventy-five dollars ($75). However, the weekly
compensation payable may not exceed the average weekly wages of the
employee at the time of the injury. In computing compensation for
temporary total disability, temporary partial disability, and total
permanent disability, with respect to injuries occurring on and after
July 1, 1979, and before July 1, 1980, the average weekly wages are
considered to be (1) not more than one hundred ninety-five dollars
($195), and (2) not less than seventy-five dollars ($75). However, the
weekly compensation payable shall not exceed the average weekly
wages of the employee at the time of the injury. In computing
compensation for temporary total disability, temporary partial
disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1980, and before July 1, 1983, the
average weekly wages are considered to be (1) not more than two
hundred ten dollars ($210), and (2) not less than seventy-five dollars
($75). However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury. In
computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1983, and before July 1, 1984, the
average weekly wages are considered to be (1) not more than two
hundred thirty-four dollars ($234) and (2) not less than seventy-five
dollars ($75). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury. In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1984, and before July 1, 1985,
the average weekly wages are considered to be (1) not more than two
hundred forty-nine dollars ($249) and (2) not less than seventy-five
dollars ($75). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury. In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1985, and before July 1, 1986,
the average weekly wages are considered to be:
(1) not more than two hundred sixty-seven dollars ($267); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(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.
(g) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1992, and before July 1, 1993,
the average weekly wages are considered to be:
(1) not more than five hundred forty dollars ($540); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(h) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1993, and before July 1, 1994,
the average weekly wages are considered to be:
(1) not more than five hundred ninety-one dollars ($591); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(i) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1994, and before July 1, 1997,
the average weekly wages are considered to be:
(1) not more than six hundred forty-two dollars ($642); and
(2) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(b) (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 injuries occurring on and after July 1, 1997,
and before July 1, 1998:
(A) not more than six hundred seventy-two dollars ($672); and
(B) not less than seventy-five dollars ($75);
(2) with respect to injuries occurring on and after July 1, 1998,
and before July 1, 1999:
(A) not more than seven hundred two dollars ($702); and
(B) not less than seventy-five dollars ($75);
(3) with respect to injuries occurring on and after July 1, 1999,
and before July 1, 2000:
(A) not more than seven hundred thirty-two dollars ($732);
and
(B) not less than seventy-five dollars ($75);
(4) with respect to injuries occurring on and after July 1, 2000,
and before July 1, 2001:
(A) not more than seven hundred sixty-two dollars ($762); and
(B) not less than seventy-five dollars ($75);
(5) with respect to injuries occurring on and after July 1, 2001,
and before July 1, 2002:
(A) not more than eight hundred twenty-two dollars ($822);
and
(B) not less than seventy-five dollars ($75); and
(6) with respect to injuries occurring on and after July 1, 2002,
and before July 1, 2006:
(A) not more than eight hundred eighty-two dollars ($882);
and
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.
(k) 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.
(l) 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.
(m) 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.
(n) 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.
(o) 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.
(p) 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.
(q) 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.
(r) With respect to any injury occurring on and after July 1, 1993,
and before July 1, 1994, the maximum compensation, exclusive of
medical benefits, that may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed one
hundred ninety-seven thousand dollars ($197,000) in any case.
(s) With respect to any injury occurring on and after July 1, 1994,
and before July 1, 1997, the maximum compensation, exclusive of
medical benefits, which may be paid for an injury under any provisions
of this law or any combination of provisions may not exceed two
hundred fourteen thousand dollars ($214,000) in any case.
(e) (t) The maximum compensation, exclusive of medical benefits,
that may be paid for an injury under any provision of this law or any
combination of provisions may not exceed the following amounts in
any case:
(1) With respect to an injury occurring on and after July 1, 1997,
and before July 1, 1998, two hundred twenty-four thousand
dollars ($224,000).
(2) With respect to an injury occurring on and after July 1, 1998,
and before July 1, 1999, two hundred thirty-four thousand dollars
($234,000).
(3) With respect to an injury occurring on and after July 1, 1999,
and before July 1, 2000, two hundred forty-four thousand dollars
($244,000).
(4) With respect to an injury occurring on and after July 1, 2000,
and before July 1, 2001, two hundred fifty-four thousand dollars
($254,000).
(5) With respect to an injury occurring on and after July 1, 2001,
and before July 1, 2002, two hundred seventy-four thousand
dollars ($274,000).
(6) With respect to an injury occurring on and after July 1, 2002,
and before July 1, 2006, two hundred ninety-four thousand
dollars ($294,000).
(7) With respect to an injury occurring on and after July 1,
2006, and before July 1, 2007, three hundred thousand dollars
($300,000).
(8) With respect to an injury occurring on and after July 1,
2007, and before July 1, 2008, three hundred ten thousand
dollars ($310,000).
(9) With respect to an injury occurring on and after July 1,
2008, and before July 1, 2009, three hundred eighteen
thousand dollars ($318,000).
(10) With respect to an injury occurring on and after July 1,
2009, three hundred twenty-five thousand dollars ($325,000).
continuing and from time to time it may, upon its own motion or upon
the application of either party, on account of a change in conditions,
make such modification or change in the award ending, lessening,
continuing, or extending the payments previously awarded, either by
agreement or upon hearing, as it may deem just, subject to the
maximum and minimum provided for in IC 22-3-2 through IC 22-3-6.
(b) Upon making any such change, the board shall immediately send
to each of the parties a copy of the modified award. No such
modification shall affect the previous award as to any money paid
thereunder.
(c) The board shall not make any such modification upon its own
motion nor shall any application therefor be filed by either party after
the expiration of two (2) years from the last day for which
compensation was paid. under the original award made either by
agreement or upon hearing. except that applications for increased
permanent partial impairment are barred unless filed within one (1)
year from the last day for which compensation was paid. The board
may at any time correct any clerical error in any finding or award.
municipality; and
(2) a firefighters' pension fund or a police officers' pension fund.
However, if the common council elects to purchase and procure
worker's occupational disease insurance to insure said employees with
respect to medical benefits under this chapter, the medical provisions
apply to members of the fire department or police department of any
such municipal corporation who are also members of a firefighters'
pension fund or a police officers' pension fund.
(d) When any municipal corporation purchases or procures worker's
occupational disease insurance covering members of the fire
department or police department who are also members of a
firefighters' pension fund or a police officers' pension fund and pays the
premium or premiums for the insurance, the payment of the premiums
is a legal and allowable expenditure of funds of any municipal
corporation.
(e) Except as provided in subsection (f), where the common council
has procured worker's occupational disease insurance as provided
under this section, any member of the fire department or police
department employed in the city carrying the worker's occupational
disease insurance under this section is limited to recovery of medical
and surgical care, medicines, laboratory, curative and palliative agents
and means, x-ray, diagnostic and therapeutic services to the extent that
the services are provided for in the worker's occupational disease
policy so procured by the city, and may not also recover in addition to
that policy for the same benefits provided in IC 36-8-4.
(f) If the medical benefits provided under a worker's occupational
disease policy procured by the common council terminate for any
reason before the police officer or firefighter is fully recovered, the
common council shall provide medical benefits that are necessary until
the police officer or firefighter is no longer in need of medical care.
(g) Nothing in this section affects the rights and liabilities of
employees and employers had by them prior to April 1, 1963, under
this chapter.
the disability begins. Not later than fifteen (15) days from the date that
the first installment of compensation is due, the employer or the
employer's insurance carrier shall tender to the employee or to the
employee's dependents, with all compensation due, a properly prepared
compensation agreement in a form prescribed by the board. Whenever
an employer or the employer's insurance carrier denies or is not able to
determine liability to pay compensation or benefits, the employer or the
employer's insurance carrier shall notify the worker's compensation
board and the employee in writing on a form prescribed by the worker's
compensation board not later than thirty (30) days after the employer's
knowledge of the claimed disablement. If a determination of liability
cannot be made within thirty (30) days, the worker's compensation
board may approve an additional thirty (30) days upon a written request
of the employer or the employer's insurance carrier that sets forth the
reasons that the determination could not be made within thirty (30)
days and states the facts or circumstances that are necessary to
determine liability within the additional thirty (30) days. More than
thirty (30) days of additional time may be approved by the worker's
compensation board upon the filing of a petition by the employer or the
employer's insurance carrier that sets forth:
(1) the extraordinary circumstances that have precluded a
determination of liability within the initial sixty (60) days;
(2) the status of the investigation on the date the petition is filed;
(3) the facts or circumstances that are necessary to make a
determination; and
(4) a timetable for the completion of the remaining investigation.
An employer who fails to comply with this section is subject to a civil
penalty 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; 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, from
occupational disease resulting in temporary total disability for any work
there shall be paid to the disabled employee during the temporary total
disability weekly compensation equal to sixty-six and two-thirds
percent (66 2/3%) of the employee's average weekly wages, as defined
in section 19 of this chapter, for a period not to exceed five hundred
(500) weeks. Compensation shall be allowed for the first seven (7)
calendar days only if the disability continues for longer than twenty-one
(21) days.
(f) For disablements occurring on and after April 1, 1951, and prior
to July 1, 1971, from occupational disease resulting in temporary
partial disability for work there shall be paid to the disabled employee
during such disability a weekly compensation equal to sixty percent
(60%) of the difference between the employee's average weekly wages
and the weekly wages at which the employee is actually employed after
the disablement, for a period not to exceed three hundred (300) weeks.
Compensation shall be allowed for the first seven (7) calendar days
only if the disability continues for longer than twenty-eight (28) days.
In case of partial disability after the period of temporary total disability,
the later period shall be included as part of the maximum period
allowed for partial disability.
For disablements occurring on and after July 1, 1971, and prior to
July 1, 1974, from occupational disease resulting in temporary partial
disability for work there shall be paid to the disabled employee during
such disability a weekly compensation equal to sixty percent (60%) of
the difference between the employee's average weekly wages, as
defined in section 19 of this chapter, and the weekly wages at which the
employee is actually employed after the disablement, for a period not
to exceed three hundred (300) weeks. Compensation shall be allowed
for the first seven (7) calendar days only if the disability continues for
longer than twenty-eight (28) days. In case of partial disability after the
period of temporary total disability, the latter period shall be included
as a part of the maximum period allowed for partial disability.
(f) For disablements occurring on and after July 1, 1974, from
occupational disease resulting in temporary partial disability for work
there shall be paid to the disabled employee during such disability a
weekly compensation equal to sixty-six and two-thirds percent (66
2/3%) of the difference between the employee's average weekly wages,
as defined in section 19 of this chapter, and the weekly wages at which
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.
(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.
(g) For disabilities occurring on and after July 1, 1979, and before
July 1, 1988, from occupational disease in the following schedule set
forth in subsection (j), the employee shall receive in addition to
disability benefits, not exceeding fifty-two (52) weeks on account of
the occupational disease, a weekly compensation of sixty percent
(60%) of the employee's average weekly wages, not to exceed one
hundred twenty-five dollars ($125) average weekly wages, for the
period stated for the disabilities.
(h) For disabilities occurring on and after July 1, 1988, and before
July 1, 1989, from occupational disease in the following schedule set
forth in subsection (j), the employee shall receive in addition to
disability benefits, not exceeding seventy-eight (78) weeks on account
of the occupational disease, a weekly compensation of sixty percent
(60%) of the employee's average weekly wages, not to exceed one
hundred sixty-six dollars ($166) average weekly wages, for the period
stated for the disabilities.
(i) For disabilities occurring on and after July 1, 1989, and before
July 1, 1990, from occupational disease in the following schedule set
forth in subsection (j), the employee shall receive in addition to
disability benefits, not exceeding seventy-eight (78) weeks on account
of the occupational disease, a weekly compensation of sixty percent
(60%) of the employee's average weekly wages, not to exceed one
hundred eighty-three dollars ($183) average weekly wages, for the
period stated for the disabilities.
(j) For disabilities occurring on and after July 1, 1990, and before
July 1, 1991, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits, not exceeding
seventy-eight (78) weeks on account of the occupational disease, a
weekly compensation of sixty percent (60%) of the employee's average
weekly wages, not to exceed two hundred dollars ($200) average
weekly wages, for the period stated for the disabilities.
(1) Amputations: For the loss by separation, of the thumb, sixty
(60) weeks; of the index finger, forty (40) weeks; of the second
finger, thirty-five (35) weeks; of the third or ring finger, thirty
(30) weeks; of the fourth or little finger, twenty (20) weeks; of the
hand by separation below the elbow, two hundred (200) weeks; of
the arm above the elbow joint, two hundred fifty (250) weeks; of
the big toe, sixty (60) weeks; of the second toe, thirty (30) weeks;
of the third toe, twenty (20) weeks; of the fourth toe, fifteen (15)
weeks; of the fifth or little toe, ten (10) weeks; of the foot below
the knee joint, one hundred fifty (150) weeks; and of the leg
above the knee joint, two hundred (200) weeks. The loss of more
than one (1) phalange of a thumb or toe shall be considered as the
loss of the entire thumb or toe. The loss of more than two (2)
phalanges of a finger shall be considered as the loss of the entire
finger. The loss of not more than one (1) phalange of a thumb or
toe shall be considered as the loss of one-half (1/2) of the thumb
or toe and compensation shall be paid for one-half (1/2) of the
period for the loss of the entire thumb or toe. The loss of not more
than two (2) phalanges of a finger shall be considered as the loss
of one-half (1/2) the finger and compensation shall be paid for
one-half (1/2) of the period for the loss of the entire finger.
(2) Loss of Use: The total permanent loss of the use of an arm,
hand, thumb, finger, leg, foot, toe, or phalange shall be considered
as the equivalent of the loss by separation of the arm, hand,
thumb, finger, leg, foot, toe, or phalange and the compensation
shall be paid for the same period as for the loss thereof by
separation.
(3) Partial Loss of Use: For the permanent partial loss of the use
of an arm, hand, thumb, finger, leg, foot, toe, or phalange,
compensation shall be paid for the proportionate loss of the use of
such arm, hand, thumb, finger, leg, foot, toe, or phalange.
(4) For disablements for occupational disease resulting in total
permanent disability, five hundred (500) weeks.
(5) For the loss of both hands, or both feet, or the total sight of
both eyes, or any two (2) of such losses resulting from the same
disablement by occupational disease, five hundred (500) weeks.
(6) For the permanent and complete loss of vision by enucleation
of an eye or its reduction to one-tenth (1/10) of normal vision with
glasses, one hundred fifty (150) weeks, and for any other
permanent reduction of the sight of an eye, compensation shall be
paid for a period proportionate to the degree of such permanent
reduction without correction or glasses. However, when such
permanent reduction without correction or glasses would result in
one hundred percent (100%) loss of vision, but correction or
glasses would result in restoration of vision, then compensation
shall be paid for fifty percent (50%) of such total loss of vision
without glasses plus an additional amount equal to the
proportionate amount of such reduction with glasses, not to
exceed an additional fifty percent (50%).
(7) For the permanent and complete loss of hearing, two hundred
(200) weeks.
(8) In all other cases of permanent partial impairment,
compensation proportionate to the degree of such permanent
partial impairment, in the discretion of the worker's compensation
board, not exceeding five hundred (500) weeks.
(9) In all cases of permanent disfigurement, which may impair the
future usefulness or opportunities of the employee, compensation
in the discretion of the worker's compensation board, not
exceeding two hundred (200) weeks, except that no compensation
shall be payable under this paragraph where compensation shall
be payable under subdivisions (1) through (8). Where
compensation for temporary total disability has been paid, this
amount of compensation shall be deducted from any
compensation due for permanent disfigurement.
(k) With respect to disablements in the following schedule
occurring on and after July 1, 1991, the employee shall receive in
addition to temporary total disability benefits, not exceeding one
hundred twenty-five (125) weeks on account of the disablement,
compensation in an amount determined under the following schedule
to be paid weekly at a rate of sixty-six and two-thirds percent (66 2/3%)
of the employee's average weekly wages during the fifty-two (52)
weeks immediately preceding the week in which the disablement
occurred:
(1) Amputation: For the loss by separation of the thumb, twelve
(12) degrees of permanent impairment; of the index finger, eight
(8) degrees of permanent impairment; of the second finger, seven
(7) degrees of permanent impairment; of the third or ring finger,
six (6) degrees of permanent impairment; of the fourth or little
finger, four (4) degrees of permanent impairment; of the hand by
separation below the elbow joint, forty (40) degrees of permanent
impairment; of the arm above the elbow, fifty (50) degrees of
permanent impairment; of the big toe, twelve (12) degrees of
permanent impairment; of the second toe, six (6) degrees of
permanent impairment; of the third toe, four (4) degrees of
permanent impairment; of the fourth toe, three (3) degrees of
permanent impairment; of the fifth or little toe, two (2) degrees of
permanent impairment; of separation of the foot below the knee
joint, thirty-five (35) degrees of permanent impairment; and of the
leg above the knee joint, forty-five (45) degrees of permanent
impairment.
(2) Amputations occurring on or after July 1, 1997: For the loss
by separation of any of the body parts described in subdivision (1)
on or after July 1, 1997, the dollar values per degree applying on
the date of the injury as described in subsection (h) (l) shall be
multiplied by two (2). However, the doubling provision of this
subdivision does not apply to a loss of use that is not a loss by
separation.
(3) The loss of more than one (1) phalange of a thumb or toe shall
be considered as the loss of the entire thumb or toe. The loss of
more than two (2) phalanges of a finger shall be considered as the
loss of the entire finger. The loss of not more than one (1)
phalange of a thumb or toe shall be considered as the loss of
one-half (1/2) of the degrees of permanent impairment for the loss
of the entire thumb or toe. The loss of not more than one (1)
phalange of a finger shall be considered as the loss of one-third
(1/3) of the finger and compensation shall be paid for one-third
(1/3) of the degrees payable for the loss of the entire finger. The
loss of more than one (1) phalange of the finger but not more than
two (2) phalanges of the finger shall be considered as the loss of
one-half (1/2) of the finger and compensation shall be paid for
one-half (1/2) of the degrees payable for the loss of the entire
finger.
(4) For the loss by separation of both hands or both feet or the
total sight of both eyes or any two (2) such losses in the same
accident, one hundred (100) degrees of permanent impairment.
(5) For the permanent and complete loss of vision by enucleation
or its reduction to one-tenth (1/10) of normal vision with glasses,
thirty-five (35) degrees of permanent impairment.
(6) For the permanent and complete loss of hearing in one (1) ear,
fifteen (15) degrees of permanent impairment, and in both ears,
forty (40) degrees of permanent impairment.
(7) For the loss of one (1) testicle, ten (10) degrees of permanent
impairment; for the loss of both testicles, thirty (30) degrees of
permanent impairment.
(8) Loss of use: The total permanent loss of the use of an arm, a
hand, a thumb, a finger, a leg, a foot, a toe, or a phalange shall be
considered as the equivalent of the loss by separation of the arm,
hand, thumb, finger, leg, foot, toe, or phalange, and compensation
shall be paid in the same amount as for the loss by separation.
However, the doubling provision of subdivision (2) does not
apply to a loss of use that is not a loss by separation.
(9) Partial loss of use: For the permanent partial loss of the use of
an arm, a hand, a thumb, a finger, a leg, a foot, a toe, or a
phalange, compensation shall be paid for the proportionate loss of
the use of the arm, hand, thumb, finger, leg, foot, toe, or phalange.
(10) For disablements resulting in total permanent disability, the
amount payable for impairment or five hundred (500) weeks of
compensation, whichever is greater.
(11) For any permanent reduction of the sight of an eye less than
a total loss as specified in subdivision (5), the compensation shall
be paid in an amount proportionate to the degree of a permanent
reduction without correction or glasses. However, when a
permanent reduction without correction or glasses would result in
one hundred percent (100%) loss of vision, then compensation
shall be paid for fifty percent (50%) of the total loss of vision
without glasses, plus an additional amount equal to the
proportionate amount of the reduction with glasses, not to exceed
an additional fifty percent (50%).
(12) For any permanent reduction of the hearing of one (1) or both
ears, less than the total loss as specified in subdivision (6),
compensation shall be paid in an amount proportionate to the
degree of a permanent reduction.
(13) In all other cases of permanent partial impairment,
compensation proportionate to the degree of a permanent partial
impairment, in the discretion of the worker's compensation board,
not exceeding one hundred (100) degrees of permanent
impairment.
(14) In all cases of permanent disfigurement which may impair
the future usefulness or opportunities of the employee,
compensation, in the discretion of the worker's compensation
board, not exceeding forty (40) degrees of permanent impairment
except that no compensation shall be payable under this
subdivision where compensation is payable elsewhere in this
section.
(h) (l) With respect to disablements occurring on and after July 1,
1991, compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the disablement
determined under subsection (d) (k) and the following:
(1) With respect to disablements occurring on and after July 1,
1991, and before July 1, 1992, for each degree of permanent
impairment from one (1) to thirty-five (35), five hundred dollars
($500) per degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), nine hundred dollars ($900) per
degree; for each degree of permanent impairment above fifty (50),
one thousand five hundred dollars ($1,500) per degree.
(2) With respect to disablements occurring on and after July 1,
1992, and before July 1, 1993, for each degree of permanent
impairment from one (1) to twenty (20), five hundred dollars
($500) per degree; for each degree of permanent impairment from
twenty-one (21) to thirty-five (35), eight hundred dollars ($800)
per degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), one thousand three hundred dollars
($1,300) per degree; for each degree of permanent impairment
above fifty (50), one thousand seven hundred dollars ($1,700) per
degree.
(3) With respect to disablements occurring on and after July 1,
1993, and before July 1, 1997, for each degree of permanent
impairment from one (1) to ten (10), five hundred dollars ($500)
per degree; for each degree of permanent impairment from eleven
(11) to twenty (20), seven hundred dollars ($700) per degree; for
each degree of permanent impairment from twenty-one (21) to
thirty-five (35), one thousand dollars ($1,000) per degree; for
each degree of permanent impairment from thirty-six (36) to fifty
(50), one thousand four hundred dollars ($1,400) per degree; for
each degree of permanent impairment above fifty (50), one
thousand seven hundred dollars ($1,700) per degree.
(4) With respect to disablements occurring on and after July 1,
1997, and before July 1, 1998, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment from
eleven (11) to thirty-five (35), one thousand dollars ($1,000) per
degree; for each degree of permanent impairment from thirty-six
(36) to fifty (50), one thousand four hundred dollars ($1,400) per
degree; for each degree of permanent impairment above fifty (50),
one thousand seven hundred dollars ($1,700) per degree.
(5) With respect to disablements occurring on and after July 1,
1998, and before July 1, 1999, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment from
eleven (11) to thirty-five (35), one thousand dollars ($1,000) per
degree; for each degree of permanent impairment from thirty-six
(36) to fifty (50), one thousand four hundred dollars ($1,400) per
degree; for each degree of permanent impairment above fifty (50),
one thousand seven hundred dollars ($1,700) per degree.
(6) With respect to disablements occurring on and after July 1,
1999, and before July 1, 2000, for each degree of permanent
impairment from one (1) to ten (10), nine hundred dollars ($900)
per degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), one thousand one hundred dollars
($1,100) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand six hundred dollars
($1,600) per degree; for each degree of permanent impairment
above fifty (50), two thousand dollars ($2,000) per degree.
(7) With respect to disablements occurring on and after July 1,
2000, and before July 1, 2001, for each degree of permanent
impairment from one (1) to ten (10), one thousand one hundred
dollars ($1,100) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand
three hundred dollars ($1,300) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand dollars ($2,000) per degree; for each degree of
permanent impairment above fifty (50), two thousand five
hundred fifty dollars ($2,500) per degree.
(8) With respect to disablements occurring on and after July 1,
2001, and before July 1, 2007, for each degree of permanent
impairment from one (1) to ten (10), one thousand three hundred
dollars ($1,300) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand five
hundred dollars ($1,500) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand four hundred dollars ($2,400) per degree; for each
degree of permanent impairment above fifty (50), three thousand
dollars ($3,000) per degree.
(9) With respect to disablements occurring on and after July
1, 2007, and before July 1, 2008, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred forty dollars ($1,340) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35),
one thousand five hundred forty-five dollars ($1,545) per
degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), two thousand four hundred
seventy-five dollars ($2,475) per degree; for each degree of
permanent impairment above fifty (50), three thousand one
hundred fifty dollars ($3,150) per degree.
(10) With respect to disablements occurring on and after July
1, 2008, and before July 1, 2009, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred sixty-five dollars ($1,365) per degree; for each
degree of permanent impairment from eleven (11) to
thirty-five (35), one thousand five hundred seventy dollars
($1,570) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), two thousand
five hundred twenty-five dollars ($2,525) per degree; for each
degree of permanent impairment above fifty (50), three
thousand two hundred dollars ($3,200) per degree.
(11) With respect to disablements occurring on and after July
1, 2009, and before July 1, 2010, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred eighty dollars ($1,380) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35),
one thousand five hundred eighty-five dollars ($1,585) per
degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), two thousand six hundred dollars
($2,600) per degree; for each degree of permanent
impairment above fifty (50), three thousand three hundred
dollars ($3,300) per degree.
(12) With respect to disablements occurring on and after July
1, 2010, for each degree of permanent impairment from one
(1) to ten (10), one thousand four hundred dollars ($1,400) per
degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), one thousand six hundred dollars
($1,600) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), two thousand
seven hundred dollars ($2,700) per degree; for each degree of
permanent impairment above fifty (50), three thousand five
hundred dollars ($3,500) per degree.
(i) (m) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections (g)
(k) and (h) (l) shall not exceed the following:
(1) With respect to disablements occurring on or after July 1,
1991, and before July 1, 1992, four hundred ninety-two dollars
($492).
(2) With respect to disablements occurring on or after July 1,
1992, and before July 1, 1993, five hundred forty dollars ($540).
(3) With respect to disablements occurring on or after July 1,
1993, and before July 1, 1994, five hundred ninety-one dollars
($591).
subsequent disability in the same amount as if the previous impairment
or disability had not occurred. However, if the permanent impairment
or disability resulting from an occupational disease for which
compensation is claimed results only in the aggravation or increase of
a previously sustained permanent impairment from an occupational
disease or physical condition regardless of the source or cause of such
previously sustained impairment from an occupational disease or
physical condition, the board shall determine the extent of the
previously sustained permanent impairment from an occupational
disease or physical condition as well as the extent of the aggravation or
increase resulting from the subsequent permanent impairment or
disability, and shall award compensation only for that part of said
occupational disease or physical condition resulting from the
subsequent permanent impairment. An amputation of any part of the
body or loss of any or all of the vision of one (1) or both eyes caused by
an occupational disease shall be considered as a permanent impairment
or physical condition.
(l) (p) If an employee suffers a disablement from an occupational
disease for which compensation is payable while the employee is still
receiving or entitled to compensation for a previous injury by accident
or disability by occupational disease in the same employment, 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); (k)(1), (k)(4), (k)(5),
(k)(8), or (k)(9), but the employee shall be entitled to compensation for
that disability and from the time of that disability which will cover the
longest period and the largest amount payable under this chapter.
(m) (q) 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) (k)(1), (k)(4), (k)(5), (k)(8), or (k)(9) after
having sustained another such permanent disability in the same
employment the employee shall be entitled to compensation for both
such disabilities, but the total compensation shall be paid by extending
the period and not by increasing the amount of weekly compensation
and, when such previous and subsequent permanent disabilities, in
combination result in total permanent disability or permanent total
impairment, compensation shall be payable for such permanent total
disability or impairment, but payments made for the previous disability
or impairment shall be deducted from the total payment of
compensation due.
(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. (r) When an employee has been awarded or
is entitled to an award of compensation for a definite period from an
occupational disease wherein disablement occurs on and after April 1,
1963, and such employee dies from other causes than such
occupational disease, payment of the unpaid balance of such
compensation not exceeding three hundred fifty (350) weeks shall be
paid to the employee's dependents of the second and third class as
defined in sections 11 through 14 of this chapter and compensation, not
exceeding five hundred (500) weeks shall be made to the employee's
dependents of the first class as defined in sections 11 through 14 of this
chapter.
(o) (s) Any payment made by the employer to the employee during
the period of the employee's disability, or to the employee's dependents,
which, by the terms of this chapter, was not due and payable when
made, may, subject to the approval of the worker's compensation board,
be deducted from the amount to be paid as compensation, but such
deduction shall be made from the distal end of the period during which
compensation must be paid, except in cases of temporary disability.
(p) (t) When so provided in the compensation agreement or in the
award of the worker's compensation board, compensation may be paid
semimonthly, or monthly, instead of weekly.
(q) (u) When the aggregate payments of compensation awarded by
agreement or upon hearing to an employee or dependent under eighteen
(18) years of age do not exceed one hundred dollars ($100), the
payment thereof may be made directly to such employee or dependent,
except when the worker's compensation board shall order otherwise.
(v) Whenever the aggregate payments of compensation, due to any
person under eighteen (18) years of age, exceed one hundred dollars
($100), the payment thereof shall be made to a trustee, appointed by the
circuit or superior court, or to a duly qualified guardian, or, upon the
order of the worker's compensation board, to a parent or to such minor
person. The payment of compensation, due to any person eighteen (18)
years of age or over, may be made directly to such person.
(r) (w) If an employee, or a dependent, is mentally incompetent, or
a minor at the time when any right or privilege accrues to the employee
under this chapter, the employee's guardian or trustee may, in the
employee's behalf, claim and exercise such right and privilege.
(s) (x) All compensation payments named and provided for in this
section, shall mean and be defined to be for only such occupational
diseases and disabilities therefrom as are proved by competent
evidence, of which there are or have been objective conditions or
symptoms proven, not within the physical or mental control of the
employee. himself.
occurring on and after July 1, 1986, and before July 1, 1988, which
shall be paid for occupational disease and the results thereof under the
provisions of this chapter or under any combination of its provisions
may not exceed ninety-five thousand dollars ($95,000) in any case.
(m) The maximum compensation with respect to disability or death
occurring on and after July 1, 1988, and before July 1, 1989, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of its provisions may not exceed one
hundred twenty-eight thousand dollars ($128,000) in any case.
(n) The maximum compensation with respect to disability or death
occurring on and after July 1, 1989, and before July 1, 1990, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of its provisions may not exceed one
hundred thirty-seven thousand dollars ($137,000) in any case.
(o) The maximum compensation with respect to disability or death
occurring on and after July 1, 1990, and before July 1, 1991, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of its provisions may not exceed one
hundred forty-seven thousand dollars ($147,000) in any case.
(p) The maximum compensation with respect to disability or death
occurring on and after July 1, 1991, and before July 1, 1992, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of the provisions of this chapter may
not exceed one hundred sixty-four thousand dollars ($164,000) in any
case.
(q) The maximum compensation with respect to disability or death
occurring on and after July 1, 1992, and before July 1, 1993, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of the provisions of this chapter may
not exceed one hundred eighty thousand dollars ($180,000) in any case.
(r) The maximum compensation with respect to disability or death
occurring on and after July 1, 1993, and before July 1, 1994, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of the provisions of this chapter may
not exceed one hundred ninety-seven thousand dollars ($197,000) in
any case.
(s) The maximum compensation with respect to disability or death
occurring on and after July 1, 1994, and before July 1, 1997, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of the provisions of this chapter may
not exceed two hundred fourteen thousand dollars ($214,000) in any
case.
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.
of hearing, which shall be as early as practicable, and shall notify the
parties, in the manner prescribed by the board, of the time and place of
hearing. The hearing of all claims for compensation on account of
occupational disease shall be held in the county in which the last
exposure occurred or in any adjoining county, except when the parties
consent to a hearing elsewhere. Claims assigned to an individual board
member that are considered to be of an emergency nature by that board
member, may be heard in any county within the board member's
jurisdiction.
(d) The board by any or all of its members shall hear the parties at
issue, their representatives, and witnesses, and shall determine the
dispute in a summary manner. The award shall be filed with the record
of proceedings, and a copy thereof shall immediately be sent by
registered mail to each of the parties in dispute.
(e) If an application for review is made to the board within thirty
(30) days from the date of the award made by less than all the
members, the full board, if the first hearing was not held before the full
board, shall review the evidence, or, if deemed advisable, hear the
parties at issue, their representatives, and witnesses as soon as
practicable, and shall make an award and file the same with the finding
of the facts on which it is based and send a copy thereof to each of the
parties in dispute, in like manner as specified in subsection (d).
(f) An award of the board by less than all of the members as
provided in this section, if not reviewed as provided in this section,
shall be final and conclusive. An award by the full board shall be
conclusive and binding unless either party to the dispute, within thirty
(30) days after receiving a copy of such award, appeals to the court of
appeals under the same terms and conditions as govern appeals in
ordinary civil actions. The court of appeals shall have jurisdiction to
review all questions of law and of fact. The board, of its own motion,
may certify questions of law to the court of appeals for its decision and
determination. An assignment of errors that the award of the full board
is contrary to law shall be sufficient to present both the sufficiency of
the facts found to sustain the award and the sufficiency of the evidence
to sustain the finding of facts. All such appeals and certified questions
of law shall be submitted upon the date filed in the court of appeals,
shall be advanced upon the docket of the court, and shall be determined
at the earliest practicable date, without any extensions of time for filing
briefs. An award of the full board affirmed on appeal, by the employer,
shall be increased thereby five percent (5%), and by order of the court
may be increased ten percent (10%).
(g) Upon order of the worker's compensation board made after five
(5) days notice is given to the opposite party, any party in interest may
file in the circuit or superior court of the county in which the
disablement occurred a certified copy of the memorandum of
agreement, approved by the board, or of an order or decision of the
board, or of an award of the full board unappealed from, or of an award
of the full board affirmed upon an appeal, whereupon the court shall
render judgment in accordance therewith and notify the parties. Such
judgment shall have the same effect and all proceedings in relation
thereto shall thereafter be the same as though such judgment has been
rendered in a suit duly heard and determined by the court. Any such
judgment of such circuit or superior court, unappealed from or affirmed
on appeal or modified in obedience to the mandate of the court of
appeals, shall be modified to conform to any decision of the industrial
worker's compensation board ending, diminishing, or increasing any
weekly payment under the provisions of subsection (i) upon the
presentation to it of a certified copy of such decision.
(h) In all proceedings before the worker's compensation board or in
a court under the compensation provisions of this chapter, the costs
shall be awarded and taxed as provided by law in ordinary civil actions
in the circuit court.
(i) The power and jurisdiction of the worker's compensation board
over each case shall be continuing, and, from time to time, it may, upon
its own motion or upon the application of either party on account of a
change in conditions, make such modification or change in the award
ending, lessening, continuing, or extending the payments previously
awarded, either by agreement or upon hearing, as it may deem just,
subject to the maximum and minimum provided for in this chapter.
When compensation which is payable in accordance with an award or
settlement contract approved by the board is ordered paid in a lump
sum by the board, no review shall be had as in this subsection
mentioned. Upon making any such change, the board shall immediately
send to each of the parties a copy of the modified award. No such
modification shall affect the previous award as to any money paid
thereunder. The board shall not make any such modification upon its
own motion, nor shall any application therefor be filed by either party
after the expiration of two (2) years from the last day for which
compensation was paid. under the original award made either by
agreement or upon hearing. except that applications for increased
permanent partial impairment are barred unless filed within one (1)
year from the last day for which compensation was paid. The board
may at any time correct any clerical error in any finding or award.
(j) The board or any member thereof may, upon the application of
either party or upon its own motion, appoint a disinterested and duly
qualified physician or surgeon to make any necessary medical
examination of the employee and to testify in respect thereto. Such
physician or surgeon shall be allowed traveling expenses and a
reasonable fee, to be fixed by the board. The fees and expenses of such
physician or surgeon shall be paid by the state only on special order of
the board or a member thereof.
(k) The board or any member thereof may, upon the application of
either party or upon its own motion, appoint a disinterested and duly
qualified industrial hygienist, industrial engineer, industrial physician,
or chemist to make any necessary investigation of the occupation in
which the employee alleges that he the employee was last exposed to
the hazards of the occupational disease claimed upon, and testify with
respect to the occupational disease health hazards found by such person
or persons to exist in such occupation. Such person or persons shall be
allowed traveling expenses and a reasonable fee, to be fixed by the
board. The fees and expenses of such persons shall be paid by the state,
only on special order of the board or a member thereof.
(l) Whenever any claimant misconceives the claimant's remedy and
files an application for adjustment of a claim under IC 22-3-2 through
IC 22-3-6 and it is subsequently discovered, at any time before the final
disposition of such cause, that the claim for injury or death which was
the basis for such application should properly have been made under
the provisions of this chapter, then the application so filed under
IC 22-3-2 through IC 22-3-6 may be amended in form or substance or
both to assert a claim for such disability or death under the provisions
of this chapter, and it shall be deemed to have been so filed as amended
on the date of the original filing thereof, and such compensation may
be awarded as is warranted by the whole evidence pursuant to the
provisions of this chapter. When such amendment is submitted, further
or additional evidence may be heard by the worker's compensation
board when deemed necessary. Nothing in this section contained shall
be construed to be or permit a waiver of any of the provisions of this
chapter with reference to notice or time for filing a claim, but notice of
filing of a claim, if given or done, shall be deemed to be a notice or
filing of a claim under the provisions of this chapter if given or done
within the time required in this chapter.
disabled from an exposure to asbestos while in employment within
Indiana and who are eligible for benefits under section 3 of this chapter
and not eligible for benefits under IC 22-3-7. The fund shall be
administered by the worker's compensation board (referred to as "the
board" in this chapter).
(b) The fund is not a part of the general fund. Money in the fund at
the end of a particular fiscal year and interest accruing from the
investment of the money does not revert to the state general fund. The
fund shall be used only for the payment of awards of compensation and
expense of medical examinations made and ordered by the board and
chargeable against the fund under this section and shall be paid for that
purpose by the treasurer of state upon award or order of the board.
(c) Effective July 31, 2007, the money in the fund is transferred
to the second injury fund described in IC 22-3-3-13(f).
(d) This section expires August 1, 2007.
action on any measure, including final reports.
(e) This SECTION expires December 31, 2006.