Citations Affected: IC 22-3.
Synopsis: Religious exemption from worker's compensation. Provides
that an employee and employer who have religious objections to
receiving certain insurance or medical benefits may file an application
with the worker's compensation board (board) to be exempt from
worker's compensation benefits for personal injury or death by accident
and occupational diseases. Requires the board to grant the exemption
if the board makes certain findings. Extends the exemption to certain
members of the employee's family for worker's compensation benefits
that might be due to them.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Pensions and Labor.
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
religious sect or the same division of a recognized religious
sect; and
(C) as the employee and employer are adherents to
established tenets or teachings of the sect or division
referenced in clauses (A) and (B), the employee and
employer are conscientiously opposed to the acceptance of
the benefits of public or private insurance that makes
payments:
(i) in the event of death, disability, old age, or
retirement; or
(ii) for the cost of medical bills or to provide services for
medical bills.
(2) A waiver by the employee of all benefits that may be due
to the employee or the personal representative, dependents, or
next of kin of the employee at common law or otherwise under
IC 22-3-2 through IC 22-3-6.
(c) Except as provided in subsection (d), the statement and
waiver described in subsection (b) must be signed and verified by
oath or affirmation by both the employee and employer.
(d) If the employer and employee are both members of the Old
Order Amish or Old Order Mennonite Church, the bishop of the
employer and employee must sign a statement that the information
in the waiver and statement is true before the worker's
compensation board may consider granting the exemption
requested under this section.
(e) The worker's compensation board shall grant the exemption
under this section if the worker's compensation board finds that:
(1) a statement by means of the application described in
subsection (b)(1) and a waiver as described in subsection
(b)(2) have been filed with the worker's compensation board
as required by this section;
(2) the employer and employee are members of a sect or
division described in subsection (b)(1); and
(3) it is the practice for members of the employer's and
employee's sect or division to make provision for the care of
a dependent member of the sect or division that the sect or
division believes is reasonable in view of the member's general
level of living.
(f) An application filed under subsection (a) waives all other
rights and remedies of:
(1) the employee;
(2) the employee's personal representative or dependent; or
(3) the employee's next of kin at common law or otherwise;
relating to the employee's personal injury or death by accident
arising out of and in the course of the employee's employment,
except for remedies available under IC 5-2-6.1.
(g) If an employee is a minor, the waiver and statement under
subsection (b) must be made by a parent or guardian of the minor.
(h) An exemption granted under subsection (e) is valid until the
employee, employer, sect, or division notifies the worker's
compensation board in writing that the requirements of this section
for the exemption are no longer satisfied.
(i) A court in Indiana does not have jurisdiction:
(1) over an action brought by a person against an employer if
the action arose from a personal injury or death; or
(2) to enforce the judgment of a court outside Indiana if the
judgment in the court outside Indiana was based upon an
action that arose from a personal injury or death;
by accident arising out of and in the course of the employment that
was the subject of the exemption granted under subsection (e).
payments:
(i) in the event of death, disability, old age, or
retirement; or
(ii) for the cost of medical bills or to provide services for
medical bills.
(2) A waiver by the employee of all benefits that may be due
to the employee or the personal representative, dependents, or
next of kin of the employee at common law or otherwise under
this chapter.
(c) Except as provided in subsection (d), the statement and
waiver described in subsection (b) must be signed and verified by
oath or affirmation by both the employee and employer.
(d) If the employer and employee are both members of the Old
Order Amish or Old Order Mennonite Church, the bishop of the
employer and employee must sign a statement that the information
in the waiver and statement is true before the worker's
compensation board may consider granting the exemption
requested by this section.
(e) The worker's compensation board shall grant the exemption
under this section if the worker's compensation board finds that:
(1) a statement by means of the application described in
subsection (b)(1) and a waiver as described in subsection
(b)(2) have been filed with the worker's compensation board
as required by this section;
(2) the employer and employee are members of a sect or
division described in subsection (b)(1); and
(3) it is the practice for members of the employer's and
employee's sect or division to make provision for the care of
a dependent member of the sect or division that the sect or
division believes is reasonable in view of the member's general
level of living.
(f) An application filed under subsection (a) waives all other
rights and remedies of:
(1) the employee;
(2) the employee's personal representative or dependent; or
(3) the employee's next of kin at common law or otherwise;
relating to the employee's disablement or death by occupational
disease arising out of and in the course of the employee's
employment, except for remedies available under IC 5-2-6.1.
(g) If an employee is a minor, the waiver and statement under
subsection (b) must be made by a parent or guardian of the minor.
(h) An exemption granted under subsection (e) is valid until the
employee, employer, sect, or division notifies the worker's
compensation board in writing that the requirements of this section
for the exemption are no longer satisfied.
(i) A court in Indiana does not have jurisdiction:
(1) over an action brought by a person against any employer
if the action arises from a disablement or death; or
(2) to enforce the judgment of a court outside Indiana if the
judgment in the court outside Indiana was based upon an
action that arose from a disablement or death;
by occupational disease arising out of and in the course of the
employee's employment that was the subject of the exemption
granted under this section.