Citations Affected: IC 22-3; IC 22-4; noncode.
Synopsis: Worker's and unemployment compensation. Provides for
changes to benefits due for worker's compensation. Changes
assessments to the second injury fund for injured employees, and
establishes the second injury fund for occupational diseases. Provides
for 10% interest from the date of filing an application for an adjustment
of claim concerning the payment of workers' compensation. Provides
that an employee who: (1) has an injury or occupational disease that
results in a temporary total disability or a temporary partial impairment;
and (2) is capable of performing work with permanent limitations or
restrictions that prevent the employee from returning to the position the
employee held before the employee's injury or occupational disease
may receive compensation for the difference in average weekly
earnings lost. Limits disabled from trade compensation and establishes
a cap on compensation. Reduces worker's compensation to the
employee by 15% for failure to use certain safety appliances or the
failure to obey certain safety requirements (instead of denying
compensation altogether), and increases compensation by 30% when
the employer fails to comply with safety methods or to install or
maintain safety appliances. Provides that unemployment benefits
retroactive to the date of the beginning of a strike subject to the
maximum benefit periods due may be paid to a striking individual
when the employer shuts down operations. Provides that certain strike
related benefits are not considered remuneration for purposes of
computing deductible income for unemployment benefits, repeals the
one week waiting period for benefits, and changes the base period used
to compute benefits. Raises the unemployment compensation
maximum wage credits. Establishes work sharing and job training
unemployment compensation benefits. Makes conforming
amendments.
Effective: Upon passage; January 1, 2002; July 1, 2002; January 1,
2003.
January 15, 2002, read first time and referred to Committee on Labor and Employment.
January 29, 2002, amended, reported _ Do Pass.
February 4, 2002, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and industrial safety.
IC 22-3-3-20, or, if the student has no dependents, to the
student's parents; and
(B) burial compensation under IC 22-3-3-21.
(c) For the sole purpose of modifying an award under IC 22-3-3-27,
a school to work student's average weekly wage is presumed to be
equal to the federal minimum wage.
(d) A school to work student is not entitled to the following
compensation under this article:
(1) Temporary total disability compensation under IC 22-3-3-8.
(2) Temporary partial disability compensation under IC 22-3-3-9.
(e) Except for remedies available under IC 5-2-6.1, recovery under
subsection (b) is the exclusive right and remedy for:
(1) a school to work student; and
(2) the personal representatives, dependents, or next of kin, at
common law or otherwise, of a school to work student;
on account of personal injury or death by accident arising out of and in
the course of school to work employment.
any degree by the employer's intentional failure to comply with a
statute or administrative regulation regarding safety methods or
installation or maintenance of safety appliances that has been
communicated to the employer.
upon notice and hearing. Civil penalties collected under this section
shall be deposited in the state general fund.
(c) Once begun, temporary total disability benefits may not be
terminated by the employer unless:
(1) the employee has returned to any employment;
(2) the employee has died;
(3) the employee has refused to undergo a medical examination
under section 6 of this chapter or has refused to accept suitable
employment under section 11 of this chapter;
(4) the employee has received five hundred (500) weeks of
temporary total disability benefits or has been paid the maximum
compensation allowed under section 22 of this chapter; or
(5) the employee is unable or unavailable to work for reasons
unrelated to the compensable injury; or
(6) the employee returns to work with limitations or
restrictions, and the employer converts temporary total
disability or temporary partial disability compensation into
disabled from trade compensation under section 33 of this
chapter.
In all other cases the employer must notify the employee in writing of
the employer's intent to terminate the payment of temporary total
disability benefits and of the availability of employment, if any, on a
form approved by the board. If the employee disagrees with the
proposed termination, the employee must give written notice of
disagreement to the board and the employer within seven (7) days after
receipt of the notice of intent to terminate benefits. If the board and
employer do not receive a notice of disagreement under this section,
the employee's temporary total disability benefits shall be terminated.
Upon receipt of the notice of disagreement, the board shall immediately
contact the parties, which may be by telephone or other means, and
attempt to resolve the disagreement. If the board is unable to resolve
the disagreement within ten (10) days of receipt of the notice of
disagreement, the board shall immediately arrange for an evaluation of
the employee by an independent medical examiner. The independent
medical examiner shall be selected by mutual agreement of the parties
or, if the parties are unable to agree, appointed by the board under
IC 22-3-4-11. If the independent medical examiner determines that the
employee is no longer temporarily disabled or is still temporarily
disabled but can return to employment that the employer has made
available to the employee, or if the employee fails or refuses to appear
for examination by the independent medical examiner, temporary total
disability benefits may be terminated. If either party disagrees with the
opinion of the independent medical examiner, the party shall apply to
the board for a hearing under IC 22-3-4-5.
(d) An employer is not required to continue the payment of
temporary total disability benefits for more than fourteen (14) days
after the employer's proposed termination date unless the independent
medical examiner determines that the employee is temporarily disabled
and unable to return to any employment that the employer has made
available to the employee.
(e) If it is determined that as a result of this section temporary total
disability benefits were overpaid, the overpayment shall be deducted
from any benefits due the employee under section 10 of this chapter
and, if there are no benefits due the employee or the benefits due the
employee do not equal the amount of the overpayment, the employee
shall be responsible for paying any overpayment which cannot be
deducted from benefits due the employee.
weekly compensation equal to sixty-six and two-thirds percent (66
2/3%) of his average weekly wages, as defined in IC 22-3-3-22, for a
period not to exceed five hundred (500) weeks. Compensation shall be
allowed for the first seven (7) calendar days only if the disability
continues for longer than twenty-one (21) days.
(b) As provided in IC 22-3-2-8(b), each payment of monetary
compensation allowed under subsection (a) shall be reduced by
fifteen percent (15%) for an injury caused in any degree by the
employee's intentional:
(1) failure to use a safety appliance furnished by the
employer; or
(2) failure to obey an order or administrative regulation of:
(A) the worker's compensation board; or
(B) the employer;
for the safety of the employees or the public.
(c) Each payment of monetary compensation allowed under
subsection (a) shall be increased by thirty percent (30%) for an
injury caused in any degree by the employer's intentional failure
to comply with a statute or administrative regulation regarding
safety methods or installation or maintenance of safety appliances
that has been communicated to the employer, as provided in
IC 22-3-2-8(c).
the difference between his average weekly wages and the weekly wages
at which he is actually employed after the injury, for a period not to
exceed three hundred (300) weeks. In case the partial disability begins
after the period of temporary total disability, the latter period shall be
included as a part of the maximum period allowed for partial disability.
(b) As provided in IC 22-3-2-8(b), each payment of monetary
compensation allowed under subsection (a) shall be reduced by
fifteen percent (15%) for an injury caused in any degree by the
employee's intentional:
(1) failure to use a safety appliance furnished by the
employer; or
(2) failure to obey an order or administrative regulation of:
(A) the worker's compensation board; or
(B) the employer;
for the safety of the employees or the public.
(c) Each payment of monetary compensation allowed under
subsection (a) shall be increased by thirty percent (30%) for an
injury caused in any degree by the employer's intentional failure
to comply with a statute or administrative regulation regarding
safety methods or installation or maintenance of safety appliances
that has been communicated to the employer, as provided in
IC 22-3-2-8(c).
before July 1, 1979, the employee shall receive, in addition to
temporary total disability benefits not exceeding twenty-six (26) weeks
on account of the injury, a weekly compensation of sixty percent (60%)
of his average weekly wages, not to exceed one hundred twenty-five
dollars ($125) average weekly wages, for the period stated for the
injury. With respect to injuries in the following schedule occurring on
and after July 1, 1979, and before July 1, 1988, the employee shall
receive, in addition to temporary total disability benefits not to exceed
fifty-two (52) weeks on account of the injury, a weekly compensation
of sixty percent (60%) of the employee's average weekly wages, not to
exceed one hundred twenty-five dollars ($125) average weekly wages,
for the period stated for the injury. With respect to injuries in the
following schedule occurring on and after July 1, 1988, and before July
1, 1989, the employee shall receive, in addition to temporary total
disability benefits not exceeding seventy-eight (78) weeks on account
of the injury, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed one hundred sixty-six
dollars ($166) average weekly wages, for the period stated for the
injury.
With respect to injuries in the following schedule occurring on and
after July 1, 1989, and before July 1, 1990, the employee shall receive,
in addition to temporary total disability benefits not exceeding
seventy-eight (78) weeks on account of the injury, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages, not to exceed one hundred eighty-three dollars ($183) average
weekly wages, for the period stated for the injury.
With respect to injuries in the following schedule occurring on and
after July 1, 1990, and before July 1, 1991, the employee shall receive,
in addition to temporary total disability benefits not exceeding
seventy-eight (78) weeks on account of the injury, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages, not to exceed two hundred dollars ($200) average weekly
wages, for the period stated for the injury.
(1) Amputation: For the loss by separation of the thumb, sixty
(60) weeks, of the index finger forty (40) weeks, of the second
finger thirty-five (35) weeks, of the third or ring finger thirty (30)
weeks, of the fourth or little finger twenty (20) weeks, of the hand
by separation below the elbow joint two hundred (200) weeks, or
the arm above the elbow two hundred fifty (250) weeks, of the big
toe sixty (60) weeks, of the second toe thirty (30) weeks, of the
third toe twenty (20) weeks, of the fourth toe fifteen (15) weeks,
of the fifth or little toe ten (10) weeks, and for loss occurring
before April 1, 1959, by separation of the foot below the knee
joint one hundred fifty (150) weeks and of the leg above the knee
joint two hundred (200) weeks; for loss occurring on and after
April 1, 1959, by separation of the foot below the knee joint, one
hundred seventy-five (175) weeks and of the leg above the knee
joint two hundred twenty-five (225) weeks. The loss of more than
one (1) phalange of a thumb or toes shall be considered as the loss
of the entire thumb or toe. The loss of more than two (2)
phalanges of a finger shall be considered as the loss of the entire
finger. The loss of not more than one (1) phalange of a thumb or
toe shall be considered as the loss of one-half (1/2) of the thumb
or toe and compensation shall be paid for one-half (1/2) of the
period for the loss of the entire thumb or toe. The loss of not more
than one (1) phalange of a finger shall be considered as the loss
of one-third (1/3) of the finger and compensation shall be paid for
one-third (1/3) the period for the loss of the entire finger. The loss
of more than one (1) phalange of the finger but not more than two
(2) phalanges of the finger, shall be considered as the loss of
one-half (1/2) of the finger and compensation shall be paid for
one-half (1/2) of the period for the loss of the entire finger.
(2) For the loss by separation of both hands or both feet or the
total sight of both eyes, or any two (2) such losses in the same
accident, five hundred (500) weeks.
(3) For the permanent and complete loss of vision by enucleation
or its reduction to one-tenth (1/10) of normal vision with glasses,
one hundred seventy-five (175) weeks.
(4) For the permanent and complete loss of hearing in one (1) ear,
seventy-five (75) weeks, and in both ears, two hundred (200)
weeks.
(5) For the loss of one (1) testicle, fifty (50) weeks; for the loss of
both testicles, one hundred fifty (150) weeks.
(b) With respect to injuries in the following schedule occurring prior
to April 1, 1951, the employee shall receive in lieu of all other
compensation on account of the injuries, a weekly compensation of
fifty-five percent (55%) of the employee's average weekly wages. With
respect to injuries in the following schedule occurring on and after
April 1, 1951, and prior to April 1, 1955, the employee shall receive in
lieu of all other compensation on account of the injuries a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages. With respect to injuries in the following schedule occurring on
and after April 1, 1955, and prior to July 1, 1971, the employee shall
receive in addition to temporary total disability benefits not exceeding
twenty-six (26) weeks on account of the injuries, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages. With respect to injuries in the following schedule occurring on
and after July 1, 1971, and before July 1, 1977, the employee shall
receive in addition to temporary total disability benefits not exceeding
twenty-six (26) weeks on account of the injuries, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages, not to exceed one hundred dollars ($100) average weekly
wages, for the period stated for such injuries respectively. With respect
to injuries in the following schedule occurring on and after July 1,
1977, and before July 1, 1979, the employee shall receive, in addition
to temporary total disability benefits not exceeding twenty-six (26)
weeks on account of the injury, a weekly compensation of sixty percent
(60%) of the employee's average weekly wages not to exceed one
hundred twenty-five dollars ($125) average weekly wages, for the
period stated for the injury. With respect to injuries in the following
schedule occurring on and after July 1, 1979, and before July 1, 1988,
the employee shall receive, in addition to temporary total disability
benefits not exceeding fifty-two (52) weeks on account of the injury, a
weekly compensation of sixty percent (60%) of the employee's average
weekly wages not to exceed one hundred twenty-five dollars ($125)
average weekly wages for the period stated for the injury. With respect
to injuries in the following schedule occurring on and after July 1,
1988, and before July 1, 1989, the employee shall receive, in addition
to temporary total disability benefits not exceeding seventy-eight (78)
weeks on account of the injury, a weekly compensation of sixty percent
(60%) of the employee's average weekly wages, not to exceed one
hundred sixty-six dollars ($166) average weekly wages, for the period
stated for the injury.
With respect to injuries in the following schedule occurring on and
after July 1, 1989, and before July 1, 1990, the employee shall receive,
in addition to temporary total disability benefits not exceeding
seventy-eight (78) weeks on account of the injury, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages, not to exceed one hundred eighty-three dollars ($183) average
weekly wages, for the period stated for the injury.
With respect to injuries in the following schedule occurring on and
after July 1, 1990, and before July 1, 1991, the employee shall receive,
in addition to temporary total disability benefits not exceeding
seventy-eight (78) weeks on account of the injury, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages, not to exceed two hundred dollars ($200) average weekly
wages, for the period stated for the injury.
(1) Loss of use: The total permanent loss of the use of an arm,
hand, thumb, finger, leg, foot, toe, or phalange shall be considered
as the equivalent of the loss by separation of the arm, hand,
thumb, finger, leg, foot, toe, or phalange, and compensation shall
be paid for the same period as for the loss thereof by separation.
(2) Partial loss of use: For the permanent partial loss of the use of
an arm, hand, thumb, finger, leg, foot, toe, or phalange,
compensation shall be paid for the proportionate loss of the use of
such arm, hand, thumb, finger, leg, foot, toe, or phalange.
(3) For injuries resulting in total permanent disability, five
hundred (500) weeks.
(4) For any permanent reduction of the sight of an eye less than a
total loss as specified in subsection (a)(3), compensation shall be
paid for a period proportionate to the degree of such permanent
reduction without correction or glasses. However, when such
permanent reduction without correction or glasses would result in
one hundred percent (100%) loss of vision, but correction or
glasses would result in restoration of vision, then in such event
compensation shall be paid for fifty percent (50%) of such total
loss of vision without glasses, plus an additional amount equal to
the proportionate amount of such reduction with glasses, not to
exceed an additional fifty percent (50%).
(5) For any permanent reduction of the hearing of one (1) or both
ears, less than the total loss as specified in subsection (a)(4),
compensation shall be paid for a period proportional to the degree
of such permanent reduction.
(6) In all other cases of permanent partial impairment,
compensation proportionate to the degree of such permanent
partial impairment, in the discretion of the worker's compensation
board, not exceeding five hundred (500) weeks.
(7) In all cases of permanent disfigurement which may impair the
future usefulness or opportunities of the employee, compensation,
in the discretion of the worker's compensation board, not
exceeding two hundred (200) weeks, except that no compensation
shall be payable under this subdivision where compensation is
payable elsewhere in this section.
(c) With respect to injuries in the following schedule occurring on
and after July 1, 1991, the employee shall receive in addition to
temporary total disability benefits, not exceeding one hundred
twenty-five (125) weeks on account of the injury, compensation in an
amount determined under the following schedule to be paid weekly at
a rate of sixty-six and two-thirds percent (66 2/3%) of the employee's
average weekly wages during the fifty-two (52) weeks immediately
preceding the week in which the injury occurred.
(1) Amputation: For the loss by separation of the thumb, twelve
(12) degrees of permanent impairment; of the index finger, eight
(8) degrees of permanent impairment; of the second finger, seven
(7) degrees of permanent impairment; of the third or ring finger,
six (6) degrees of permanent impairment; of the fourth or little
finger, four (4) degrees of permanent impairment; of the hand by
separation below the elbow joint, forty (40) degrees of permanent
impairment; of the arm above the elbow, fifty (50) degrees of
permanent impairment; of the big toe, twelve (12) degrees of
permanent impairment; of the second toe, six (6) degrees of
permanent impairment; of the third toe, four (4) degrees of
permanent impairment; of the fourth toe, three (3) degrees of
permanent impairment; of the fifth or little toe, two (2) degrees of
permanent impairment; by separation of the foot below the knee
joint, thirty-five (35) degrees of permanent impairment; and of the
leg above the knee joint, forty-five (45) degrees of permanent
impairment.
(2) Amputations: For the loss by separation of any of the body
parts described in subdivision (1) on or after July 1, 1997, and for
the loss by separation of any of the body parts described in
subdivision (3), (5), or (8), on or after July 1, 1999, the dollar
values per degree applying on the date of the injury as described
in subsection (d) shall be multiplied by two (2). However, the
doubling provision of this subdivision does not apply to a loss of
use that is not a loss by separation.
(3) The loss of more than one (1) phalange of a thumb or toe shall
be considered as the loss of the entire thumb or toe. The loss of
more than two (2) phalanges of a finger shall be considered as the
loss of the entire finger. The loss of not more than one (1)
phalange of a thumb or toe shall be considered as the loss of
one-half (1/2) of the degrees of permanent impairment for the loss
of the entire thumb or toe. The loss of not more than one (1)
phalange of a finger shall be considered as the loss of one-third
(1/3) of the finger and compensation shall be paid for one-third
(1/3) of the degrees payable for the loss of the entire finger. The
loss of more than one (1) phalange of the finger but not more than
two (2) phalanges of the finger shall be considered as the loss of
one-half (1/2) of the finger and compensation shall be paid for
one-half (1/2) of the degrees payable for the loss of the entire
finger.
(4) For the loss by separation of both hands or both feet or the
total sight of both eyes or any two (2) such losses in the same
accident, one hundred (100) degrees of permanent impairment.
(5) For the permanent and complete loss of vision by enucleation,
thirty-five (35) degrees of permanent impairment.
(6) For the reduction of vision to one-tenth (1/10) of normal
vision with glasses, thirty-five (35) degrees of permanent
impairment.
(7) For the permanent and complete loss of hearing in one (1) ear,
fifteen (15) degrees of permanent impairment, and in both ears,
forty (40) degrees of permanent impairment.
(8) For the loss of one (1) testicle, ten (10) degrees of permanent
impairment; for the loss of both testicles, thirty (30) degrees of
permanent impairment.
(9) Loss of use: The total permanent loss of the use of an arm, a
hand, a thumb, a finger, a leg, a foot, a toe, or a phalange shall be
considered as the equivalent of the loss by separation of the arm,
hand, thumb, finger, leg, foot, toe, or phalange, and compensation
shall be paid in the same amount as for the loss by separation.
However, the doubling provision of subdivision (2) does not
apply to a loss of use that is not a loss by separation.
(10) Partial loss of use: For the permanent partial loss of the use
of an arm, a hand, a thumb, a finger, a leg, a foot, a toe, or a
phalange, compensation shall be paid for the proportionate loss of
the use of the arm, hand, thumb, finger, leg, foot, toe, or phalange.
(11) For injuries resulting in total permanent disability, the
amount payable for impairment or five hundred (500) weeks of
compensation, whichever is greater.
(12) For any permanent reduction of the sight of an eye less than
a total loss as specified in subsection (a)(3), the compensation
shall be paid in an amount proportionate to the degree of a
permanent reduction without correction or glasses. However,
when a permanent reduction without correction or glasses would
result in one hundred percent (100%) loss of vision, then
compensation shall be paid for fifty percent (50%) of the total loss
of vision without glasses, plus an additional amount equal to the
proportionate amount of the reduction with glasses, not to exceed
an additional fifty percent (50%).
(13) For any permanent reduction of the hearing of one (1) or both
ears, less than the total loss as specified in subsection (a)(4),
compensation shall be paid in an amount proportionate to the
degree of a permanent reduction.
(14) In all other cases of permanent partial impairment,
compensation proportionate to the degree of a permanent partial
impairment, in the discretion of the worker's compensation board,
not exceeding one hundred (100) degrees of permanent
impairment.
(15) In all cases of permanent disfigurement which may impair
the future usefulness or opportunities of the employee,
compensation, in the discretion of the worker's compensation
board, not exceeding forty (40) degrees of permanent impairment
except that no compensation shall be payable under this
subdivision where compensation is payable elsewhere in this
section.
(d) Compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the injury
determined under subsection (c) and the following:
(1) With respect to injuries occurring on and after July 1, 1991,
and before July 1, 1992, for each degree of permanent impairment
from one (1) to thirty-five (35), five hundred dollars ($500) per
degree; for each degree of permanent impairment from thirty-six
(36) to fifty (50), nine hundred dollars ($900) per degree; for each
degree of permanent impairment above fifty (50), one thousand
five hundred dollars ($1,500) per degree.
(2) With respect to injuries occurring on and after July 1, 1992,
and before July 1, 1993, for each degree of permanent impairment
from one (1) to twenty (20), five hundred dollars ($500) per
degree; for each degree of permanent impairment from
twenty-one (21) to thirty-five (35), eight hundred dollars ($800)
per degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), one thousand three hundred dollars
($1,300) per degree; for each degree of permanent impairment
above fifty (50), one thousand seven hundred dollars ($1,700) per
degree.
(3) With respect to injuries occurring on and after July 1, 1993,
and before July 1, 1997, for each degree of permanent impairment
from one (1) to ten (10), five hundred dollars ($500) per degree;
for each degree of permanent impairment from eleven (11) to
twenty (20), seven hundred dollars ($700) per degree; for each
degree of permanent impairment from twenty-one (21) to
thirty-five (35), one thousand dollars ($1,000) per degree; for
each degree of permanent impairment from thirty-six (36) to fifty
(50), one thousand four hundred dollars ($1,400) per degree; for
each degree of permanent impairment above fifty (50), one
thousand seven hundred dollars ($1,700) per degree.
(4) With respect to injuries occurring on and after July 1, 1997,
and before July 1, 1998, for each degree of permanent impairment
from one (1) to ten (10), seven hundred fifty dollars ($750) per
degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), one thousand dollars ($1,000) per degree;
for each degree of permanent impairment from thirty-six (36) to
fifty (50), one thousand four hundred dollars ($1,400) per degree;
for each degree of permanent impairment above fifty (50), one
thousand seven hundred dollars ($1,700) per degree.
(5) With respect to injuries occurring on and after July 1, 1998,
and before July 1, 1999, for each degree of permanent impairment
from one (1) to ten (10), seven hundred fifty dollars ($750) per
degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), one thousand dollars ($1,000) per degree;
for each degree of permanent impairment from thirty-six (36) to
fifty (50), one thousand four hundred dollars ($1,400) per degree;
for each degree of permanent impairment above fifty (50), one
thousand seven hundred dollars ($1,700) per degree.
(6) With respect to injuries occurring on and after July 1, 1999,
and before July 1, 2000, for each degree of permanent impairment
from one (1) to ten (10), nine hundred dollars ($900) per degree;
for each degree of permanent impairment from eleven (11) to
thirty-five (35), one thousand one hundred dollars ($1,100) per
degree; for each degree of permanent impairment from thirty-six
(36) to fifty (50), one thousand six hundred dollars ($1,600) per
degree; for each degree of permanent impairment above fifty (50),
two thousand dollars ($2,000) per degree.
(7) With respect to injuries occurring on and after July 1, 2000,
and before July 1, 2001, for each degree of permanent impairment
from one (1) to ten (10), 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, 2002, 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,
2002, and before July 1, 2003, for each degree of permanent
impairment from one (1) to ten (10), two thousand fifty
dollars ($2,050) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), two thousand
seven hundred dollars ($2,700) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), three
thousand three hundred dollars ($3,300) per degree; for each
degree of permanent impairment above fifty (50), three
thousand nine hundred dollars ($3,900) per degree.
(10) With respect to injuries occurring on and after July 1,
2003, for each degree of permanent impairment from one (1)
to ten (10), two thousand four hundred dollars ($2,400) per
degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), three thousand seventy-five dollars
($3,075) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), three thousand
seven hundred seventy-five dollars ($3,775) per degree; for
each degree of permanent impairment above fifty (50), four
thousand five hundred twenty-five dollars ($4,525) per degree.
(12) With respect to injuries occurring on or after July 1,
2002, as provided in IC 22-3-2-8(b), each payment of
monetary compensation allowed under this subsection shall be
reduced by fifteen percent (15%) for an injury or a death
caused in any degree by the employee's intentional:
(A) failure to use a safety appliance furnished by the
employer; or
(B) failure to obey an order or administrative regulation
of:
(i) the worker's compensation board; or
(ii) the employer;
for the safety of the employees or the public.
(13) With respect to injuries occurring on or after July 1,
2002, each payment of monetary compensation allowed under
this subsection shall be increased by thirty percent (30%) for
an injury or a death caused in any degree by the employer's
intentional failure to comply with a statute or administrative
regulation regarding safety methods or installation or
maintenance of safety appliances that has been communicated
to the employer, as provided in IC 22-3-2-8(c).
(e) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections (c)
and (d) 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, 2003, eight hundred eighty-two dollars
($882).
(11) With respect to injuries occurring on or after July 1,
2003, nine hundred forty-two dollars ($942).
paid the remainder of the compensation that would be due for such
total permanent disability out of a special fund known as the second
injury fund, and created in the manner described in subsection (c).
(c) Whenever the board determines under the procedures set forth
in subsection (d) that an assessment is necessary to ensure that fund
beneficiaries, including applicants under section 4(e) of this chapter,
continue to receive compensation in a timely manner for a reasonable
prospective period, the board shall send notice not later than October
1 in any year to:
(1) all insurance carriers and other entities insuring or providing
coverage to employers who are or may be liable under this article
to pay compensation for personal injuries to or the death of their
employees under this article; and
(2) each employer carrying the employer's own risk;
stating that an assessment is necessary. After June 30, 1999, the board
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 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 may not exceed two
three and one-half percent (2.5%) (3.5%) of the total amount of all
worker's compensation paid to injured employees or their beneficiaries
under IC 22-3-2 through IC 22-3-6 for the calendar year next preceding
the due date of such payment. For the purposes of calculating the
assessment under this subsection, the board may consider payments for
temporary total disability, temporary partial disability, permanent total
impairment, permanent partial impairment, or death of an employee.
The board may not consider payments for medical benefits in
calculating an assessment under this subsection. If the amount to the
credit of the second injury fund on or before October 1 of any year
exceeds one two million five hundred thousand dollars ($1,000,000),
($2,500,000), the assessment allowed under this subsection shall not
be assessed or collected during the ensuing year. But when on or before
October 1 of any year the amount to the credit of the fund is less than
one two million five hundred thousand dollars ($1,000,000),
($2,500,000), the payments of not more than two three and one-half
percent (2.5%) (3.5%) of the total amount of all worker's compensation
paid to injured employees or their beneficiaries under IC 22-3-2
through IC 22-3-6 for the calendar year next preceding that date shall
be resumed and paid into the fund. The board may not use an
assessment rate greater than twenty-five hundredths of one percent
(0.25%) above the amount recommended by the study performed
before the assessment.
(d) The board shall enter into a contract with an actuary or another
qualified firm that has experience in calculating worker's compensation
liabilities. Not later than September 1 of each year, the actuary or other
qualified firm shall calculate the recommended funding level of the
fund based on the previous year's claims and inform the board of the
results of the calculation. If the amount to the credit of the fund is less
than the amount required under subsection (c), the board may conduct
an assessment under subsection (c). The board shall pay the costs of the
contract under this subsection with money in the fund.
(e) An assessment collected under subsection (c) on an employer
who is not self-insured must be assessed through a surcharge based on
the employer's premium. An assessment collected under subsection (c)
does not constitute an element of loss, but for the purpose of collection
shall be treated as a separate cost imposed upon insured employers. A
premium surcharge under this subsection must be collected at the same
time and in the same manner in which the premium for coverage is
collected, and must be shown as a separate amount on a premium
statement. A premium surcharge under this subsection must be
excluded from the definition of premium for all purposes, including the
computation of agent commissions or premium taxes. However, an
insurer may cancel a worker's compensation policy for nonpayment of
the premium surcharge. A cancellation under this subsection must be
carried out under the statutes applicable to the nonpayment of
premiums.
(f) The sums shall be paid by the board to the treasurer of state, to
be deposited in a special account known as the second injury fund. The
funds are not a part of the general fund of the state. Any balance
remaining in the account at the end of any fiscal year shall not revert
to the general fund. The funds shall be used only for the payment of
awards of compensation and expense of medical examinations or
treatment made and ordered by the board and chargeable against the
fund pursuant to this section, and shall be paid for that purpose by the
treasurer of state upon award or order of the board.
(g) If an employee who is entitled to compensation under IC 22-3-2
through IC 22-3-6 either:
(1) exhausts the maximum benefits under section 22 of this
chapter without having received the full amount of award granted
to the employee under section 10 of this chapter; or
than seventy-five dollars ($75) and not less than thirty dollars ($30). In computing the compensation under this law with respect to injuries occurring on and after April 1, 1967, and prior to April 1, 1969, the average weekly wages shall be considered to be not more than eighty-five dollars ($85) and not less than thirty-five dollars ($35). In computing the compensation under this law with respect to injuries occurring on and after April 1, 1969, and prior to July 1, 1971, the average weekly wages shall be considered to be not more than ninety-five dollars ($95) and not less than thirty-five dollars ($35). In computing the compensation under this law with respect to injuries occurring on and after July 1, 1971, and prior to July 1, 1974, the average weekly wages shall be considered to be: (A) Not more than: (1) one hundred dollars ($100) if no dependents; (2) one hundred five dollars ($105) if one (1) dependent; (3) one hundred ten dollars ($110) if two (2) dependents; (4) one hundred fifteen dollars ($115) if three (3) dependents; (5) one hundred twenty dollars ($120) if four (4) dependents; and (6) one hundred twenty-five dollars ($125) if five (5) or more dependents; and (B) Not less than thirty-five dollars ($35). In computing compensation for temporary total disability, temporary partial disability, and total permanent disability under this law with respect to injuries occurring on and after July 1, 1974, and before July 1, 1976, the average weekly wages shall be considered to be (A) not more than one hundred thirty-five dollars ($135), and (B) not less than seventy-five dollars ($75). However, the weekly compensation payable shall in no case exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability and total permanent disability under this law with respect to injuries occurring on and after July 1, 1976, and before July 1, 1977, the average weekly wages shall be considered to be (1) not more than one hundred fifty-six dollars ($156) and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries occurring on and after July 1, 1977, and before July 1, 1979, the average weekly wages are considered to be (1) not more than one hundred eighty dollars ($180); and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable may not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries occurring on and after
July 1, 1979, and before July 1, 1980, the average weekly wages are considered to be (1) not more than one hundred ninety-five dollars ($195), and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries occurring on and after July 1, 1980, and before July 1, 1983, the average weekly wages are considered to be (1) not more than two hundred ten dollars ($210), and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries occurring on and after July 1, 1983, and before July 1, 1984, the average weekly wages are considered to be (1) not more than two hundred thirty-four dollars ($234) and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries occurring on and after July 1, 1984, and before July 1, 1985, the average weekly wages are considered to be (1) not more than two hundred forty-nine dollars ($249) and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries occurring on and after July 1, 1985, and before July 1, 1986, the average weekly wages are considered to be (1) not more than two hundred sixty-seven dollars ($267) and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect to injuries occurring on and after July 1, 1986, and before July 1, 1988, the average weekly wages are considered to be (1) not more than two hundred eighty-five dollars ($285) and (2) not less than seventy-five dollars ($75). However, the weekly compensation payable shall not exceed the average weekly wages of the employee at the time of the injury. In computing compensation for temporary total disability, temporary partial disability, and total permanent disability, with respect
to injuries occurring on and after July 1, 1988, and before July 1, 1989,
the average weekly wages are considered to be (1) not more than three
hundred eighty-four dollars ($384) and (2) not less than seventy-five
dollars ($75). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury.
In computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1989, and before July 1, 1990, the
average weekly wages are considered to be (1) not more than four
hundred eleven dollars ($411) and (2) not less than seventy-five dollars
($75). However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
In computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1990, and before July 1, 1991, the
average weekly wages are considered to be (1) not more than four
hundred forty-one dollars ($441) and (2) not less than seventy-five
dollars ($75). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury.
In computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1991, and before July 1, 1992, the
average weekly wages are considered to be (1) not more than four
hundred ninety-two dollars ($492) and (2) not less than seventy-five
dollars ($75). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury.
In computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1992, and before July 1, 1993, the
average weekly wages are considered to be (1) not more than five
hundred forty dollars ($540) and (2) not less than seventy-five dollars
($75). However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
In computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1993, and before July 1, 1994, the
average weekly wages are considered to be (1) not more than five
hundred ninety-one dollars ($591) and (2) not less than seventy-five
dollars ($75). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury.
In computing compensation for temporary total disability, temporary
partial disability, and total permanent disability, with respect to injuries
occurring on and after July 1, 1994, and before July 1, 1997, the
average weekly wages are considered to be (1) not more than six
hundred forty-two dollars ($642) and (2) not less than seventy-five
dollars ($75). However, the weekly compensation payable shall not
exceed the average weekly wages of the employee at the time of the
injury.
(b) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, the average
weekly wages are considered to be:
(1) with respect to injuries occurring on and after July 1, 1997,
and before July 1, 1998:
(A) not more than six hundred seventy-two dollars ($672); and
(B) not less than seventy-five dollars ($75);
(2) with respect to injuries occurring on and after July 1, 1998,
and before July 1, 1999:
(A) not more than seven hundred two dollars ($702); and
(B) not less than seventy-five dollars ($75);
(3) with respect to injuries occurring on and after July 1, 1999,
and before July 1, 2000:
(A) not more than seven hundred thirty-two dollars ($732);
and
(B) not less than seventy-five dollars ($75);
(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, 2003:
(A) not more than eight hundred eighty-two dollars ($882);
and
(B) not less than seventy-five dollars ($75); and
(7) with respect to injuries occurring on and after July 1,
2003:
(A) not more than nine hundred forty-two dollars ($942);
and
(B) not less than seventy-five dollars ($75).
However, the weekly compensation payable shall not exceed the
average weekly wages of the employee at the time of the injury.
(c) For the purpose of this section only and with respect to injuries
occurring on and after July 1, 1971, and prior to July 1, 1974, only, the
term "dependent" as used in this section shall mean persons defined as
presumptive dependents under section 19 of this chapter, except that
such dependency shall be determined as of the date of the injury to the
employee.
(d) With respect to any injury occurring on and after April 1, 1955,
and prior to April 1, 1957, the maximum compensation exclusive of
medical benefits, which shall be paid for an injury under any provisions
of this law or under any combination of its provisions shall not exceed
twelve thousand five hundred dollars ($12,500) in any case. With
respect to any injury occurring on and after April 1, 1957 and prior to
April 1, 1963, the maximum compensation exclusive of medical
benefits, which shall be paid for an injury under any provision of this
law or under any combination of its provisions shall not exceed fifteen
thousand dollars ($15,000) in any case. With respect to any injury
occurring on and after April 1, 1963, and prior to April 1, 1965, the
maximum compensation exclusive of medical benefits, which shall be
paid for an injury under any provision of this law or under any
combination of its provisions shall not exceed sixteen thousand five
hundred dollars ($16,500) in any case. With respect to any injury
occurring on and after April 1, 1965, and prior to April 1, 1967, the
maximum compensation exclusive of medical benefits which shall be
paid for any injury under any provision of this law or any combination
of provisions shall not exceed twenty thousand dollars ($20,000) in any
case. With respect to any injury occurring on and after April 1, 1967,
and prior to July 1, 1971, the maximum compensation exclusive of
medical benefits which shall be paid for an injury under any provision
of this law or any combination of provisions shall not exceed
twenty-five thousand dollars ($25,000) in any case. With respect to any
injury occurring on and after July 1, 1971, and prior to July 1, 1974, the
maximum compensation exclusive of medical benefits which shall be
paid for any injury under any provision of this law or any combination
of provisions shall not exceed thirty thousand dollars ($30,000) in any
case. With respect to any injury occurring on and after July 1, 1974,
and before July 1, 1976, the maximum compensation exclusive of
medical benefits which shall be paid for an injury under any provision
of this law or any combination of provisions shall not exceed forty-five thousand dollars ($45,000) in any case. With respect to an injury occurring on and after July 1, 1976, and before July 1, 1977, the maximum compensation, exclusive of medical benefits, which shall be paid for any injury under any provision of this law or any combination of provisions shall not exceed fifty-two thousand dollars ($52,000) in any case. With respect to any injury occurring on and after July 1, 1977, and before July 1, 1979, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provision of this law or any combination of provisions may not exceed sixty thousand dollars ($60,000) in any case. With respect to any injury occurring on and after July 1, 1979, and before July 1, 1980, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed sixty-five thousand dollars ($65,000) in any case. With respect to any injury occurring on and after July 1, 1980, and before July 1, 1983, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed seventy thousand dollars ($70,000) in any case. With respect to any injury occurring on and after July 1, 1983, and before July 1, 1984, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed seventy-eight thousand dollars ($78,000) in any case. With respect to any injury occurring on and after July 1, 1984, and before July 1, 1985, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed eighty-three thousand dollars ($83,000) in any case. With respect to any injury occurring on and after July 1, 1985, and before July 1, 1986, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed eighty-nine thousand dollars ($89,000) in any case. With respect to any injury occurring on and after July 1, 1986, and before July 1, 1988, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed ninety-five thousand dollars ($95,000) in any case. With respect to any injury occurring on and after July 1, 1988, and before July 1, 1989, the maximum compensation, exclusive of medical benefits, which may be paid for an injury under any provisions of this law or any combination of provisions may not exceed one hundred twenty-eight
thousand dollars ($128,000) in any case.
With respect to any injury occurring on and after July 1, 1989, and
before July 1, 1990, the maximum compensation, exclusive of medical
benefits, which may be paid for an injury under any provisions of this
law or any combination of provisions may not exceed one hundred
thirty-seven thousand dollars ($137,000) in any case.
With respect to any injury occurring on and after July 1, 1990, and
before July 1, 1991, the maximum compensation, exclusive of medical
benefits, which may be paid for an injury under any provisions of this
law or any combination of provisions may not exceed one hundred
forty-seven thousand dollars ($147,000) in any case.
With respect to any injury occurring on and after July 1, 1991, and
before July 1, 1992, the maximum compensation, exclusive of medical
benefits, that may be paid for an injury under any provisions of this law
or any combination of provisions may not exceed one hundred
sixty-four thousand dollars ($164,000) in any case.
With respect to any injury occurring on and after July 1, 1992, and
before July 1, 1993, the maximum compensation, exclusive of medical
benefits, that may be paid for an injury under any provisions of this law
or any combination of provisions may not exceed one hundred eighty
thousand dollars ($180,000) in any case.
With respect to any injury occurring on and after July 1, 1993, and
before July 1, 1994, the maximum compensation, exclusive of medical
benefits, that may be paid for an injury under any provisions of this law
or any combination of provisions may not exceed one hundred
ninety-seven thousand dollars ($197,000) in any case.
With respect to any injury occurring on and after July 1, 1994, and
before July 1, 1997, the maximum compensation, exclusive of medical
benefits, which may be paid for an injury under any provisions of this
law or any combination of provisions may not exceed two hundred
fourteen thousand dollars ($214,000) in any case.
(e) The maximum compensation, exclusive of medical benefits,
subject to IC 22-3-2-8, 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,
two hundred ninety-four thousand dollars ($294,000).
this chapter, a school to work student's average weekly wage is
presumed to be equal to the federal minimum wage.
(d) A school to work student is not entitled to the following
compensation under this chapter:
(1) Temporary total disability compensation under section 16 of
this chapter.
(2) Temporary partial disability compensation under section 19 of
this chapter.
(e) Except for remedies available under IC 5-2-6.1, recovery under
subsection (b) is the exclusive right and remedy for:
(1) a school to work student; and
(2) the personal representatives, dependents, or next of kin, at
common law or otherwise, of a school to work student;
on account of disablement or death by occupational disease arising out
of and in the course of school to work employment.
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; or
(6) the employee returns to work with limitations or
restrictions, and the employer converts temporary total
disability or temporary partial disability compensation into
disabled from trade compensation under section 16.5 of this
chapter.
In all other cases the employer must notify the employee in writing of
the employer's intent to terminate the payment of temporary total
disability benefits, and of the availability of employment, if any, on a
form approved by the board. If the employee disagrees with the
proposed termination, the employee must give written notice of
disagreement to the board and the employer within seven (7) days after
receipt of the notice of intent to terminate benefits. If the board and
employer do not receive a notice of disagreement under this section,
the employee's temporary total disability benefits shall be terminated.
Upon receipt of the notice of disagreement, the board shall immediately
contact the parties, which may be by telephone or other means and
attempt to resolve the disagreement. If the board is unable to resolve
the disagreement within ten (10) days of receipt of the notice of
disagreement, the board shall immediately arrange for an evaluation of
the employee by an independent medical examiner. The independent
medical examiner shall be selected by mutual agreement of the parties
or, if the parties are unable to agree, appointed by the board under
IC 22-3-4-11. If the independent medical examiner determines that the
employee is no longer temporarily disabled or is still temporarily
disabled but can return to employment that the employer has made
available to the employee, or if the employee fails or refuses to appear
for examination by the independent medical examiner, temporary total
disability benefits may be terminated. If either party disagrees with the
opinion of the independent medical examiner, the party shall apply to
the board for a hearing under 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.
as a part of the maximum period allowed for partial disability.
For disablements occurring on and after July 1, 1974, from
occupational disease resulting in temporary partial disability for work
there shall be paid to the disabled employee during such disability a
weekly compensation equal to sixty-six and two-thirds percent (66
2/3%) of the difference between the employee's average weekly wages,
as defined in section 19 of this chapter, and the weekly wages at which
he 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 the employee's average
weekly wages not to exceed one hundred dollars ($100) average weekly
wages, for the period stated for such disabilities respectively.
For disabilities occurring on and after July 1, 1977, and before July
1, 1979, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits not exceeding
twenty-six (26) weeks on account of the occupational disease a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages, not to exceed one hundred twenty-five dollars ($125) average
weekly wages, for the period stated for the disabilities.
For disabilities occurring on and after July 1, 1979, and before July
1, 1988, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits, not exceeding
fifty-two (52) weeks on account of the occupational disease, a weekly
compensation of sixty percent (60%) of the employee's average weekly
wages, not to exceed one hundred twenty-five dollars ($125) average
weekly wages, for the period stated for the disabilities.
For disabilities occurring on and after July 1, 1988, and before July
1, 1989, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits, not exceeding
seventy-eight (78) weeks on account of the occupational disease, a
weekly compensation of sixty percent (60%) of the employee's average
weekly wages, not to exceed one hundred sixty-six dollars ($166)
average weekly wages, for the period stated for the disabilities.
For disabilities occurring on and after July 1, 1989, and before July
1, 1990, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits, not exceeding
seventy-eight (78) weeks on account of the occupational disease, a
weekly compensation of sixty percent (60%) of the employee's average
weekly wages, not to exceed one hundred eighty-three dollars ($183)
average weekly wages, for the period stated for the disabilities.
For disabilities occurring on and after July 1, 1990, and before July
1, 1991, from occupational disease in the following schedule, the
employee shall receive in addition to disability benefits, not exceeding
seventy-eight (78) weeks on account of the occupational disease, a
weekly compensation of sixty percent (60%) of the employee's average
weekly wages, not to exceed two hundred dollars ($200) average
weekly wages, for the period stated for the disabilities.
(1) Amputations: For the loss by separation, of the thumb, sixty
(60) weeks; of the index finger, forty (40) weeks; of the second
finger, thirty-five (35) weeks; of the third or ring finger, thirty
(30) weeks; of the fourth or little finger, twenty (20) weeks; of the
hand by separation below the elbow, two hundred (200) weeks; of
the arm above the elbow joint, two hundred fifty (250) weeks; of
the big toe, sixty (60) weeks; of the second toe, thirty (30) weeks;
of the third toe, twenty (20) weeks; of the fourth toe, fifteen (15)
weeks; of the fifth or little toe, ten (10) weeks; of the foot below
the knee joint, one hundred fifty (150) weeks; and of the leg
above the knee joint, two hundred (200) weeks. The loss of more
than one (1) phalange of a thumb or toe shall be considered as the
loss of the entire thumb or toe. The loss of more than two (2)
phalanges of a finger shall be considered as the loss of the entire
finger. The loss of not more than one (1) phalange of a thumb or
toe shall be considered as the loss of one-half (1/2) of the thumb
or toe and compensation shall be paid for one-half (1/2) of the
period for the loss of the entire thumb or toe. The loss of not more
than two (2) phalanges of a finger shall be considered as the loss
of one-half (1/2) the finger and compensation shall be paid for
one-half (1/2) of the period for the loss of the entire finger.
(2) Loss of Use: The total permanent loss of the use of an arm,
hand, thumb, finger, leg, foot, toe, or phalange shall be considered
as the equivalent of the loss by separation of the arm, hand,
thumb, finger, leg, foot, toe, or phalange and the compensation
shall be paid for the same period as for the loss thereof by
separation.
(3) Partial Loss of Use: For the permanent partial loss of the use
of an arm, hand, thumb, finger, leg, foot, toe, or phalange,
compensation shall be paid for the proportionate loss of the use of
such arm, hand, thumb, finger, leg, foot, toe, or phalange.
(4) For disablements for occupational disease resulting in total
permanent disability, five hundred (500) weeks.
(5) For the loss of both hands, or both feet, or the total sight of
both eyes, or any two (2) of such losses resulting from the same
disablement by occupational disease, five hundred (500) weeks.
(6) For the permanent and complete loss of vision by enucleation
of an eye or its reduction to one-tenth (1/10) of normal vision with
glasses, one hundred fifty (150) weeks, and for any other
permanent reduction of the sight of an eye, compensation shall be
paid for a period proportionate to the degree of such permanent
reduction without correction or glasses. However, when such
permanent reduction without correction or glasses would result in
one hundred percent (100%) loss of vision, but correction or
glasses would result in restoration of vision, then compensation
shall be paid for fifty percent (50%) of such total loss of vision
without glasses plus an additional amount equal to the
proportionate amount of such reduction with glasses, not to
exceed an additional fifty percent (50%).
(7) For the permanent and complete loss of hearing, two hundred
(200) weeks.
(8) In all other cases of permanent partial impairment,
compensation proportionate to the degree of such permanent
partial impairment, in the discretion of the worker's compensation
board, not exceeding five hundred (500) weeks.
(9) In all cases of permanent disfigurement, which may impair the
future usefulness or opportunities of the employee, compensation
in the discretion of the worker's compensation board, not
exceeding two hundred (200) weeks, except that no compensation
shall be payable under this paragraph where compensation shall
be payable under subdivisions (1) through (8). Where
compensation for temporary total disability has been paid, this
amount of compensation shall be deducted from any
compensation due for permanent disfigurement.
With respect to disablements in the following schedule occurring on
and after July 1, 1991, the employee shall receive in addition to
temporary total disability benefits, not exceeding one hundred
twenty-five (125) weeks on account of the disablement, compensation
in an amount determined under the following schedule to be paid
weekly at a rate of sixty-six and two-thirds percent (66 2/3%) of the
employee's average weekly wages during the fifty-two (52) weeks
immediately preceding the week in which the disablement occurred:
(1) Amputation: For the loss by separation of the thumb, twelve
(12) degrees of permanent impairment; of the index finger, eight
(8) degrees of permanent impairment; of the second finger, seven
(7) degrees of permanent impairment; of the third or ring finger,
six (6) degrees of permanent impairment; of the fourth or little
finger, four (4) degrees of permanent impairment; of the hand by
separation below the elbow joint, forty (40) degrees of permanent
impairment; of the arm above the elbow, fifty (50) degrees of
permanent impairment; of the big toe, twelve (12) degrees of
permanent impairment; of the second toe, six (6) degrees of
permanent impairment; of the third toe, four (4) degrees of
permanent impairment; of the fourth toe, three (3) degrees of
permanent impairment; of the fifth or little toe, two (2) degrees of
permanent impairment; of separation of the foot below the knee
joint, thirty-five (35) degrees of permanent impairment; and of the
leg above the knee joint, forty-five (45) degrees of permanent
impairment.
(2) Amputations occurring on or after July 1, 1997: For the loss
by separation of any of the body parts described in subdivision (1)
on or after July 1, 1997, the dollar values per degree applying on
the date of the injury as described in subsection (h) shall be
multiplied by two (2). However, the doubling provision of this
subdivision does not apply to a loss of use that is not a loss by
separation.
(3) The loss of more than one (1) phalange of a thumb or toe shall
be considered as the loss of the entire thumb or toe. The loss of
more than two (2) phalanges of a finger shall be considered as the
loss of the entire finger. The loss of not more than one (1)
phalange of a thumb or toe shall be considered as the loss of
one-half (1/2) of the degrees of permanent impairment for the loss
of the entire thumb or toe. The loss of not more than one (1)
phalange of a finger shall be considered as the loss of one-third
(1/3) of the finger and compensation shall be paid for one-third
(1/3) of the degrees payable for the loss of the entire finger. The
loss of more than one (1) phalange of the finger but not more than
two (2) phalanges of the finger shall be considered as the loss of
one-half (1/2) of the finger and compensation shall be paid for
one-half (1/2) of the degrees payable for the loss of the entire
finger.
(4) For the loss by separation of both hands or both feet or the
total sight of both eyes or any two (2) such losses in the same
accident, one hundred (100) degrees of permanent impairment.
(5) For the permanent and complete loss of vision by enucleation
or its reduction to one-tenth (1/10) of normal vision with glasses,
thirty-five (35) degrees of permanent impairment.
(6) For the permanent and complete loss of hearing in one (1) ear,
fifteen (15) degrees of permanent impairment, and in both ears,
forty (40) degrees of permanent impairment.
(7) For the loss of one (1) testicle, 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) With respect to disablements occurring on and after July 1,
1991, compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the disablement
determined under subsection (d) and the following:
(1) With respect to disablements occurring on and after July 1,
1991, and before July 1, 1992, for each degree of permanent
impairment from one (1) to thirty-five (35), five hundred dollars
($500) per degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), nine hundred dollars ($900) per
degree; for each degree of permanent impairment above fifty (50),
one thousand five hundred dollars ($1,500) per degree.
(2) With respect to disablements occurring on and after July 1,
1992, and before July 1, 1993, for each degree of permanent
impairment from one (1) to twenty (20), five hundred dollars
($500) per degree; for each degree of permanent impairment from
twenty-one (21) to thirty-five (35), eight hundred dollars ($800)
per degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), one thousand three hundred dollars
($1,300) per degree; for each degree of permanent impairment
above fifty (50), one thousand seven hundred dollars ($1,700) per
degree.
(3) With respect to disablements occurring on and after July 1,
1993, and before July 1, 1997, for each degree of permanent
impairment from one (1) to ten (10), five hundred dollars ($500)
per degree; for each degree of permanent impairment from eleven
(11) to twenty (20), seven hundred dollars ($700) per degree; for
each degree of permanent impairment from twenty-one (21) to
thirty-five (35), one thousand dollars ($1,000) per degree; for
each degree of permanent impairment from thirty-six (36) to fifty
(50), one thousand four hundred dollars ($1,400) per degree; for
each degree of permanent impairment above fifty (50), one
thousand seven hundred dollars ($1,700) per degree.
(4) With respect to disablements occurring on and after July 1,
1997, and before July 1, 1998, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment from
eleven (11) 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, 2002, 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, 2002, and before July 1, 2003, for each degree of permanent
impairment from one (1) to ten (10), two thousand fifty
dollars ($2,050) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), two thousand
seven hundred dollars ($2,700) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), three
thousand three hundred dollars ($3,300) per degree; for each
degree of permanent impairment above fifty (50), three
thousand nine hundred dollars ($3,900) per degree.
(10) With respect to disablements occurring on and after July
1, 2003, for each degree of permanent impairment from one
(1) to ten (10), two thousand four hundred dollars ($2,400) per
degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), three thousand seventy-five dollars
($3,075) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), three thousand
seven hundred seventy-five dollars ($3,775) per degree; for
each degree of permanent impairment above fifty (50), four
thousand five hundred twenty-five dollars ($4,525) per degree.
(i) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections (g)
and (h) shall not exceed the following:
(1) With respect to disablements occurring on or after July 1,
1991, and before July 1, 1992, four hundred ninety-two dollars
($492).
(2) With respect to disablements occurring on or after July 1,
1992, and before July 1, 1993, five hundred forty dollars ($540).
a previously sustained permanent impairment from an occupational
disease or physical condition regardless of the source or cause of such
previously sustained impairment from an occupational disease or
physical condition, the board shall determine the extent of the
previously sustained permanent impairment from an occupational
disease or physical condition as well as the extent of the aggravation or
increase resulting from the subsequent permanent impairment or
disability, and shall award compensation only for that part of said
occupational disease or physical condition resulting from the
subsequent permanent impairment. An amputation of any part of the
body or loss of any or all of the vision of one (1) or both eyes caused by
an occupational disease shall be considered as a permanent impairment
or physical condition.
(l) If an employee suffers a disablement from occupational disease
for which compensation is payable while the employee is still receiving
or entitled to compensation for a previous injury by accident or
disability by occupational disease in the same employment, he 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); but the employee
shall be entitled to compensation for that disability and from the time
of that disability which will cover the longest period and the largest
amount payable under this chapter.
(m) If an employee receives a permanent disability from
occupational disease such as specified in subsection (g)(1), (g)(4),
(g)(5), (g)(8), or (g)(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. When an employee has been awarded or is
entitled to an award of compensation for a definite period from an
occupational disease wherein disablement occurs on and after April 1,
1963, and such employee dies from other causes than such
occupational disease, payment of the unpaid balance of such
compensation not exceeding three hundred fifty (350) weeks shall be
paid to the employee's dependents of the second and third class as
defined in sections 11 through 14 of this chapter and compensation, not
exceeding five hundred (500) weeks shall be made to the employee's
dependents of the first class as defined in sections 11 through 14 of this
chapter.
(o) Any payment made by the employer to the employee during the
period of the employee's disability, or to the employee's dependents,
which, by the terms of this chapter, was not due and payable when
made, may, subject to the approval of the worker's compensation board,
be deducted from the amount to be paid as compensation, but such
deduction shall be made from the distal end of the period during which
compensation must be paid, except in cases of temporary disability.
(p) When so provided in the compensation agreement or in the
award of the worker's compensation board, compensation may be paid
semimonthly, or monthly, instead of weekly.
(q) When the aggregate payments of compensation awarded by
agreement or upon hearing to an employee or dependent under eighteen
(18) years of age do not exceed one hundred dollars ($100), the
payment thereof may be made directly to such employee or dependent,
except when the worker's compensation board shall order otherwise.
Whenever the aggregate payments of compensation, due to any
person under eighteen (18) years of age, exceed one hundred dollars
($100), the payment thereof shall be made to a trustee, appointed by the
circuit or superior court, or to a duly qualified guardian, or, upon the
order of the worker's compensation board, to a parent or to such minor
person. The payment of compensation, due to any person eighteen (18)
years of age or over, may be made directly to such person.
(r) If an employee, or a dependent, is mentally incompetent, or a
minor at the time when any right or privilege accrues to the employee
under this chapter, the employee's guardian or trustee may, in the
employee's behalf, claim and exercise such right and privilege.
(s) All compensation payments named and provided for in this
section, shall mean and be defined to be for only such occupational
diseases and disabilities therefrom as are proved by competent
evidence, of which there are or have been objective conditions or
symptoms proven, not within the physical or mental control of the
employee himself.
(t) Each payment of monetary compensation due under this
section shall be reduced by fifteen percent (15%) for an
occupational disease or death resulting from an occupational
disease caused in any degree by the employee's intentional:
(1) failure to use a safety appliance furnished by the
employer; or
(2) failure to obey a lawful order or administrative regulation
of:
(A) the worker's compensation board; or
(B) the employer;
for the safety of the employees or the public.
(u) Each payment of monetary compensation allowed under this
section shall be increased by thirty percent (30%) for an
occupational disease or a death resulting from an occupational
disease caused in any degree by the employer's intentional failure
to comply with a statute or administrative regulation regarding
safety methods or installation or maintenance of safety appliances
that has been communicated to the employer.
providing coverage to employers who are or may be liable
under this article to pay compensation for personal injuries to
or for the death of one (1) of their employees from an
occupational disease; and
(2) each employer carrying the employer's own risk for
personal injuries to or the death of one (1) of their employees
from an occupational disease;
stating that an assessment is necessary. The board may conduct an
assessment under this subsection not more than one (1) time
annually. Every insurance carrier insuring employers who are or
may be liable under this article to pay compensation for
disablement or death from occupational diseases of their employees
under this article and every employer carrying the employer's own
risk shall, not later than thirty (30) days after receiving notice from
the board, pay to the worker's compensation board for the benefit
of a fund to be known as the occupational disease second injury
fund. The payment shall be in a sum equal to one and one-half
percent (1.5%) of the total amount of all payments under this
chapter for occupational diseases paid to employees with
occupational diseases or their beneficiaries under this chapter for
the calendar year next preceding the due date of the payment. If
the amount to the credit of the occupational diseases second injury
fund as of October 1 of any year exceeds one million dollars
($1,000,000), the payments of one and one-half percent (1.5%) shall
not be assessed or collected during the ensuing year. However, if on
October 1 of any year the amount to the credit of the fund is less
than one million dollars ($1,000,000), the payments of one and
one-half percent (1.5%) of the total amount of all payments under
this chapter for occupational diseases paid to employees with
occupational diseases or their beneficiaries under this chapter for
the calendar year next preceding that date shall be resumed and
paid into the fund.
(d) The board shall enter into a contract with an actuary or
another qualified firm that has experience in calculating worker's
compensation liabilities. Not later than September 1 of each year,
the actuary or other qualified firm shall calculate the
recommended funding level of the fund based on the previous
year's claims and inform the board of the results of the calculation.
If the amount to the credit of the fund is less than the amount
required under subsection (c), the board may conduct an
assessment under subsection (c). The board shall pay the costs of
the contract under this subsection with money in the fund.
employee's disablement from occupational disease, not to exceed
the maximum then applicable under section 19 of this chapter for
a period not to exceed one hundred fifty (150) weeks upon
competent evidence sufficient to establish:
(1) that the employee is totally and permanently disabled from
an occupational disease of which there are or have been
objective conditions and symptoms proven that are not within
the physical or mental control of the employee; and
(2) that the employee is unable to support the employee in any
gainful employment, not associated with rehabilitative or
vocational therapy.
(i) The additional award may be renewed during the employee's
total and permanent disability after appropriate hearings by the
worker's compensation board for successive periods not to exceed
one hundred fifty (150) weeks each.
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 disablements occupational diseases 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 disablements occupational diseases occurring
on and after July 1, 2002, and before July 1, 2003:
(A) not more than eight hundred eighty-two dollars ($882);
and
(B) not less than seventy-five dollars ($75); and
(7) with respect to occupational diseases occurring on and
after July 1, 2003:
(A) not more than nine hundred forty-two dollars ($942);
and
(B) not less than seventy-five dollars ($75).
(l) The maximum compensation that shall be paid for occupational
disease and its results under any one (1) or more provisions of this
chapter with respect to disability or death occurring:
(1) on and after July 1, 1974, and before July 1, 1976, shall not
exceed forty-five thousand dollars ($45,000) in any case;
(2) on and after July 1, 1976, and before July 1, 1977, shall not
exceed fifty-two thousand dollars ($52,000) in any case;
(3) on and after July 1, 1977, and before July 1, 1979, may not
exceed sixty thousand dollars ($60,000) in any case;
(4) on and after July 1, 1979, and before July 1, 1980, may not
exceed sixty-five thousand dollars ($65,000) in any case;
(5) on and after July 1, 1980, and before July 1, 1983, may not
exceed seventy thousand dollars ($70,000) in any case;
(6) on and after July 1, 1983, and before July 1, 1984, may not
exceed seventy-eight thousand dollars ($78,000) in any case; and
(7) on and after July 1, 1984, and before July 1, 1985, may not
exceed eighty-three thousand dollars ($83,000) in any case.
(m) The maximum compensation with respect to disability or death
occurring on and after July 1, 1985, and before July 1, 1986, 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 eighty-nine thousand dollars ($89,000) in any case.
The maximum compensation with respect to disability or death
occurring on and after July 1, 1986, and before July 1, 1988, which
shall be paid for occupational disease and the results thereof under the
provisions of this chapter or under any combination of its provisions
may not exceed ninety-five thousand dollars ($95,000) in any case. The
maximum compensation with respect to disability or death occurring
on and after July 1, 1988, and before July 1, 1989, that shall be paid for
occupational disease and the results thereof under this chapter or under
any combination of its provisions may not exceed one hundred
twenty-eight thousand dollars ($128,000) in any case.
(n) The maximum compensation with respect to disability or death
occurring on and after July 1, 1989, and before July 1, 1990, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of its provisions may not exceed one
hundred thirty-seven thousand dollars ($137,000) in any case.
(o) The maximum compensation with respect to disability or death
occurring on and after July 1, 1990, and before July 1, 1991, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of its provisions may not exceed one
hundred forty-seven thousand dollars ($147,000) in any case.
(p) The maximum compensation with respect to disability or death
occurring on and after July 1, 1991, and before July 1, 1992, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of the provisions of this chapter may
not exceed one hundred sixty-four thousand dollars ($164,000) in any
case.
(q) The maximum compensation with respect to disability or death
occurring on and after July 1, 1992, and before July 1, 1993, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of the provisions of this chapter may
not exceed one hundred eighty thousand dollars ($180,000) in any case.
(r) The maximum compensation with respect to disability or death
occurring on and after July 1, 1993, and before July 1, 1994, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of the provisions of this chapter may
not exceed one hundred ninety-seven thousand dollars ($197,000) in
any case.
(s) The maximum compensation with respect to disability or death
occurring on and after July 1, 1994, and before July 1, 1997, that shall
be paid for occupational disease and the results thereof under this
chapter or under any combination of the provisions of this chapter may
not exceed two hundred fourteen thousand dollars ($214,000) in any
case.
(t) The maximum compensation that shall be paid for occupational
disease and the results of an occupational disease under this chapter or
under any combination of the provisions of this chapter, subject to
section 21 of this chapter, may not exceed the following amounts in
any case:
(1) With respect to disability or death occurring on and after July
1, 1997, and before July 1, 1998, two hundred twenty-four
thousand dollars ($224,000).
(2) With respect to disability or death occurring on and after July
1, 1998, and before July 1, 1999, two hundred thirty-four
thousand dollars ($234,000).
(3) With respect to disability or death occurring on and after July
1, 1999, and before July 1, 2000, two hundred forty-four thousand
dollars ($244,000).
(4) With respect to disability or death occurring on and after July
1, 2000, and before July 1, 2001, two hundred fifty-four thousand
dollars ($254,000).
(5) With respect to disability or death occurring on and after July
1, 2001, and before July 1, 2002, two hundred seventy-four
thousand dollars ($274,000).
(6) With respect to disability or death occurring on and after July
1, 2002, two hundred ninety-four thousand dollars ($294,000).
(u) For all disabilities occurring before July 1, 1985, "average
weekly wages" shall mean the earnings of the injured employee in the
employment in which the employee was working at the time of the last
exposure during the period of fifty-two (52) weeks immediately
preceding the last day of the last exposure divided by fifty-two (52). If
the employee lost seven (7) or more calendar days during the period,
although not in the same week, then the earnings for the remainder of
the fifty-two (52) weeks shall be divided by the number of weeks and
parts thereof remaining after the time lost has been deducted. Where
the employment prior to the last day of the last exposure extended over
a period of less than fifty-two (52) weeks, the method of dividing the
earnings during that period by the number of weeks and parts thereof
during which the employee earned wages shall be followed if results
just and fair to both parties will be obtained. Where by reason of the
shortness of the time during which the employee has been in the
employment of the employer or of the casual nature or terms of the
employment it is impracticable to compute the average weekly wages
as above defined, regard shall be had to the average weekly amount
which, during the fifty-two (52) weeks previous to the last day of the
last exposure, was being earned by a person in the same grade
employed at the same work by the same employer, or if there is no
person so employed, by a person in the same grade employed in that
same class of employment in the same district. Whenever allowances
of any character are made to an employee in lieu of wages or a
specified part of the wage contract, they shall be deemed a part of the
employee's earnings.
(v) For all disabilities occurring on and after July 1, 1985, "average
weekly wages" means the earnings of the injured employee during the
period of fifty-two (52) weeks immediately preceding the disability
divided by fifty-two (52). If the employee lost seven (7) or more
calendar days during the period, although not in the same week, then
the earnings for the remainder of the fifty-two (52) weeks shall be
divided by the number of weeks and parts of weeks remaining after the
time lost has been deducted. If employment before the date of disability
extended over a period of less than fifty-two (52) weeks, the method of
dividing the earnings during that period by the number of weeks and
parts of weeks during which the employee earned wages shall be
followed if results just and fair to both parties will be obtained. If by
reason of the shortness of the time during which the employee has been
in the employment of the employer or of the casual nature or terms of
the employment it is impracticable to compute the average weekly
wages for the employee, the employee's average weekly wages shall be
considered to be the average weekly amount that, during the fifty-two
(52) weeks before the date of disability, was being earned by a person
in the same grade employed at the same work by the same employer or,
if there is no person so employed, by a person in the same grade
employed in that same class of employment in the same district.
Whenever allowances of any character are made to an employee
instead of wages or a specified part of the wage contract, they shall be
considered a part of the employee's earnings.
(w) The provisions of this article may not be construed to result in
an award of benefits in which the number of weeks paid or to be paid
for temporary total disability, temporary partial disability, or permanent
total disability benefits combined exceeds five hundred (500) weeks.
This section shall not be construed to prevent a person from applying
for an award under IC 22-3-3-13. However, in case of permanent total
disability resulting from a disablement occurring on or after January 1,
1998, the minimum total benefit shall not be less than seventy-five
thousand dollars ($75,000).
(x) Each payment of monetary compensation due under this
section shall be reduced by fifteen percent (15%) for an
occupational disease or a death resulting from an occupational
disease caused in any degree by the employee's intentional:
(1) failure to use a safety appliance furnished by the
employer; or
(2) failure to obey a lawful order or administrative regulation
of:
(A) the worker's compensation board; or
(B) the employer;
for the safety of the employees or the public.
(y) Each payment of monetary compensation allowed under this
section shall be increased by thirty percent (30%) for an
occupational disease or a death resulting from an occupational
disease caused in any degree by the employer's intentional failure
to comply with a statute or administrative regulation regarding
safety methods or installation or maintenance of safety appliances
that has been communicated to the employer.
discretion, and, in the exercise of such discretion, it may, in
proper cases, order a trial de novo. Such amendment shall relate
back to the date of the filing of the original application so
amended.
(c) Upon the filing of such application, the board shall set the date
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
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. Prejudgment interest shall be awarded at a rate
of ten percent (10%) per year accruing from the date of filing of
the application for adjustment of claim as determined under
subsection (a).
(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.
means a claim filed by an individual who has established qualifying
wage credits and who is totally, partially, or part-totally unemployed;
Provided, no individual in a benefit period may file a valid claim for a
waiting period or benefit period rights with respect to any period
subsequent to the expiration of such benefit period.
received as tips or gratuities in accordance with Sections 3102 and
3301 et seq. of the Internal Revenue Code. Wage credits may not
exceed seven thousand nine hundred dollars ($7,900) and may not
include payments that are excluded from the definition of wages under
section 2(b) of this chapter.
(l) For calendar quarters beginning on and after July 1, 2003,
"wage credits" means remuneration paid for employment by an
employer to an individual and remuneration received as tips or
gratuities in accordance with Sections 3102 and 3301 et seq. of the
Internal Revenue Code. Wage credits may not exceed eight
thousand five hundred dollars ($8,500) and may not include
payments that are excluded from the definition of wages under
section 2(b) of this chapter.
Indiana benefits because of insufficient base period wages. The number
and status of dependents shall be determined as of the beginning of the
claimant's benefit period and shall not be changed during that benefit
period.
With respect to initial claims filed for any week beginning on and
after July 6, 1980, the term "dependent" shall include a person with a
disability over eighteen (18) years of age who is a child of the claimant
and who receives more than one-half (1/2) the cost of his support from
the claimant during the ninety (90) day period immediately preceding
the claimant's benefit year beginning date. "Child" includes a natural
child, an adopted child, a stepchild of claimant, if the stepchild is not
receiving aid to dependent children under the welfare program, or a
child placed in the claimant's home for adoption by an authorized
placement agency or a court of law. The term "disabled" means an
individual who by reason of physical or mental defect or infirmity,
whether congenital or acquired by accident, injury, or disease, is totally
or partially prevented from achieving the fullest attainable physical,
social, economic, mental, and vocational participation in the normal
process of living.
For the purpose of this subsection, the term "dependent" includes a
child for whom claimant is the court appointed legal guardian.
On and after July 6, 1980, and before July 7, 1991, if the weekly
benefit amount is less than forty dollars ($40), the board, through the
commissioner, shall pay benefits at the rate of forty dollars ($40) per
week. On and after July 7, 1991, if the weekly benefit amount is less
than fifty dollars ($50), the board, through the commissioner, shall pay
benefits at the rate of fifty dollars ($50) per week. If such weekly
benefit amount is not a multiple of one dollar ($1), it shall be computed
to the next lower multiple of one dollar ($1).
(b) Each eligible individual who is partially or part-totally
unemployed in any week shall be paid with respect to such week a
benefit in an amount equal to his weekly benefit amount, less his
deductible income, if any, for such week. If such partial benefit is not
a multiple of one dollar ($1), it shall be computed to the next lower
multiple of one dollar ($1). Except for an individual who is totally
unemployed, an individual who is not partially or part-totally
unemployed is not eligible for any benefit. The board may prescribe
rules governing the payment of such partial benefits, and may provide,
with respect to individuals whose earnings cannot reasonably be
computed on a weekly basis, that such benefits may be computed and
paid on other than a weekly basis; however, such rules shall secure
results reasonably equivalent to those provided in the analogous
provisions of this section.
(c) The weekly extended benefit amount payable to an individual for
a week of total unemployment in the individual's eligibility period shall
be an amount equal to the weekly benefit amount payable to the
individual during the individual's applicable benefit period, prior to any
reduction of such weekly benefit amount.
(d) With respect to initial claims filed for any week beginning on
and after July 7, 1991, and before July 1, 1995, each eligible individual
who is totally unemployed (as defined in IC 22-4-3-1) in any week in
the individual's benefit period shall be paid for the week, if properly
claimed, benefits at the rate of:
(1) five percent (5%) of the first one thousand dollars ($1,000) of
the individual's wage credits in the calendar quarter during the
individual's base period in which the wage credits were highest;
and
(2) four percent (4%) of the individual's remaining wage credits
in the calendar quarter during the individual's base period in
which the wage credits were highest.
However, the weekly benefit amount may not exceed the amount
specified in subsections (e) through (i).
(e) With respect to initial claims filed for any week beginning on
and after July 7, 1991, and before July 5, 1992, the weekly benefit
amount may not exceed:
(1) one hundred sixteen dollars ($116) if the eligible and qualified
individual has no dependents;
(2) one hundred thirty-four dollars ($134) if the eligible and
qualified individual has one (1) dependent;
(3) one hundred fifty-three dollars ($153) if the eligible and
qualified individual has two (2) dependents; or
(4) one hundred seventy-one dollars ($171) if the eligible and
qualified individual has three (3) or more dependents.
(f) With respect to initial claims filed for any week beginning on
and after July 5, 1992, and before July 4, 1993, the weekly benefit
amount may not exceed:
(1) one hundred forty dollars ($140) if the eligible and qualified
individual has no dependents;
(2) one hundred sixty dollars ($160) if the eligible and qualified
individual has one (1) dependent; or
(3) one hundred eighty-one dollars ($181) if the eligible and
qualified individual has two (2) or more dependents.
(g) With respect to initial claims filed for any week beginning on
and after July 4, 1993, and before July 3, 1994, the weekly benefit
amount may not exceed:
(1) one hundred seventy dollars ($170) if the eligible and
qualified individual has no dependents; or
(2) one hundred ninety-two dollars ($192) if the eligible and
qualified individual has one (1) or more dependents.
(h) With respect to initial claims filed for any week beginning on or
after July 3, 1994, and before July 1, 1995, the weekly benefit amount
may not exceed two hundred two dollars ($202).
(i) With respect to initial claims filed for any week on or after July
1, 1995, the weekly benefit amount will equal the amount that results
from applying the percentages provided in subsections (j) through (k)
(l) to the applicable maximum wage credits under IC 22-4-4-3.
(j) With respect to initial claims filed for any week beginning on and
after July 1, 1995, and before July 1, 1997, each eligible individual who
is totally unemployed (as defined in IC 22-4-3-1) in any week in the
individual's benefit period shall be paid for the week, if properly
claimed, benefits at the rate of:
(1) five percent (5%) of the first one thousand seven hundred fifty
dollars ($1,750) of the individual's wage credits in the calendar
quarter during the individual's base period in which the wage
credits were highest; and
(2) four percent (4%) of the individual's remaining wage credits
in the calendar quarter during the individual's base period in
which the wage credits were highest.
However, the weekly benefit amount may not exceed the amount
specified in subsection (i).
(k) With respect to initial claims filed for any week beginning on
and after July 1, 1997, and before July 1, 2004, each eligible
individual who is totally unemployed (as defined in IC 22-4-3-1) in any
week in the individual's benefit period shall be paid for the week, if
properly claimed, benefits at the rate of:
(1) five percent (5%) of the first two thousand dollars ($2,000) of
the individual's wage credits in the calendar quarter during the
individual's base period in which the wage credits were highest;
and
(2) four percent (4%) of the individual's remaining wage credits
in the calendar quarter during the individual's base period in
which the wage credits were highest.
(l) With respect to initial claims filed for any week beginning on
and after July 1, 2004, each eligible individual who is totally
unemployed (as defined in IC 22-4-3-1) in any week in the
individual's benefit period shall be paid if properly claimed
according to the following:
(1) The weekly benefit amount shall be four and one-sixth
percent (4 1/6%) of the average quarterly wages of the
individual's total wages during the two (2) quarters of the
individual's base year in which the individual's total wages
were highest.
(2) The following maximum and minimum amounts payable
each week shall be determined as of June 30 of each year in
order to apply to a benefit year beginning in the twelve (12)
month period immediately following June 30:
(A) The maximum amount payable each week shall be fifty
percent (50%) of the average weekly wage for the period
beginning January 1 and ending June 30 of the current
year.
(B) The minimum amount payable each week shall be
fifteen percent (15%) of the average weekly wage for the
period beginning January 1 and ending June 30 of the
current year.
rights for the week in which the disqualifying separation occurred and
until the individual has earned remuneration in employment equal to
or exceeding the weekly benefit amount of the individual's claim in
each of eight (8) weeks. If the qualification amount has not been earned
at the expiration of an individual's benefit period, the unearned amount
shall be carried forward to an extended benefit period or to the benefit
period of a subsequent claim.
(b) When it has been determined that an individual has been
separated from employment under disqualifying conditions as outlined
in this section, the maximum benefit amount of his the individual's
current claim, as initially determined, shall be reduced by twenty-five
percent (25%). If twenty-five percent (25%) of the maximum benefit
amount is not an even dollar amount, the amount of such reduction will
be raised to the next higher even dollar amount. The maximum benefit
amount may not be reduced by more than twenty-five percent (25%)
during any benefit period or extended benefit period.
(c) The disqualifications provided in this section shall be subject to
the following modifications:
(1) An individual shall not be subject to disqualification because
of separation from the individual's employment if:
(A) the individual left to accept with another employer
previously secured permanent full-time work which offered
reasonable expectation of continued covered employment and
betterment of wages or working conditions; and thereafter was
employed on said job;
(B) having been simultaneously employed by two (2)
employers, the individual leaves one (1) such employer
voluntarily without good cause in connection with the work
but remains in employment with the second employer with a
reasonable expectation of continued employment; or
(C) the individual left to accept recall made by a base period
employer.
(2) An individual whose unemployment is the result of medically
substantiated physical disability and who is involuntarily
unemployed after having made reasonable efforts to maintain the
employment relationship shall not be subject to disqualification
under this section for such separation.
(3) An individual who left work to enter the armed forces of the
United States shall not be subject to disqualification under this
section for such leaving of work.
(4) An individual whose employment is terminated under the
compulsory retirement provision of a collective bargaining
agreement to which the employer is a party, or under any other
plan, system, or program, public or private, providing for
compulsory retirement and who is otherwise eligible shall not be
deemed to have left the individual's work voluntarily without
good cause in connection with the work. However, if such
individual subsequently becomes reemployed and thereafter
voluntarily leaves work without good cause in connection with the
work, the individual shall be deemed ineligible as outlined in this
section.
(5) An otherwise eligible individual shall not be denied benefits
for any week because the individual is in training approved under
Section 236(a)(1) of the Trade Act of 1974, nor shall the
individual be denied benefits by reason of leaving work to enter
such training, provided the work left is not suitable employment,
or because of the application to any week in training of provisions
in this law (or any applicable federal unemployment
compensation law), relating to availability for work, active search
for work, or refusal to accept work. For purposes of this
subdivision, the term "suitable employment" means with respect
to an individual, work of a substantially equal or higher skill level
than the individual's past adversely affected employment (as
defined for purposes of the Trade Act of 1974), and wages for
such work at not less than eighty percent (80%) of the individual's
average weekly wage as determined for the purposes of the Trade
Act of 1974.
(6) An individual is not subject to disqualification because of
separation from the individual's employment if:
(A) the employment was outside the individual's labor market;
(B) the individual left to accept previously secured full-time
work with an employer in the individual's labor market; and
(C) the individual actually became employed with the
employer in the individual's labor market.
(7) An individual who, but for the voluntary separation to move
to another labor market to join a spouse who had moved to that
labor market, shall not be disqualified for that voluntary
separation, if the individual is otherwise eligible for benefits.
Benefits paid to the spouse whose eligibility is established under
this subdivision shall not be charged against the employer from
whom the spouse voluntarily separated.
(8) An individual who is an affected employee (as defined in
IC 22-4-43-1(1)) and is subject to the work sharing
unemployment insurance program under IC 22-4-43 is not
disqualified for participating in the work sharing
unemployment insurance program.
As used in this subsection, "labor market" means the area surrounding
an individual's permanent residence, outside which the individual
cannot reasonably commute on a daily basis. In determining whether
an individual can reasonably commute under this subdivision, the
department shall consider the nature of the individual's job.
(d) "Discharge for just cause" as used in this section is defined to
include but not be limited to:
(1) separation initiated by an employer for falsification of an
employment application to obtain employment through
subterfuge;
(2) knowing violation of a reasonable and uniformly enforced rule
of an employer;
(3) unsatisfactory attendance, if the individual cannot show good
cause for absences or tardiness;
(4) damaging the employer's property through willful negligence;
(5) refusing to obey instructions;
(6) reporting to work under the influence of alcohol or drugs or
consuming alcohol or drugs on employer's premises during
working hours;
(7) conduct endangering safety of self or coworkers; or
(8) incarceration in jail following conviction of a misdemeanor or
felony by a court of competent jurisdiction or for any breach of
duty in connection with work which is reasonably owed an
employer by an employee.
United States training and employment service, or an employment
unit; or
(3) to return to the individual's customary self-employment when
directed by the commissioner or the deputy.
(b) With respect to benefit periods established on and after July 6,
1980, the ineligibility shall continue for the week in which the failure
occurs and until the individual earns remuneration in employment
equal to or exceeding the weekly benefit amount of the individual's
claim in each of eight (8) weeks. If the qualification amount has not
been earned at the expiration of an individual's benefit period, the
unearned amount shall be carried forward to an extended benefit period
or to the benefit period of a subsequent claim.
(c) With respect to extended benefit periods established on and after
July 5, 1981, the ineligibility shall continue for the week in which the
failure occurs and until the individual earns remuneration in
employment equal to or exceeding the weekly benefit amount of the
individual's claim in each of four (4) weeks.
(d) If an individual failed to apply for or accept suitable work as
outlined in this section, the maximum benefit amount of the
individual's current claim, as initially determined, shall be reduced by
twenty-five percent (25%). If twenty-five percent (25%) of the
maximum benefit amount is not an even dollar amount, the amount of
such reduction shall be raised to the next higher even dollar amount.
The maximum benefit amount of the individual's current claim may not
be reduced by more than twenty-five percent (25%) during any benefit
period or extended benefit period.
(e) In determining whether or not any such work is suitable for an
individual, the department shall consider:
(1) the degree of risk involved to such individual's health, safety,
and morals;
(2) the individual's physical fitness and prior training and
experience;
(3) the individual's length of unemployment and prospects for
securing local work in the individual's customary occupation; and
(4) the distance of the available work from the individual's
residence.
However, work under substantially the same terms and conditions
under which the individual was employed by a base-period employer,
which is within the individual's prior training and experience and
physical capacity to perform, shall be considered to be suitable work
unless the claimant has made a bona fide change in residence which
makes such offered work unsuitable to the individual because of the
distance involved.
(f) Notwithstanding any other provisions of this article, no work
shall be considered suitable and benefits shall not be denied under this
article to any otherwise eligible individual for refusing to accept new
work under any of the following conditions:
(1) If the position offered is vacant due directly to a strike,
lockout, or other labor dispute.
(2) If the remuneration, hours, or other conditions of the work
offered are substantially less favorable to the individual than
those prevailing for similar work in the locality.
(3) If as a condition of being employed the individual would be
required to join a company union or to resign from or refrain from
joining a bona fide labor organization.
(4) If as a condition of being employed the individual would be
required to discontinue training into which the individual had
entered with the approval of the department.
(g) Notwithstanding subsection (e), with respect to extended benefit
periods established on and after July 5, 1981, "suitable work" means
any work which is within an individual's capabilities. However, if the
individual furnishes evidence satisfactory to the department that the
individual's prospects for obtaining work in the individual's customary
occupation within a reasonably short period are good, the
determination of whether any work is suitable work shall be made as
provided in subsection (e).
(h) With respect to extended benefit periods established on and after
July 5, 1981, no work shall be considered suitable and extended
benefits shall not be denied under this article to any otherwise eligible
individual for refusing to accept new work under any of the following
conditions:
(1) If the gross average weekly remuneration payable to the
individual for the position would not exceed the sum of:
(A) the individual's average weekly benefit amount for the
individual's benefit year; plus
(B) the amount (if any) of supplemental unemployment
compensation benefits (as defined in Section 501(c)(17)(D) of
the Internal Revenue Code) payable to the individual for such
week.
(2) If the position was not offered to the individual in writing or
was not listed with the department of workforce development.
(3) If such failure would not result in a denial of compensation
under the provisions of this article to the extent that such
provisions are not inconsistent with the applicable federal law.
which he the individual receives, is receiving, has received or is
seeking unemployment benefits under an unemployment compensation
law of another state or of the United States. Provided, that However,
this disqualification shall not apply if the appropriate agency of such
other state or of the United States finally determines that he the
individual is not entitled to such employment benefits, including
benefits to federal civilian employees and ex-servicemen pursuant to
5 U.S.C. Chapter 85.
otherwise delivered to the individual, asks a hearing thereon before an
administrative law judge, such determination shall be final and benefits
shall be paid or denied in accordance therewith.
(b) The department shall promptly furnish each employer in the base
period whose experience or reimbursable account is potentially
chargeable with benefits to be paid to such individual with a notice in
writing of the employer's benefit liability. Such notice shall contain the
date, the name and social security account number of the individual,
the ending date of the individual's base period, and the week ending
date of the first week of the individual's benefit period. Such notice
shall further contain information as to the proportion of benefits
chargeable to the employer's experience or reimbursable account in
ratio to the earnings of such individual from such employer. Unless the
employer, within twenty (20) days after such notice of benefit liability
was mailed to the employer's last known address, or otherwise
delivered to the employer, asks a hearing thereon before an
administrative law judge, such determination shall be final and benefits
paid shall be charged in accordance therewith.
(c) An employing unit, including an employer, having knowledge
of any facts which may affect an individual's eligibility or right to
waiting period credits or benefits, shall notify the department of such
facts within twenty (20) days after the mailing of notice that a former
employee has filed an initial or additional claim for benefits on a form
prescribed by the board.
(d) In addition to the foregoing determination of insured status by
the department, the deputy shall, throughout the benefit period,
determine the claimant's eligibility with respect to each week for which
the claimant claims waiting period credit or benefit rights, the validity
of the claimant's claim therefor, and the cause for which the claimant
left the claimant's work, or may refer such claim to an administrative
law judge who shall make the initial determination with respect thereto
in accordance with the procedure in IC 22-4-17-3.
(e) In cases where the claimant's benefit eligibility or
disqualification is disputed, the department shall promptly notify the
claimant and the employer or employers directly involved or connected
with the issue raised as to the validity of such claim, the eligibility of
the claimant for waiting period credit or benefits, or the imposition of
a disqualification period or penalty, or the denial thereof, and of the
cause for which the claimant left the claimant's work, of such
determination and the reasons thereof. Except as otherwise hereinafter
provided in this subsection regarding parties located in Alaska, Hawaii,
and Puerto Rico, unless the claimant or such employer, within twenty
(20) days after such notification was mailed to the claimant's or the
employer's last known address, or otherwise delivered to the claimant
or the employer, asks a hearing before an administrative law judge
thereon, such decision shall be final and benefits shall be paid or
denied in accordance therewith. With respect to notice of disputed
administrative determination or decision mailed or otherwise delivered
to the claimant or employer either of whom is located in Alaska,
Hawaii, or Puerto Rico, unless such claimant or employer, within
twenty-five (25) days after such notification was mailed to the
claimant's or employer's last known address or otherwise delivered to
the claimant or employer, asks a hearing before an administrative law
judge thereon, such decision shall be final and benefits shall be paid or
denied in accordance therewith. If such hearing is desired, the request
therefor shall be filed with the commissioner in writing within the
prescribed periods as above set forth in this subsection and shall be in
such form as the board may prescribe. In the event a hearing is
requested by an employer or the department after it has been
administratively determined that benefits should be allowed to a
claimant, entitled benefits shall continue to be paid to said claimant
unless said administrative determination has been reversed by a due
process hearing. Benefits with respect to any week not in dispute shall
be paid promptly regardless of any appeal.
(f) No A person may not participate on behalf of the department in
any case in which the person is an interested party.
(g) Solely on the ground of obvious administrative error appearing
on the face of an original determination, and within the benefit year of
the affected claims, the commissioner, or a representative authorized
by the commissioner to act in the commissioner's behalf, may
reconsider and direct the deputy to revise the original determination so
as to correct the obvious error appearing therein. Time for filing an
appeal and requesting a hearing before an administrative law judge
regarding the determinations handed down pursuant to this subsection
shall begin on the date following the date of revision of the original
determination and shall be filed with the commissioner in writing
within the prescribed periods as above set forth in subsection (c).
(h) Notice to the employer and the claimant that the determination
of the department is final if a hearing is not requested shall be
prominently displayed on the notice of the determination which is sent
to the employer and the claimant.
months after the effective date of the work sharing plan;
(4) specify the effect that the work sharing plan will have on
the fringe benefits of each employee in the affected unit
including:
(A) health insurance for hospital, medical, dental, and
similar services;
(B) retirement benefits under benefit pension plans as
defined in the federal Employee Retirement Security Act
(29 U.S.C. 1001 et seq.);
(C) holiday and vacation pay;
(D) sick leave; and
(E) similar advantages;
(5) certify that:
(A) each affected employee has been continuously on the
payroll of the employing unit for three (3) months
immediately before the date on which the employing unit
or employer association submits the work sharing plan;
and
(B) the total reduction in normal weekly work hours is in
place of layoffs that would have:
(i) affected at least the number of employees specified in
section 5(1) of this chapter; and
(ii) would have resulted in an equivalent reduction in
work hours; and
(6) contain the written approval of:
(A) the collective bargaining agent for each collective
bargaining agreement that covers any affected employee
in the affected unit; or
(B) if there is no agent, a representative of the employees
or employee association in the affected unit.
Sec. 7. If a work sharing plan serves the work sharing employer
as a transitional step to permanent staff reduction, the work
sharing plan must contain a reemployment assistance plan for each
affected employee that the work sharing employer develops with
the commissioner.
Sec. 8. The work sharing employer shall agree to:
(1) submit reports that are necessary to administer the work
sharing plan; and
(2) allow the department to have access to all records
necessary to:
(A) verify the work sharing plan before its approval; and
(B) monitor and evaluate the application of the work
sharing plan after its approval.
Sec. 9. (a) An approved work sharing plan may be modified if
the modification meets the requirements for approval under
section 6 of this chapter and the commissioner approves the
modifications.
(b) An employing unit may add an employee to a work sharing
plan when the employee has been continuously on the payroll for
three (3) months.
(c) An approved modification of a work sharing plan may not
change its expiration date.
Sec. 10. (a) An affected employee is eligible under section 12 of
this chapter to receive work sharing benefits for each week in
which the commissioner determines that the affected employee is:
(1) able to work; and
(2) available for more hours of work or full-time work for
the worksharing employer.
(b) An affected employee who otherwise is eligible may not be
denied work sharing benefits for lack of effort to secure work as set
forth in IC 22-4-14-3 or for failure to apply for available suitable
work as set forth in IC 22-4-15-2 from a person other than the
work sharing employer.
(c) An affected employee shall apply for benefits under
IC 22-4-17-1.
(d) An affected employee who otherwise is eligible for benefits
is:
(1) considered to be unemployed for the purpose of the work
sharing unemployment insurance program; and
(2) not subject to the requirements of IC 22-4-14-2.
Sec. 11. The weekly work sharing unemployment compensation
benefit due to an affected worker is determined in STEP FOUR of
the following formula:
STEP ONE: Determine the weekly benefit that would be due
to the affected employee under IC 22-4-12-4.
STEP TWO: Determine the percentage of reduction in the
employee's normal work hours as to those under the approved
work sharing plan.
STEP THREE: Multiply the number determined in STEP
ONE by the quotient determined in STEP TWO.
STEP FOUR: If the product determined under STEP THREE
is not a multiple of one dollar ($1), round down to the nearest
lower multiple of one dollar ($1).
Sec. 12. (a) An affected employee is eligible to receive not more
than twenty six (26) weeks of work sharing benefits during each
benefit year.
(b) The total amount of benefits payable under IC 22-4-12-4 and
work sharing benefits payable under this chapter may not exceed
the total payable for the benefit year under IC 22-4-12-4(a).
Sec. 13. The board shall establish rules under IC 4-22-2
applicable to partially unemployed workers for determining their
weekly benefit amount due under this chapter, subject to
IC 22-4-12-5(b).
Sec. 14. During a week in which an affected employee who
otherwise is eligible for benefits does not work for the work
sharing employer:
(1) the individual shall be paid benefits in accordance with
this chapter; and
(2) the week does not count as a week for which a work
sharing benefit is received.
Sec. 15. During a week in which an employee earns wages under
an approved work sharing plan and other wages, the work sharing
benefit shall be reduced by the same percentage that the combined
wages are of wages for normal weekly work hours if the other
wages:
(1) exceed the wages earned under the approved work sharing
plan; and
(2) do not exceed ninety percent (90%) of the wages that the
individual earns for normal weekly work hours.
This computation applies regardless of whether the employee
earned the other wage from the work sharing employer or other
employer.
Sec. 16. While an affected employee applies for or receives work
sharing benefits, the affected employee is not eligible for:
(1) extended benefits under IC 22-4-12-4; or
(2) supplemental federal unemployment compensation.
Sec. 17. The commissioner may revoke approval of an approved
work sharing plan for good cause, including:
(1) conduct or an occurrence that tends to defeat the intent
and effective operation of the approved work sharing plan;
(2) failure to comply with an assurance in the approved work
sharing plan;
(3) unreasonable revision of a productivity standard of the
affected unit; and
(4) violation of a criterion on which the commissioner based
the approval of the work sharing plan.
(2) years beyond the end of the benefit year of the regular
claim.
Sec. 6. The provisions of IC 22-4-2-34(i) relating to exhaustees
and regular benefits do not apply to an individual otherwise
eligible for training benefits under this chapter when the
individual's benefit year ends before the training benefits are
exhausted and the individual is eligible for a new benefit year. The
individual will have the option of remaining on the original claim
or filing a new claim.
Sec. 7. An individual who receives training benefits under this
chapter or under any previous additional benefits program for
training is not eligible for training benefits under this chapter for
five (5) years from the last receipt of training benefits under this
chapter or under any previous additional benefits program for
training.
Sec. 8. All base period employers are interested parties to the
approval of training and the granting of training benefits.
Sec. 9. By July 1, 2002, the department of employment and
training services in cooperation with the commissioner of labor
under IC 22-1-1-8(2) must identify occupations and skill sets that
are declining and occupations and skill sets that are in high
demand. Thereafter, the department of employment and training
services shall update this information annually or more frequently
if needed.
Sec. 10. The department is authorized to pay training benefits
under section 3 of this chapter but may not obligate expenditures
beyond the appropriation made by the general assembly or beyond
funds available to the department under IC 22-4-40-11. The
department shall develop a procedure to ensure that expenditures
do not exceed available funds and to prioritize access to funds
when again available.
Sec. 11. The department shall adopt rules under IC 4-22-2 to
implement this chapter.