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Indiana General Assembly
House Bill 1309


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House Bill 1309

ARCHIVE (2004)

Latest Information

DIGEST OF HB1309 (Updated February 5, 2004 5:17 pm - DI 84)

Worker's compensation. Requires members of the worker's compensation board (board) to be attorneys admitted to the bar for at least five years and sets board member compensation equal to that of full-time superior court judges. Increases the term of board members from four to 12 years. Establishes a performance evaluation committee to review the performance of board members. Authorizes the board to appoint board ombudsmen to determine issues arising under worker's compensation, with certain exceptions. Requires ombudsmen to report their findings in an evidentiary hearing to the board and requires a board member to enter the final order or award. Establishes a process for transferring or redirecting an employee's medical treatment to another physician. Provides for a uniform two year statute of limitations for worker's compensation and occupational disease claims. Establishes a penalty for failure to timely pay temporary total disability compensation or a final judgment. Requires the appointment of an independent medical examiner when an employee's temporary total disability or permanent partial impairment rating is not determined by the attending physician. Increases worker's compensation and occupational disease benefits. Increases the minimum average weekly wage. Revises the funding mechanism for the second injury fund (fund). Extends fund coverage to occupational diseases. Authorizes a 10% prejudgment interest rate for disputed worker's compensation and occupational disease claims. Establishes disabled from trade compensation. Establishes a fine for failure to pay assessments into the second injury fund. Requires the board to refer an insurance carrier that does not pay the assessments to the department of insurance for administrative action for committing an unfair or deceptive act and practice. Authorizes an assessment based on written premium and self-insured employers to fund the administrative expenses of the board. Increases burial payment.
Current Status:
 In Committee - 2nd House
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