CHAPTER 3. WORKER'S COMPENSATION: NOTICE OF INJURY; TREATMENT; COMPENSATION SCHEDULE; PAYMENTS
IC 22-3-3
Chapter 3. Worker's Compensation: Notice of Injury; Treatment;
Compensation Schedule; Payments
IC 22-3-3-1
Notice of injury; time
Sec. 1. Unless the employer or his representative shall have actual
knowledge of the occurrence of an injury or death at the time thereof
or shall acquire such knowledge afterward, the injured employee or
his dependents, as soon as practicable after the injury or death
resulting therefrom, shall give written notice to the employer of such
injury or death.
Unless such notice is given or knowledge acquired within thirty
(30) days from the date of the injury or death, no compensation shall
be paid until and from the date such notice is given or knowledge
obtained. No lack of knowledge by the employer or his
representative, and no want, failure, defect or inaccuracy of the
notice shall bar compensation, unless the employer shall show that
he is prejudiced by such lack of knowledge or by such want, failure,
defect or inaccuracy of the notice, and then only to the extent of such
prejudices.
(Formerly: Acts 1929, c.172, s.22.)
IC 22-3-3-2
Notice of injury; contents; signature
Sec. 2. The notice provided for in the preceding section shall state
the name and address of the employee, the time, place, nature and
cause of the injury or death, and shall be signed by the injured
employee or by some one in his behalf or by one (1) or more of the
dependents, in case of death, or by some person in their behalf. Said
notice may be served personally upon the employer, or upon any
foreman, superintendent or manager of the employer to whose orders
the injured or deceased employee was required to conform or upon
any agent of the employer upon whom a summons in a civil action
may be served under the laws of the state, or may be sent to the
employer by registered letter, addressed to his last known residence
or place of business.
(Formerly: Acts 1929, c.172, s.23.)
IC 22-3-3-3
Limitation of actions; radiation
Sec. 3. The right to compensation under IC 22-3-2 through
IC 22-3-6 shall be forever barred unless within two (2) years after the
occurrence of the accident, or if death results therefrom, within two
(2) years after such death, a claim for compensation thereunder shall
be filed with the worker's compensation board. However, in all cases
wherein an accident or death results from the exposure to radiation,
a claim for compensation shall be filed with the board within two (2)
years from the date on which the employee had knowledge of his
injury or by exercise of reasonable diligence should have known of
the existence of such injury and its causal relationship to his
employment.
(Formerly: Acts 1929, c.172, s.24; Acts 1947, c.162, s.2; Acts 1961,
c.101, s.1.) As amended by P.L.144-1986, SEC.31; P.L.28-1988,
SEC.26.
IC 22-3-3-4
Medical treatment pending adjudication of impairment
Sec. 4. (a) After an injury and prior to an adjudication of
permanent impairment, the employer shall furnish or cause to be
furnished, free of charge to the employee, an attending physician for
the treatment of the employee's injuries, and in addition thereto such
surgical, hospital and nursing services and supplies as the attending
physician or the worker's compensation board may deem necessary.
If the employee is requested or required by the employer to submit
to treatment outside the county of employment, the employer shall
also pay the reasonable expense of travel, food, and lodging
necessary during the travel, but not to exceed the amount paid at the
time of the travel by the state to its employees under the state travel
policies and procedures established by the department of
administration and approved by the state budget agency. If the
treatment or travel to or from the place of treatment causes a loss of
working time to the employee, the employer shall reimburse the
employee for the loss of wages using the basis of the employee's
average daily wage.
(b) During the period of temporary total disability resulting from
the injury, the employer shall furnish the physician services, and
supplies, and the worker's compensation board may, on proper
application of either party, require that treatment by the physician
and services and supplies be furnished by or on behalf of the
employer as the worker's compensation board may deem reasonably
necessary.
(c) After an employee's injury has been adjudicated by agreement
or award on the basis of permanent partial impairment and within the
statutory period for review in such case as provided in section 27 of
this chapter, the employer may continue to furnish a physician or
surgeon and other medical services and supplies, and the worker's
compensation board may within the statutory period for review as
provided in section 27 of this chapter, on a proper application of
either party, require that treatment by that physician and other
medical services and supplies be furnished by and on behalf of the
employer as the worker's compensation board may deem necessary
to limit or reduce the amount and extent of the employee's
impairment. The refusal of the employee to accept such services and
supplies, when provided by or on behalf of the employer, shall bar
the employee from all compensation otherwise payable during the
period of the refusal, and the employee's right to prosecute any
proceeding under IC 22-3-2 through IC 22-3-6 shall be suspended
and abated until the employee's refusal ceases. The employee must
be served with a notice setting forth the consequences of the refusal
under this section. The notice must be in a form prescribed by the
worker's compensation board. No compensation for permanent total
impairment, permanent partial impairment, permanent disfigurement,
or death shall be paid or payable for that part or portion of the
impairment, disfigurement, or death which is the result of the failure
of the employee to accept the treatment, services, and supplies
required under this section. However, an employer may at any time
permit an employee to have treatment for the employee's injuries by
spiritual means or prayer in lieu of the physician or surgeon and
other medical services and supplies required under this section.
(d) If, because of an emergency, or because of the employer's
failure to provide an attending physician or surgical, hospital, or
nursing services and supplies, or treatment by spiritual means or
prayer, as required by this section, or because of any other good
reason, a physician other than that provided by the employer treats
the injured employee during the period of the employee's temporary
total disability, or necessary and proper surgical, hospital, or nursing
services and supplies are procured within the period, the reasonable
cost of those services and supplies shall, subject to the approval of
the worker's compensation board, be paid by the employer.
(e) An employer or employer's insurance carrier may not delay the
provision of emergency medical care whenever emergency medical
care is considered necessary in the professional judgment of the
attending health care facility physician.
(f) Regardless of when it occurs, where a compensable injury
results in the amputation of a body part, the enucleation of an eye, or
the loss of natural teeth, the employer shall furnish an appropriate
artificial member, braces, and prosthodontics. The cost of repairs to
or replacements for the artificial members, braces, or prosthodontics
that result from a compensable injury pursuant to a prior award and
are required due to either medical necessity or normal wear and tear,
determined according to the employee's individual use, but not abuse,
of the artificial member, braces, or prosthodontics, shall be paid from
the second injury fund upon order or award of the worker's
compensation board. The employee is not required to meet any other
requirement for admission to the second injury fund.
(g) If an accident arising out of and in the course of employment
after June 30, 1997, results in the loss of or damage to an artificial
member, a brace, an implant, eyeglasses, prosthodontics, or other
medically prescribed device, the employer shall repair the artificial
member, brace, implant, eyeglasses, prosthodontics, or other
medically prescribed device or furnish an identical or a reasonably
equivalent replacement.
(h) This section may not be construed to prohibit an agreement
between an employer and the employer's employees that has the
approval of the board and that binds the parties to:
(1) medical care furnished by health care providers selected by
agreement before or after injury; or
(2) the findings of a health care provider who was chosen by
agreement.
(Formerly: Acts 1929, c.172, s.25; Acts 1937, c.214, s.1; Acts 1943,
c.136, s.5; Acts 1945, c.188, s.3; Acts 1947, c.162, s.3; Acts 1963,
c.387, s.5; Acts 1974, P.L.108, SEC.7.) As amended by Acts 1979,
P.L.227, SEC.1; P.L.95-1988, SEC.3; P.L.170-1991, SEC.3;
P.L.258-1997(ss), SEC.3; P.L.31-2000, SEC.2; P.L.67-2010, SEC.1.
IC 22-3-3-5
Medical treatment; liability of estate; right to order payment
Sec. 5. The pecuniary liability of the employer for medical,
surgical, hospital and nurse service herein required shall be limited
to such charges as prevail as provided under IC 22-3-6-1(j), in the
same community (as defined in IC 22-3-6-1(h)) for a like service or
product to injured persons. The employee and the employee's estate
do not have liability to a health care provider for payment for
services obtained under IC 22-3-3-4. The right to order payment for
all services provided under IC 22-3-2 through IC 22-3-6 is solely
with the board. All claims by a health care provider for payment for
services are against the employer and the employer's insurance
carrier, if any, and must be made with the board under IC 22-3-2
through IC 22-3-6. The worker's compensation board may withhold
the approval of the fees of the attending physician in a case until the
attending physician files a report with the worker's compensation
board on the form prescribed by the board.
(Formerly: Acts 1929, c.172, s.26.) As amended by P.L.170-1991,
SEC.4; P.L.216-1995, SEC.1; P.L.258-1997(ss), SEC.4.
IC 22-3-3-5.1
Collection of medical expense payments; civil penalties; good faith
errors
Sec. 5.1. (a) A medical service provider or a medical service
provider's agent, servant, employee, assignee, employer, or
independent contractor on behalf of the medical service provider may
not knowingly collect or attempt to collect the payment of a charge
for medical services or products covered under IC 22 from an
employee or the employee's estate or family members.
(b) If after a hearing, the worker's compensation board finds that
a medical service provider has violated this section, the worker's
compensation board may assess a civil penalty against the medical
service provider in an amount that is at least one hundred dollars
($100) but less than one thousand dollars ($1,000) for each violation.
(c) The worker's compensation board may not assess a civil
penalty against a medical service provider for a violation of this
section that is the result of a good faith error.
As added by P.L.216-1995, SEC.2.
IC 22-3-3-5.2
Billing review service standards
Sec. 5.2. (a) A billing review service shall adhere to the following
requirements to determine the pecuniary liability of an employer or
an employer's insurance carrier for a specific service or product
covered under worker's compensation:
(1) The formation of a billing review standard, and any
subsequent analysis or revision of the standard, must use data
that is based on the medical service provider billing charges as
submitted to the employer and the employer's insurance carrier
from the same community. This subdivision does not apply
when a unique or specialized service or product does not have
sufficient comparative data to allow for a reasonable
comparison.
(2) Data used to determine pecuniary liability must be compiled
on or before June 30 and December 31 of each year.
(3) Billing review standards must be revised for prospective
future payments of medical service provider bills to provide for
payment of the charges at a rate not more than the charges made
by eighty percent (80%) of the medical service providers during
the prior six (6) months within the same community. The data
used to perform the analysis and revision of the billing review
standards may not be more than two (2) years old and must be
periodically updated by a representative inflationary or
deflationary factor. Reimbursement for these charges may not
exceed the actual charge invoiced by the medical service
provider.
(4) The billing review standard shall include the billing charges
of all hospitals in the applicable community for the service or
product.
(b) A medical service provider may request an explanation from
a billing review service if the medical service provider's bill has been
reduced as a result of application of the eightieth percentile or of a
Current Procedural Terminology (CPT) coding change. The request
must be made not later than sixty (60) days after receipt of the notice
of the reduction. If a request is made, the billing review service must
provide:
(1) the name of the billing review service used to make the
reduction;
(2) the dollar amount of the reduction;
(3) the dollar amount of the medical service at the eightieth
percentile; and
(4) in the case of a CPT coding change, the basis upon which
the change was made;
not later than thirty (30) days after the date of the request.
(c) If after a hearing the worker's compensation board finds that
a billing review service used a billing review standard that did not
comply with subsection (a)(1) through (a)(4) in determining the
pecuniary liability of an employer or an employer's insurance carrier
for a health care provider's charge for services or products covered
under worker's compensation, the worker's compensation board may
assess a civil penalty against the billing review service in an amount
not less than one hundred dollars ($100) and not more than one
thousand dollars ($1,000).
As added by P.L.216-1995, SEC.3. Amended by P.L.202-2001,
SEC.4.
IC 22-3-3-6
Physical examination; physician's statement; autopsy
Sec. 6. (a) After an injury and during the period of claimed
resulting disability or impairment, the employee, if so requested by
the employee's employer or ordered by the worker's compensation
board, shall submit to an examination at reasonable times and places
by a duly qualified physician or surgeon designated and paid by the
employer or by order of the worker's compensation board. The
employee shall have the right to have present at any such
examination any duly qualified physician or surgeon provided and
paid for by the employee. No fact communicated to, or otherwise
learned by, any physician or surgeon who may have attended or
examined the employee, or who may have been present at any
examination, shall be privileged, either in the hearings provided for
in IC 22-3-2 through IC 22-3-6, or in any action at law brought to
recover damages against any employer who is subject to the
compensation provisions of IC 22-3-2 through IC 22-3-6. If the
employee refuses to submit to or in any way obstructs such
examinations, the employee's right to compensation and his right to
take or prosecute any proceedings under IC 22-3-2 through IC 22-3-6
shall be suspended until such refusal or obstruction ceases. No
compensation shall at any time be payable for the period of
suspension unless in the opinion of the worker's compensation board
the circumstances justified the refusal or obstruction. The employee
must be served with a notice setting forth the consequences of the
refusal under this subsection. The notice must be in a form
prescribed by the board.
(b) Any employer requesting an examination of any employee
residing within Indiana shall pay, in advance of the time fixed for the
examination, sufficient money to defray the necessary expenses of
travel by the most convenient means to and from the place of
examination, and the cost of meals and lodging necessary during the
travel. If the method of travel is by automobile, the mileage rate to be
paid by the employer shall be the rate currently being paid by the
state to its employees under the state travel policies and procedures
established by the department of administration and approved by the
budget agency. If such examination or travel to or from the place of
examination causes any loss of working time on the part of the
employee, the employer shall reimburse the employee for such loss
of wages upon the basis of the employee's average daily wage. When
any employee injured in Indiana moves outside Indiana, the travel
expense and the cost of meals and lodging necessary during the
travel payable under this section shall be paid from the point in
Indiana nearest to the employee's then residence to the place of
examination. No travel and other expense shall be paid for any travel
and other expense required outside Indiana.
(c) A duly qualified physician or surgeon provided and paid for
by the employee may be present at an examination if the employee
so desires. In all cases where the examination is made by a physician
or surgeon engaged by the employer and the injured employee has no
physician or surgeon present at such examination, it shall be the duty
of the physician or surgeon making the examination to deliver to the
injured employee, or the employee's representative, a statement in
writing of the conditions evidenced by such examination. The
statement shall disclose all facts that are reported by such physician
or surgeon to the employer. Such statement shall be furnished to the
employee or the employee's representative, as soon as practicable,
but not later than thirty (30) days before the time the case is set for
hearing. The statement may be submitted by either party as evidence
by that physician or surgeon at a hearing before the worker's
compensation board if the statement meets the requirements of
subsection (e). If such physician or surgeon fails or refuses to furnish
the employee or the employee's representative with such statement
thirty (30) days before the hearing, then the statement may not be
submitted as evidence, and such physician or surgeon shall not be
permitted to testify before the worker's compensation board as to any
facts learned in such examination. All of the requirements of this
subsection apply to all subsequent examinations requested by the
employer.
(d) In all cases where an examination of an employee is made by
a physician or surgeon engaged by the employee, and the employer
has no physician or surgeon present at such examination, it shall be
the duty of the physician or surgeon making the examination to
deliver to the employer or the employer's representative a statement
in writing of the conditions evidenced by such examination. The
statement shall disclose all facts that are reported by such physician
or surgeon to the employee. Such statement shall be furnished to the
employer or the employer's representative as soon as practicable, but
not later than thirty (30) days before the time the case is set for
hearing. The statement may be submitted by either party as evidence
by that physician or surgeon at a hearing before the worker's
compensation board if the statement meets the requirements of
subsection (e). If such physician or surgeon fails or refuses to furnish
the employer, or the employer's representative, with such statement
thirty (30) days before the hearing, then the statement may not be
submitted as evidence, and such physician or surgeon shall not be
permitted to testify before the worker's compensation board as to any
facts learned in such examination. All of the requirements of this
subsection apply to all subsequent examinations made by a physician
or surgeon engaged by the employee.
(e) All statements of physicians or surgeons required by this
section, whether those engaged by employee or employer, shall
contain the following information:
(1) The history of the injury, or claimed injury, as given by the
patient.
(2) The diagnosis of the physician or surgeon concerning the
patient's physical or mental condition.
(3) The opinion of the physician or surgeon concerning the
causal relationship, if any, between the injury and the patient's
physical or mental condition, including the physician's or
surgeon's reasons for the opinion.
(4) The opinion of the physician or surgeon concerning whether
the injury or claimed injury resulted in a disability or
impairment and, if so, the opinion of the physician or surgeon
concerning the extent of the disability or impairment and the
reasons for the opinion.
(5) The original signature of the physician or surgeon.
Notwithstanding any hearsay objection, the worker's compensation
board shall admit into evidence a statement that meets the
requirements of this subsection unless the statement is ruled
inadmissible on other grounds.
(f) Delivery of any statement required by this section may be
made to the attorney or agent of the employer or employee and such
action shall be construed as delivery to the employer or employee.
(g) Any party may object to a statement on the basis that the
statement does not meet the requirements of subsection (e). The
objecting party must give written notice to the party providing the
statement and specify the basis for the objection. Notice of the
objection must be given no later than twenty (20) days before the
hearing. Failure to object as provided in this subsection precludes
any further objection as to the adequacy of the statement under
subsection (e).
(h) The employer upon proper application, or the worker's
compensation board, shall have the right in any case of death to
require an autopsy at the expense of the party requesting the same.
If, after a hearing, the worker's compensation board orders an
autopsy and such autopsy is refused by the surviving spouse or next
of kin, then any claim for compensation on account of such death
shall be suspended and abated during such refusal. The surviving
spouse or dependent must be served with a notice setting forth the
consequences of the refusal under this subsection. The notice must
be in a form prescribed by the worker's compensation board. No
autopsy, except one performed by or on the authority or order of the
coroner in the discharge of the coroner's duties, shall be held in any
case by any person, without notice first being given to the surviving
spouse or next of kin, if they reside in Indiana or their whereabouts
can reasonably be ascertained, of the time and place thereof, and
reasonable time and opportunity given such surviving spouse or next
of kin to have a representative or representatives present to witness
same. However, if such notice is not given, all evidence obtained by
such autopsy shall be suppressed on motion duly made to the
worker's compensation board.
(Formerly: Acts 1929, c.172, s.27; Acts 1943, c.136, s.7; Acts 1945,
c.188, s.2; Acts 1947, c.162, s.4; Acts 1949, c.253, s.1; Acts 1963,
c.387, s.6; Acts 1975, P.L.235, SEC.4.) As amended by P.L.28-1988,
SEC.27; P.L.95-1988, SEC.4; P.L.109-1992, SEC.1; P.L.1-2006,
SEC.337.
IC 22-3-3-7
Temporary disability benefits; installment payments; termination;
overpayment
Sec. 7. (a) Compensation shall be allowed on account of injuries
producing only temporary total disability to work or temporary
partial disability to work beginning with the eighth (8th) day of such
disability except for medical benefits provided in section 4 of the
chapter. Compensation shall be allowed for the first seven (7)
calendar days only if the disability continues for longer than
twenty-one (21) days.
(b) The first weekly installment of compensation for temporary
disability is due fourteen (14) days after the disability begins. Not
later than fifteen (15) days from the date that the first installment of
compensation is due, the employer or the employer's insurance
carrier shall tender to the employee or to the employee's dependents,
with all compensation due, a properly prepared compensation
agreement in a form prescribed by the board. Whenever an employer
or the employer's insurance carrier denies or is not able to determine
liability to pay compensation or benefits, the employer or the
employer's insurance carrier shall notify the worker's compensation
board and the employee in writing on a form prescribed by the
worker's compensation board not later than thirty (30) days after the
employer's knowledge of the claimed injury. If a determination of
liability cannot be made within thirty (30) days, the worker's
compensation board may approve an additional thirty (30) days upon
a written request of the employer or the employer's insurance carrier
that sets forth the reasons that the determination could not be made
within thirty (30) days and states the facts or circumstances that are
necessary to determine liability within the additional thirty (30) days.
More than thirty (30) days of additional time may be approved by the
worker's compensation board upon the filing of a petition by the
employer or the employer's insurance carrier that sets forth:
(1) the extraordinary circumstances that have precluded a
determination of liability within the initial sixty (60) days;
(2) the status of the investigation on the date the petition is
filed;
(3) the facts or circumstances that are necessary to make a
determination; and
(4) a timetable for the completion of the remaining
investigation.
An employer who fails to comply with this section is subject to a
civil penalty of fifty dollars ($50), to be assessed and collected by the
board upon notice and hearing. Civil penalties collected under this
section shall be deposited in the state general fund.
(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.
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.
(Formerly: Acts 1929, c.172, s.28; Acts 1949, c.243, s.1; Acts 1974,
P.L.108, SEC.8.) As amended by P.L.170-1991, SEC.5;
P.L.258-1997(ss), SEC.5.
IC 22-3-3-7.5
Average weekly wages of public employee; determination
Sec. 7.5. For purposes of this chapter, the average weekly wages
of a public employee shall be determined without regard to any
salary reduction agreement under Section 125 of the Internal
Revenue Code.
As added by P.L.5-1992, SEC.8.
IC 22-3-3-8
Temporary total disability or total permanent disability; awards
Sec. 8. With respect to injuries occurring prior to April 1, 1951,
causing temporary total disability for work there shall be paid to the
injured employee during such total disability for work a weekly
compensation equal to fifty-five percent (55%) of his average weekly
wages for a period not to exceed five hundred (500) weeks. With
respect to injuries occurring on and after April 1, 1951, and prior to
July 1, 1971, causing temporary total disability for work there shall
be paid to the injured employee during such total disability a weekly
compensation equal to sixty per cent (60%) of his average weekly
wages for a period not to exceed five hundred (500) weeks. With
respect to injuries occurring on and after July 1, 1971, and prior to
July 1, 1974, causing temporary total disability for work there shall
be paid to the injured employee during such total disability a weekly
compensation equal to sixty per cent (60%) of his average weekly
wages, as defined in IC 22-3-3-22 a period not to exceed five
hundred (500) weeks. With respect to injuries occurring on and after
July 1, 1974, and before July 1, 1976, causing temporary total
disability or total permanent disability for work there shall be paid
to the injured employee during such total disability a weekly
compensation equal to sixty-six and two-thirds percent (66 2/3%) of
his average weekly wages up to one hundred and thirty-five dollars
($135.00) average weekly wages, as defined in section 22 of this
chapter, for a period not to exceed five hundred (500) weeks. With
respect to injuries occurring on and after July 1, 1976, causing
temporary total disability or total permanent disability for work,
there shall be paid to the injured employee during the total disability
a weekly compensation equal to sixty-six and two-thirds percent (66
2/3%) of his 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.
(Formerly: Acts 1929, c.172, s.29; Acts 1949, c.243, s.2; Acts 1951,
c.294, s.1; Acts 1971, P.L.353, SEC.2; Acts 1974, P.L.108, SEC.9.)
As amended by Acts 1976, P.L.112, SEC.1.
IC 22-3-3-9
Temporary partial disability; awards
Sec. 9. With respect to injuries occurring prior to April 1, 1951
causing temporary partial disability for work, compensation shall be
paid to the injured employee during such disability, as prescribed in
section 7 of this chapter, a weekly compensation equal to fifty-five
per cent (55%) of the difference between his average weekly wages
and the weekly wages at which he is actually employed after the
injury, for a period not to exceed three hundred (300) weeks. With
respect to injuries occurring on and after April 1, 1951 and prior to
July 1, 1974 causing temporary partial disability for work,
compensation shall be paid to the injured employee during such
disability, as prescribed in section 7 of this chapter, a weekly
compensation equal to sixty per cent (60%) of the difference between
his average weekly wages and the weekly wages at which he is
actually employed after the injury, for a period not to exceed three
hundred (300) weeks. With respect to injuries occurring on and after
July 1, 1974 causing temporary partial disability for work,
compensation shall be paid to the injured employee during such
disability as prescribed in section 7 of this chapter, a weekly
compensation equal to sixty-six and two-thirds per cent (66 2/3%) of
the difference between his average weekly wages and the weekly
wages at which he is actually employed after the injury, for a period
not to exceed three hundred (300) weeks. 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.
(Formerly: Acts 1929, c.172, s.30; Acts 1937, c.214, s.2; Acts 1951,
c.294, s.2; Acts 1974, P.L.108, SEC.10.)
IC 22-3-3-10
Injuries schedule
Sec. 10. (a) With respect to injuries in the schedule set forth in
subsection (d) occurring on and after July 1, 1979, and before July
1, 1988, the employee shall receive, in addition to temporary total
disability benefits not to exceed fifty-two (52) weeks on account of
the injury, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed one hundred
twenty-five dollars ($125) average weekly wages, for the period
stated for the injury.
(b) With respect to injuries in the schedule set forth in subsection
(d) occurring on and after July 1, 1988, and before July 1, 1989, the
employee shall receive, in addition to temporary total disability
benefits not exceeding seventy-eight (78) weeks on account of the
injury, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed one hundred
sixty-six dollars ($166) average weekly wages, for the period stated
for the injury.
(c) With respect to injuries in the schedule set forth in subsection
(d) occurring on and after July 1, 1989, and before July 1, 1990, the
employee shall receive, in addition to temporary total disability
benefits not exceeding seventy-eight (78) weeks on account of the
injury, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed one hundred
eighty-three dollars ($183) average weekly wages, for the period
stated for the injury.
(d) With respect to injuries in the following schedule occurring on
and after July 1, 1990, and before July 1, 1991, the employee shall
receive, in addition to temporary total disability benefits not
exceeding seventy-eight (78) weeks on account of the injury, a
weekly compensation of sixty percent (60%) of the employee's
average weekly wages, not to exceed two hundred dollars ($200)
average weekly wages, for the period stated for the injury.
(1) Amputation: For the loss by separation of the thumb, sixty
(60) weeks, of the index finger forty (40) weeks, of the second
finger thirty-five (35) weeks, of the third or ring finger thirty
(30) weeks, of the fourth or little finger twenty (20) weeks, of
the hand by separation below the elbow joint two hundred (200)
weeks, or the arm above the elbow two hundred fifty (250)
weeks, of the big toe sixty (60) weeks, of the second toe thirty
(30) weeks, of the third toe twenty (20) weeks, of the fourth toe
fifteen (15) weeks, of the fifth or little toe ten (10) weeks, 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.
(e) With respect to injuries in the schedule set forth in subsection
(h) occurring on and after July 1, 1979, and before July 1, 1988, the
employee shall receive, in addition to temporary total disability
benefits not exceeding fifty-two (52) weeks on account of the injury,
a weekly compensation of sixty percent (60%) of the employee's
average weekly wages not to exceed one hundred twenty-five dollars
($125) average weekly wages for the period stated for the injury.
(f) With respect to injuries in the schedule set forth in subsection
(h) occurring on and after July 1, 1988, and before July 1, 1989, the
employee shall receive, in addition to temporary total disability
benefits not exceeding seventy-eight (78) weeks on account of the
injury, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed one hundred
sixty-six dollars ($166) average weekly wages, for the period stated
for the injury.
(g) With respect to injuries in the schedule set forth in subsection
(h) occurring on and after July 1, 1989, and before July 1, 1990, the
employee shall receive, in addition to temporary total disability
benefits not exceeding seventy-eight (78) weeks on account of the
injury, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed one hundred
eighty-three dollars ($183) average weekly wages, for the period
stated for the injury.
(h) With respect to injuries in the following schedule occurring on
and after July 1, 1990, and before July 1, 1991, the employee shall
receive, in addition to temporary total disability benefits not
exceeding seventy-eight (78) weeks on account of the injury, a
weekly compensation of sixty percent (60%) of the employee's
average weekly wages, not to exceed two hundred dollars ($200)
average weekly wages, for the period stated for the injury.
(1) Loss of use: The total permanent loss of the use of an arm,
hand, thumb, finger, leg, foot, toe, or phalange shall be
considered as the equivalent of the loss by separation of the
arm, hand, thumb, finger, leg, foot, toe, or phalange, and
compensation shall be paid for the same period as for the loss
thereof by separation.
(2) Partial loss of use: For the permanent partial loss of the use
of an arm, hand, thumb, finger, leg, foot, toe, or phalange,
compensation shall be paid for the proportionate loss of the use
of such arm, hand, thumb, finger, leg, foot, toe, or phalange.
(3) For injuries resulting in total permanent disability, five
hundred (500) weeks.
(4) For any permanent reduction of the sight of an eye less than
a total loss as specified in subsection (d)(3), compensation shall
be paid for a period proportionate to the degree of such
permanent reduction without correction or glasses. However,
when such permanent reduction without correction or glasses
would result in one hundred percent (100%) loss of vision, but
correction or glasses would result in restoration of vision, then
in such event compensation shall be paid for fifty percent (50%)
of such total loss of vision without glasses, plus an additional
amount equal to the proportionate amount of such reduction
with glasses, not to exceed an additional fifty percent (50%).
(5) For any permanent reduction of the hearing of one (1) or
both ears, less than the total loss as specified in subsection
(d)(4), compensation shall be paid for a period proportional to
the degree of such permanent reduction.
(6) In all other cases of permanent partial impairment,
compensation proportionate to the degree of such permanent
partial impairment, in the discretion of the worker's
compensation board, not exceeding five hundred (500) weeks.
(7) In all cases of permanent disfigurement which may impair
the future usefulness or opportunities of the employee,
compensation, in the discretion of the worker's compensation
board, not exceeding two hundred (200) weeks, except that no
compensation shall be payable under this subdivision where
compensation is payable elsewhere in this section.
(i) With respect to injuries in the following schedule occurring on
and after July 1, 1991, the employee shall receive in addition to
temporary total disability benefits, not exceeding one hundred
twenty-five (125) weeks on account of the injury, compensation in
an amount determined under the following schedule to be paid
weekly at a rate of sixty-six and two-thirds percent (66 2/3%) of the
employee's average weekly wages during the fifty-two (52) weeks
immediately preceding the week in which the injury occurred.
(1) Amputation: For the loss by separation of the thumb, twelve
(12) degrees of permanent impairment; of the index finger,
eight (8) degrees of permanent impairment; of the second
finger, seven (7) degrees of permanent impairment; of the third
or ring finger, six (6) degrees of permanent impairment; of the
fourth or little finger, four (4) degrees of permanent
impairment; of the hand by separation below the elbow joint,
forty (40) degrees of permanent impairment; of the arm above
the elbow, fifty (50) degrees of permanent impairment; of the
big toe, twelve (12) degrees of permanent impairment; of the
second toe, six (6) degrees of permanent impairment; of the
third toe, four (4) degrees of permanent impairment; of the
fourth toe, three (3) degrees of permanent impairment; of the
fifth or little toe, two (2) degrees of permanent impairment; by
separation of the foot below the knee joint, thirty-five (35)
degrees of permanent impairment; and of the leg above the knee
joint, forty-five (45) degrees of permanent impairment.
(2) Amputations: For the loss by separation of any of the body
parts described in subdivision (1) on or after July 1, 1997, and
for the loss by separation of any of the body parts described in
subdivision (3), (5), or (8), on or after July 1, 1999, the dollar
values per degree applying on the date of the injury as described
in subsection (j) shall be multiplied by two (2). However, the
doubling provision of this subdivision does not apply to a loss
of use that is not a loss by separation.
(3) The loss of more than one (1) phalange of a thumb or toe
shall be considered as the loss of the entire thumb or toe. The
loss of more than two (2) phalanges of a finger shall be
considered as the loss of the entire finger. The loss of not more
than one (1) phalange of a thumb or toe shall be considered as
the loss of one-half (1/2) of the degrees of permanent
impairment for the loss of the entire thumb or toe. The loss of
not more than one (1) phalange of a finger shall be considered
as the loss of one-third (1/3) of the finger and compensation
shall be paid for one-third (1/3) of the degrees payable for the
loss of the entire finger. The loss of more than one (1) phalange
of the finger but not more than two (2) phalanges of the finger
shall be considered as the loss of one-half (1/2) of the finger
and compensation shall be paid for one-half (1/2) of the degrees
payable for the loss of the entire finger.
(4) For the loss by separation of both hands or both feet or the
total sight of both eyes or any two (2) such losses in the same
accident, one hundred (100) degrees of permanent impairment.
(5) For the permanent and complete loss of vision by
enucleation, thirty-five (35) degrees of permanent impairment.
(6) For the reduction of vision to one-tenth (1/10) of normal
vision with glasses, thirty-five (35) degrees of permanent
impairment.
(7) For the permanent and complete loss of hearing in one (1)
ear, fifteen (15) degrees of permanent impairment, and in both
ears, forty (40) degrees of permanent impairment.
(8) For the loss of one (1) testicle, ten (10) degrees of
permanent impairment; for the loss of both testicles, thirty (30)
degrees of permanent impairment.
(9) Loss of use: The total permanent loss of the use of an arm,
a hand, a thumb, a finger, a leg, a foot, a toe, or a phalange shall
be considered as the equivalent of the loss by separation of the
arm, hand, thumb, finger, leg, foot, toe, or phalange, and
compensation shall be paid in the same amount as for the loss
by separation. However, the doubling provision of subdivision
(2) does not apply to a loss of use that is not a loss by
separation.
(10) Partial loss of use: For the permanent partial loss of the use
of an arm, a hand, a thumb, a finger, a leg, a foot, a toe, or a
phalange, compensation shall be paid for the proportionate loss
of the use of the arm, hand, thumb, finger, leg, foot, toe, or
phalange.
(11) For injuries resulting in total permanent disability, the
amount payable for impairment or five hundred (500) weeks of
compensation, whichever is greater.
(12) For any permanent reduction of the sight of an eye less
than a total loss as specified in subsection (h)(4), 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
(h)(5), 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.
(j) Compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the injury
determined under subsection (i) and the following:
(1) With respect to injuries occurring on and after July 1, 1991,
and before July 1, 1992, for each degree of permanent
impairment from one (1) to thirty-five (35), five hundred dollars
($500) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), nine hundred dollars ($900)
per degree; for each degree of permanent impairment above
fifty (50), one thousand five hundred dollars ($1,500) per
degree.
(2) With respect to injuries occurring on and after July 1, 1992,
and before July 1, 1993, for each degree of permanent
impairment from one (1) to twenty (20), five hundred dollars
($500) per degree; for each degree of permanent impairment
from twenty-one (21) to thirty-five (35), eight hundred dollars
($800) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand three hundred
dollars ($1,300) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(3) With respect to injuries occurring on and after July 1, 1993,
and before July 1, 1997, for each degree of permanent
impairment from one (1) to ten (10), five hundred dollars
($500) per degree; for each degree of permanent impairment
from eleven (11) to twenty (20), seven hundred dollars ($700)
per degree; for each degree of permanent impairment from
twenty-one (21) to thirty-five (35), one thousand dollars
($1,000) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(4) With respect to injuries occurring on and after July 1, 1997,
and before July 1, 1998, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand dollars
($1,000) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(5) With respect to injuries occurring on and after July 1, 1998,
and before July 1, 1999, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand dollars
($1,000) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(6) With respect to injuries occurring on and after July 1, 1999,
and before July 1, 2000, for each degree of permanent
impairment from one (1) to ten (10), nine hundred dollars
($900) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand one hundred
dollars ($1,100) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), one thousand six
hundred dollars ($1,600) per degree; for each degree of
permanent impairment above fifty (50), two thousand dollars
($2,000) per degree.
(7) With respect to injuries occurring on and after July 1, 2000,
and before July 1, 2001, for each degree of permanent
impairment from one (1) to ten (10), one thousand one hundred
dollars ($1,100) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand
three hundred dollars ($1,300) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand dollars ($2,000) per degree; for each degree of
permanent impairment above fifty (50), two thousand five
hundred fifty dollars ($2,500) per degree.
(8) With respect to injuries occurring on and after July 1, 2001,
and before July 1, 2007, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred dollars ($1,300) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35), one
thousand five hundred dollars ($1,500) per degree; for each
degree of permanent impairment from thirty-six (36) to fifty
(50), two thousand four hundred dollars ($2,400) per degree; for
each degree of permanent impairment above fifty (50), three
thousand dollars ($3,000) per degree.
(9) With respect to injuries occurring on and after July 1, 2007,
and before July 1, 2008, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred forty dollars ($1,340) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35), one
thousand five hundred forty-five dollars ($1,545) per degree;
for each degree of permanent impairment from thirty-six (36) to
fifty (50), two thousand four hundred seventy-five dollars
($2,475) per degree; for each degree of permanent impairment
above fifty (50), three thousand one hundred fifty dollars
($3,150) per degree.
(10) With respect to injuries occurring on and after July 1,
2008, and before July 1, 2009, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred sixty-five dollars ($1,365) per degree; for each degree
of permanent impairment from eleven (11) to thirty-five (35),
one thousand five hundred seventy dollars ($1,570) per degree;
for each degree of permanent impairment from thirty-six (36) to
fifty (50), two thousand five hundred twenty-five dollars
($2,525) per degree; for each degree of permanent impairment
above fifty (50), three thousand two hundred dollars ($3,200)
per degree.
(11) With respect to injuries occurring on and after July 1,
2009, and before July 1, 2010, for each degree of permanent
impairment from one (1) to ten (10), one thousand three
hundred eighty dollars ($1,380) per degree; for each degree of
permanent impairment from eleven (11) to thirty-five (35), one
thousand five hundred eighty-five dollars ($1,585) per degree;
for each degree of permanent impairment from thirty-six (36) to
fifty (50), two thousand six hundred dollars ($2,600) per
degree; for each degree of permanent impairment above fifty
(50), three thousand three hundred dollars ($3,300) per degree.
(12) With respect to injuries occurring on and after July 1,
2010, for each degree of permanent impairment from one (1) to
ten (10), one thousand four hundred dollars ($1,400) per degree;
for each degree of permanent impairment from eleven (11) to
thirty-five (35), one thousand six hundred dollars ($1,600) per
degree; for each degree of permanent impairment from
thirty-six (36) to fifty (50), two thousand seven hundred dollars
($2,700) per degree; for each degree of permanent impairment
above fifty (50), three thousand five hundred dollars ($3,500)
per degree.
(k) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections (i)
and (j) shall not exceed the following:
(1) With respect to injuries occurring on or after July 1, 1991,
and before July 1, 1992, four hundred ninety-two dollars
($492).
(2) With respect to injuries occurring on or after July 1, 1992,
and before July 1, 1993, five hundred forty dollars ($540).
(3) With respect to injuries occurring on or after July 1, 1993,
and before July 1, 1994, five hundred ninety-one dollars ($591).
(4) With respect to injuries occurring on or after July 1, 1994,
and before July 1, 1997, six hundred forty-two dollars ($642).
(5) With respect to injuries occurring on or after July 1, 1997,
and before July 1, 1998, six hundred seventy-two dollars
($672).
(6) With respect to injuries occurring on or after July 1, 1998,
and before July 1, 1999, seven hundred two dollars ($702).
(7) With respect to injuries occurring on or after July 1, 1999,
and before July 1, 2000, seven hundred thirty-two dollars
($732).
(8) With respect to injuries occurring on or after July 1, 2000,
and before July 1, 2001, seven hundred sixty-two dollars
($762).
(9) With respect to injuries occurring on or after July 1, 2001,
and before July 1, 2002, eight hundred twenty-two dollars
($822).
(10) With respect to injuries occurring on or after July 1, 2002,
and before July 1, 2006, eight hundred eighty-two dollars
($882).
(11) With respect to injuries occurring on or after July 1, 2006,
and before July 1, 2007, nine hundred dollars ($900).
(12) With respect to injuries occurring on or after July 1, 2007,
and before July 1, 2008, nine hundred thirty dollars ($930).
(13) With respect to injuries occurring on or after July 1, 2008,
and before July 1, 2009, nine hundred fifty-four dollars ($954).
(14) With respect to injuries occurring on or after July 1, 2009,
nine hundred seventy-five dollars ($975).
(Formerly: Acts 1929, c.172, s.31; Acts 1943, c.136, s.8; Acts 1947,
c.162, s.5; Acts 1949, c.243, s.5; Acts 1951, c.294, s.3; Acts 1955,
c.325, s.1; Acts 1957, c.298, s.1; Acts 1959, c.315, s.1; Acts 1963,
c.387, s.7; Acts 1971, P.L.353, SEC.1.) As amended by Acts 1977,
P.L.261, SEC.1; Acts 1979, P.L.227, SEC.2; P.L.223-1985, SEC.1;
P.L.95-1988, SEC.5; P.L.3-1989, SEC.132; P.L.170-1991, SEC.6;
P.L.258-1997(ss), SEC.6; P.L.235-1999, SEC.2; P.L.31-2000,
SEC.3; P.L.134-2006, SEC.4; P.L.3-2008, SEC.156.
IC 22-3-3-11
Partial disability; refusing employment; notice
Sec. 11. (a) If an injured employee, only partially disabled, refuses
employment suitable to his capacity procured for him, he shall not be
entitled to any compensation at any time during the continuance of
such refusal unless in the opinion of the worker's compensation
board such refusal was justifiable.
(b) Before compensation can be denied under this section the
employee must be served with a notice setting forth the consequences
of the refusal of employment under this section. The notice must be
in a form prescribed by the worker's compensation board.
(Formerly: Acts 1929, c.172, s.32.) As amended by P.L.95-1988,
SEC.6.
IC 22-3-3-12
Subsequent permanent injuries; aggravation; awards
Sec. 12. If an employee has sustained a permanent injury either in
another employment, or from other cause or causes than the
employment in which he received a subsequent permanent injury by
accident, such as specified in section 31, he shall be entitled to
compensation for the subsequent permanent injury in the same
amount as if the previous injury had not occurred: Provided,
however, That if the permanent injury for