CHAPTER 1. WORKER'S COMPENSATION BOARD
IC 22-3
ARTICLE 3. WORKER'S COMPENSATION SYSTEM
IC 22-3-1
Chapter 1. Worker's Compensation Board
IC 22-3-1-1
Creation; term of office; other positions; removal from office;compensation; secretary; expenses
Sec. 1. (a) There is hereby created the worker's compensationboard of Indiana, which shall consist of seven (7) members, not morethan four (4) of whom shall belong to the same political party,appointed by the governor, one (1) of whom the governor shalldesignate as chairman. The chairman of said board shall be anattorney of recognized qualifications.
(b) Each member of said board shall hold office for four (4) yearsand until the member's successor is appointed and qualified.
(c) No member of the board shall hold any other position of trustor profit or engage in any occupation or business interfering with orinconsistent with the discharge of the member's duties.
(d) Any member of said board may be removed by the governorat any time for incompetency, neglect of duty, misconduct in office,or other good cause to be stated in writing in the order of removal. Incase of a vacancy in the membership of the said board, the governorshall appoint for the unexpired term.
(e) The budget agency, with the approval of the governor, shallapprove the salaries of the members of the board and the secretary.
(f) The board may appoint a secretary and may remove suchsecretary. The secretary shall have authority to administer oaths andissue subpoenas in connection with the administration of IC 22-3-2through IC 22-3-7.
(g) The board, subject to the approval of the governor, mayemploy and fix the compensations of such clerical and otherassistants as it may deem necessary.
(h) The members of the board and its assistants shall be entitledto receive from the state their actual and necessary expenses whiletraveling on the business of the board, but such expenses shall beapproved by the chairman of the board before payment is made.
(i) All salaries and expenses of the board shall be audited and paidout of the state treasury in the manner prescribed for similarexpenses in other departments or branches of the state service.
(Formerly: Acts 1937, c.34, s.4 1/2; Acts 1943, c.138, s.1; Acts 1945,c.354, s.1; Acts 1961, c.219, s.1; Acts 1967, c.299, s.1; Acts 1974,P.L.108, SEC.1.) As amended by P.L.144-1986, SEC.21;P.L.28-1988, SEC.18; P.L.134-2006, SEC.1.
IC 22-3-1-2
Jurisdiction
Sec. 2. The worker's compensation board shall administer theworker's compensation law (IC 22-3-2 through IC 22-3-6).(Formerly: Acts 1937, c.34, s.5.) As amended by P.L.37-1985,SEC.29; P.L.28-1988, SEC.19.
IC 22-3-1-3
Rules; powers and duties
Sec. 3. (a) The worker's compensation board may adopt rulesunder IC 4-22-2 to carry into effect the worker's compensation law(IC 22-3-2 through IC 22-3-6) and the worker's occupational diseaseslaw (IC 22-3-7).
(b) The worker's compensation board is authorized:
(1) to hear, determine, and review all claims for compensationunder IC 22-3-2 through IC 22-3-7;
(2) to require medical service for injured employees;
(3) to approve claims for medical service or attorney's fees andthe charges for nurses and hospitals;
(4) to approve agreements;
(5) to modify or change awards;
(6) to make conclusions of facts and rulings of law;
(7) to certify questions of law to the court of appeals;
(8) to approve deductions in compensation made by employersfor amounts paid in excess of the amount required by law;
(9) to approve agreements between an employer and anemployee or the employee's dependents for the cash payment ofcompensation in a lump sum, or, in the case of a person undereighteen (18) years of age, to order cash payments;
(10) to establish and maintain a list of independent medicalexaminers and to order physical examinations;
(11) to subpoena witnesses;
(12) to administer oaths;
(13) to apply to the circuit or superior court to enforce theattendance and testimony of witnesses and the production andexamination of books, papers, and records;
(14) to create and undertake a program designed to educate andprovide assistance to employees and employers regarding therights and remedies provided by IC 22-3-2 through IC 22-3-7,and to provide for informal resolution of disputes;
(15) to assess and collect, on the board's own initiative or on themotion of a party, the penalties provided for in IC 22-3-2through IC 22-3-7; and
(16) to exercise all other powers and duties conferred upon theboard by law.
(Formerly: Acts 1937, c.34, s.8; Acts 1943, c.138, s.2; Acts 1973,P.L.80, SEC.5.) As amended by P.L.37-1985, SEC.30; P.L.28-1988,SEC.20; P.L.170-1991, SEC.1.
IC 22-3-1-4
Schedule of attorney's fees
Sec. 4. (a) As used in this section, "attorney's fees" means the feesrequested for compensation for service provided by an attorney to aclaimant under the worker's compensation law and the worker's
occupational diseases law as provided under section 3(b)(3) of thischapter.
(b) As used in this section, "board" refers to the worker'scompensation board of Indiana established by section 1 of thischapter.
(c) As used in this section, "claim" refers to a claim forcompensation under IC 22-3-2 through IC 22-3-7 filed with theboard.
(d) The following schedule of attorney's fees applies to anattorney who represents a claimant before the board when the claimfor compensation results in a recovery:
(1) A minimum of two hundred dollars ($200).
(2) Twenty percent (20%) of the first fifty thousand dollars($50,000) of recovery.
(3) Fifteen percent (15%) of the recovery in excess of fiftythousand dollars ($50,000).
(4) Ten percent (10%) of the value of:
(A) unpaid medical expenses;
(B) out-of-pocket medical expenses; or
(C) future medical expenses.
(e) The board maintains continuing jurisdiction over all attorney'sfees in cases before the board and may order a different attorney's feeor allowance in a particular case.
As added by P.L.134-2006, SEC.2.
IC 22-3-1-5
Information sharing concerning construction workers misclassifiedas independent contractors
Sec. 5. (a) This section applies after December 31, 2009.
(b) As used in this section, "contractor" means:
(1) a sole proprietor;
(2) a partnership;
(3) a firm;
(4) a corporation;
(5) a limited liability company;
(6) an association; or
(7) another legal entity;
that engages in construction and is authorized by law to do businessin Indiana. The term includes a general contractor, a subcontractor,and a lower tiered contractor. The term does not include the state, thefederal government, or a political subdivision.
(c) The worker's compensation board of Indiana shall cooperatewith the:
(1) department of state revenue established by IC 6-8.1-2-1;
(2) department of labor created by IC 22-1-1-1; and
(3) department of workforce development established byIC 22-4.1-2-1;
by sharing information concerning any suspected improperclassification by a contractor of an individual as an independentcontractor (as defined in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)). (d) For purposes of IC 5-14-3-4, information shared under thissection is confidential, may not be published, and is not open topublic inspection.
(e) An officer or employee of the worker's compensation board ofIndiana who knowingly or intentionally discloses information that isconfidential under this section commits a Class A misdemeanor.
As added by P.L.164-2009, SEC.3.