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 actualknowledge of the occurrence of an injury or death at the time thereofor shall acquire such knowledge afterward, the injured employee orhis dependents, as soon as practicable after the injury or deathresulting therefrom, shall give written notice to the employer of suchinjury or death.
Unless such notice is given or knowledge acquired within thirty(30) days from the date of the injury or death, no compensation shallbe paid until and from the date such notice is given or knowledgeobtained. No lack of knowledge by the employer or hisrepresentative, and no want, failure, defect or inaccuracy of thenotice shall bar compensation, unless the employer shall show thathe 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 suchprejudices.
(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 statethe name and address of the employee, the time, place, nature andcause of the injury or death, and shall be signed by the injuredemployee or by some one in his behalf or by one (1) or more of thedependents, in case of death, or by some person in their behalf. Saidnotice may be served personally upon the employer, or upon anyforeman, superintendent or manager of the employer to whose ordersthe injured or deceased employee was required to conform or uponany agent of the employer upon whom a summons in a civil actionmay be served under the laws of the state, or may be sent to theemployer by registered letter, addressed to his last known residenceor 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 throughIC 22-3-6 shall be forever barred unless within two (2) years after theoccurrence of the accident, or if death results therefrom, within two(2) years after such death, a claim for compensation thereunder shallbe filed with the worker's compensation board. However, in all caseswherein 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 hisinjury or by exercise of reasonable diligence should have known of
the existence of such injury and its causal relationship to hisemployment.
(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 ofpermanent impairment, the employer shall furnish or cause to befurnished, free of charge to the employee, an attending physician forthe treatment of the employee's injuries, and in addition thereto suchsurgical, hospital and nursing services and supplies as the attendingphysician or the worker's compensation board may deem necessary.If the employee is requested or required by the employer to submitto treatment outside the county of employment, the employer shallalso pay the reasonable expense of travel, food, and lodgingnecessary during the travel, but not to exceed the amount paid at thetime of the travel by the state to its employees under the state travelpolicies and procedures established by the department ofadministration and approved by the state budget agency. If thetreatment or travel to or from the place of treatment causes a loss ofworking time to the employee, the employer shall reimburse theemployee for the loss of wages using the basis of the employee'saverage daily wage.
(b) During the period of temporary total disability resulting fromthe injury, the employer shall furnish the physician services, andsupplies, and the worker's compensation board may, on properapplication of either party, require that treatment by the physicianand services and supplies be furnished by or on behalf of theemployer as the worker's compensation board may deem reasonablynecessary.
(c) After an employee's injury has been adjudicated by agreementor award on the basis of permanent partial impairment and within thestatutory period for review in such case as provided in section 27 ofthis chapter, the employer may continue to furnish a physician orsurgeon and other medical services and supplies, and the worker'scompensation board may within the statutory period for review asprovided in section 27 of this chapter, on a proper application ofeither party, require that treatment by that physician and othermedical services and supplies be furnished by and on behalf of theemployer as the worker's compensation board may deem necessaryto limit or reduce the amount and extent of the employee'simpairment. The refusal of the employee to accept such services andsupplies, when provided by or on behalf of the employer, shall barthe employee from all compensation otherwise payable during theperiod of the refusal, and the employee's right to prosecute anyproceeding under IC 22-3-2 through IC 22-3-6 shall be suspendedand abated until the employee's refusal ceases. The employee mustbe served with a notice setting forth the consequences of the refusal
under this section. The notice must be in a form prescribed by theworker's compensation board. No compensation for permanent totalimpairment, permanent partial impairment, permanent disfigurement,or death shall be paid or payable for that part or portion of theimpairment, disfigurement, or death which is the result of the failureof the employee to accept the treatment, services, and suppliesrequired under this section. However, an employer may at any timepermit an employee to have treatment for the employee's injuries byspiritual means or prayer in lieu of the physician or surgeon andother medical services and supplies required under this section.
(d) If, because of an emergency, or because of the employer'sfailure to provide an attending physician or surgical, hospital, ornursing services and supplies, or treatment by spiritual means orprayer, as required by this section, or because of any other goodreason, a physician other than that provided by the employer treatsthe injured employee during the period of the employee's temporarytotal disability, or necessary and proper surgical, hospital, or nursingservices and supplies are procured within the period, the reasonablecost of those services and supplies shall, subject to the approval ofthe worker's compensation board, be paid by the employer.
(e) An employer or employer's insurance carrier may not delay theprovision of emergency medical care whenever emergency medicalcare is considered necessary in the professional judgment of theattending health care facility physician.
(f) Regardless of when it occurs, where a compensable injuryresults in the amputation of a body part, the enucleation of an eye, orthe loss of natural teeth, the employer shall furnish an appropriateartificial member, braces, and prosthodontics. The cost of repairs toor replacements for the artificial members, braces, or prosthodonticsthat result from a compensable injury pursuant to a prior award andare 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 fromthe second injury fund upon order or award of the worker'scompensation board. The employee is not required to meet any otherrequirement for admission to the second injury fund.
(g) If an accident arising out of and in the course of employmentafter June 30, 1997, results in the loss of or damage to an artificialmember, a brace, an implant, eyeglasses, prosthodontics, or othermedically prescribed device, the employer shall repair the artificialmember, brace, implant, eyeglasses, prosthodontics, or othermedically prescribed device or furnish an identical or a reasonablyequivalent replacement.
(h) This section may not be construed to prohibit an agreementbetween an employer and the employer's employees that has theapproval of the board and that binds the parties to:
(1) medical care furnished by health care providers selected byagreement before or after injury; or
(2) the findings of a health care provider who was chosen byagreement.(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 limitedto such charges as prevail as provided under IC 22-3-6-1(j), in thesame community (as defined in IC 22-3-6-1(h)) for a like service orproduct to injured persons. The employee and the employee's estatedo not have liability to a health care provider for payment forservices obtained under IC 22-3-3-4. The right to order payment forall services provided under IC 22-3-2 through IC 22-3-6 is solelywith the board. All claims by a health care provider for payment forservices are against the employer and the employer's insurancecarrier, if any, and must be made with the board under IC 22-3-2through IC 22-3-6. The worker's compensation board may withholdthe approval of the fees of the attending physician in a case until theattending physician files a report with the worker's compensationboard 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 faitherrors
Sec. 5.1. (a) A medical service provider or a medical serviceprovider's agent, servant, employee, assignee, employer, orindependent contractor on behalf of the medical service provider maynot knowingly collect or attempt to collect the payment of a chargefor medical services or products covered under IC 22 from anemployee or the employee's estate or family members.
(b) If after a hearing, the worker's compensation board finds thata medical service provider has violated this section, the worker'scompensation board may assess a civil penalty against the medicalservice 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 civilpenalty against a medical service provider for a violation of thissection 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 followingrequirements to determine the pecuniary liability of an employer oran employer's insurance carrier for a specific service or product
covered under worker's compensation:
(1) The formation of a billing review standard, and anysubsequent analysis or revision of the standard, must use datathat is based on the medical service provider billing charges assubmitted to the employer and the employer's insurance carrierfrom the same community. This subdivision does not applywhen a unique or specialized service or product does not havesufficient comparative data to allow for a reasonablecomparison.
(2) Data used to determine pecuniary liability must be compiledon or before June 30 and December 31 of each year.
(3) Billing review standards must be revised for prospectivefuture payments of medical service provider bills to provide forpayment of the charges at a rate not more than the charges madeby eighty percent (80%) of the medical service providers duringthe prior six (6) months within the same community. The dataused to perform the analysis and revision of the billing reviewstandards may not be more than two (2) years old and must beperiodically updated by a representative inflationary ordeflationary factor. Reimbursement for these charges may notexceed the actual charge invoiced by the medical serviceprovider.
(4) The billing review standard shall include the billing chargesof all hospitals in the applicable community for the service orproduct.
(b) A medical service provider may request an explanation froma billing review service if the medical service provider's bill has beenreduced as a result of application of the eightieth percentile or of aCurrent Procedural Terminology (CPT) coding change. The requestmust be made not later than sixty (60) days after receipt of the noticeof the reduction. If a request is made, the billing review service mustprovide:
(1) the name of the billing review service used to make thereduction;
(2) the dollar amount of the reduction;
(3) the dollar amount of the medical service at the eightiethpercentile; and
(4) in the case of a CPT coding change, the basis upon whichthe 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 thata billing review service used a billing review standard that did notcomply with subsection (a)(1) through (a)(4) in determining thepecuniary liability of an employer or an employer's insurance carrierfor a health care provider's charge for services or products coveredunder worker's compensation, the worker's compensation board mayassess a civil penalty against the billing review service in an amountnot less than one hundred dollars ($100) and not more than onethousand 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 claimedresulting disability or impairment, the employee, if so requested bythe employee's employer or ordered by the worker's compensationboard, shall submit to an examination at reasonable times and placesby a duly qualified physician or surgeon designated and paid by theemployer or by order of the worker's compensation board. Theemployee shall have the right to have present at any suchexamination any duly qualified physician or surgeon provided andpaid for by the employee. No fact communicated to, or otherwiselearned by, any physician or surgeon who may have attended orexamined the employee, or who may have been present at anyexamination, shall be privileged, either in the hearings provided forin IC 22-3-2 through IC 22-3-6, or in any action at law brought torecover damages against any employer who is subject to thecompensation provisions of IC 22-3-2 through IC 22-3-6. If theemployee refuses to submit to or in any way obstructs suchexaminations, the employee's right to compensation and his right totake or prosecute any proceedings under IC 22-3-2 through IC 22-3-6shall be suspended until such refusal or obstruction ceases. Nocompensation shall at any time be payable for the period ofsuspension unless in the opinion of the worker's compensation boardthe circumstances justified the refusal or obstruction. The employeemust be served with a notice setting forth the consequences of therefusal under this subsection. The notice must be in a formprescribed by the board.
(b) Any employer requesting an examination of any employeeresiding within Indiana shall pay, in advance of the time fixed for theexamination, sufficient money to defray the necessary expenses oftravel by the most convenient means to and from the place ofexamination, and the cost of meals and lodging necessary during thetravel. If the method of travel is by automobile, the mileage rate to bepaid by the employer shall be the rate currently being paid by thestate to its employees under the state travel policies and proceduresestablished by the department of administration and approved by thebudget agency. If such examination or travel to or from the place ofexamination causes any loss of working time on the part of theemployee, the employer shall reimburse the employee for such lossof wages upon the basis of the employee's average daily wage. Whenany employee injured in Indiana moves outside Indiana, the travelexpense and the cost of meals and lodging necessary during thetravel payable under this section shall be paid from the point inIndiana nearest to the employee's then residence to the place ofexamination. No travel and other expense shall be paid for any traveland other expense required outside Indiana.
(c) A duly qualified physician or surgeon provided and paid forby the employee may be present at an examination if the employee
so desires. In all cases where the examination is made by a physicianor surgeon engaged by the employer and the injured employee has nophysician or surgeon present at such examination, it shall be the dutyof the physician or surgeon making the examination to deliver to theinjured employee, or the employee's representative, a statement inwriting of the conditions evidenced by such examination. Thestatement shall disclose all facts that are reported by such physicianor surgeon to the employer. Such statement shall be furnished to theemployee or the employee's representative, as soon as practicable,but not later than thirty (30) days before the time the case is set forhearing. The statement may be submitted by either party as evidenceby that physician or surgeon at a hearing before the worker'scompensation board if the statement meets the requirements ofsubsection (e). If such physician or surgeon fails or refuses to furnishthe employee or the employee's representative with such statementthirty (30) days before the hearing, then the statement may not besubmitted as evidence, and such physician or surgeon shall not bepermitted to testify before the worker's compensation board as to anyfacts learned in such examination. All of the requirements of thissubsection apply to all subsequent examinations requested by theemployer.
(d) In all cases where an examination of an employee is made bya physician or surgeon engaged by the employee, and the employerhas no physician or surgeon present at such examination, it shall bethe duty of the physician or surgeon making the examination todeliver to the employer or the employer's representative a statementin writing of the conditions evidenced by such examination. Thestatement shall disclose all facts that are reported by such physicianor surgeon to the employee. Such statement shall be furnished to theemployer or the employer's representative as soon as practicable, butnot later than thirty (30) days before the time the case is set forhearing. The statement may be submitted by either party as evidenceby that physician or surgeon at a hearing before the worker'scompensation board if the statement meets the requirements ofsubsection (e). If such physician or surgeon fails or refuses to furnishthe employer, or the employer's representative, with such statementthirty (30) days before the hearing, then the statement may not besubmitted as evidence, and such physician or surgeon shall not bepermitted to testify before the worker's compensation board as to anyfacts learned in such examination. All of the requirements of thissubsection apply to all subsequent examinations made by a physicianor surgeon engaged by the employee.
(e) All statements of physicians or surgeons required by thissection, whether those engaged by employee or employer, shallcontain the following information:
(1) The history of the injury, or claimed injury, as given by thepatient.
(2) The diagnosis of the physician or surgeon concerning thepatient'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'sphysical or mental condition, including the physician's orsurgeon's reasons for the opinion.
(4) The opinion of the physician or surgeon concerning whetherthe injury or claimed injury resulted in a disability orimpairment and, if so, the opinion of the physician or surgeonconcerning the extent of the disability or impairment and thereasons for the opinion.
(5) The original signature of the physician or surgeon.
Notwithstanding any hearsay objection, the worker's compensationboard shall admit into evidence a statement that meets therequirements of this subsection unless the statement is ruledinadmissible on other grounds.
(f) Delivery of any statement required by this section may bemade to the attorney or agent of the employer or employee and suchaction shall be construed as delivery to the employer or employee.
(g) Any party may object to a statement on the basis that thestatement does not meet the requirements of subsection (e). Theobjecting party must give written notice to the party providing thestatement and specify the basis for the objection. Notice of theobjection must be given no later than twenty (20) days before thehearing. Failure to object as provided in this subsection precludesany further objection as to the adequacy of the statement undersubsection (e).
(h) The employer upon proper application, or the worker'scompensation board, shall have the right in any case of death torequire an autopsy at the expense of the party requesting the same.If, after a hearing, the worker's compensation board orders anautopsy and such autopsy is refused by the surviving spouse or nextof kin, then any claim for compensation on account of such deathshall be suspended and abated during such refusal. The survivingspouse or dependent must be served with a notice setting forth theconsequences of the refusal under this subsection. The notice mustbe in a form prescribed by the worker's compensation board. Noautopsy, except one performed by or on the authority or order of thecoroner in the discharge of the coroner's duties, shall be held in anycase by any person, without notice first being given to the survivingspouse or next of kin, if they reside in Indiana or their whereaboutscan reasonably be ascertained, of the time and place thereof, andreasonable time and opportunity given such surviving spouse or nextof kin to have a representative or representatives present to witnesssame. However, if such notice is not given, all evidence obtained bysuch autopsy shall be suppressed on motion duly made to theworker'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 injuriesproducing only temporary total disability to work or temporarypartial disability to work beginning with the eighth (8th) day of suchdisability except for medical benefits provided in section 4 of thechapter. Compensation shall be allowed for the first seven (7)calendar days only if the disability continues for longer thantwenty-one (21) days.
(b) The first weekly installment of compensation for temporarydisability is due fourteen (14) days after the disability begins. Notlater than fifteen (15) days from the date that the first installment ofcompensation is due, the employer or the employer's insurancecarrier shall tender to the employee or to the employee's dependents,with all compensation due, a properly prepared compensationagreement in a form prescribed by the board. Whenever an employeror the employer's insurance carrier denies or is not able to determineliability to pay compensation or benefits, the employer or theemployer's insurance carrier shall notify the worker's compensationboard and the employee in writing on a form prescribed by theworker's compensation board not later than thirty (30) days after theemployer's knowledge of the claimed injury. If a determination ofliability cannot be made within thirty (30) days, the worker'scompensation board may approve an additional thirty (30) days upona written request of the employer or the employer's insurance carrierthat sets forth the reasons that the determination could not be madewithin thirty (30) days and states the facts or circumstances that arenecessary to determine liability within the additional thirty (30) days.More than thirty (30) days of additional time may be approved by theworker's compensation board upon the filing of a petition by theemployer or the employer's insurance carrier that sets forth:
(1) the extraordinary circumstances that have precluded adetermination of liability within the initial sixty (60) days;
(2) the status of the investigation on the date the petition isfiled;
(3) the facts or circumstances that are necessary to make adetermination; and
(4) a timetable for the completion of the remaininginvestigation.
An employer who fails to comply with this section is subject to acivil penalty of fifty dollars ($50), to be assessed and collected by theboard upon notice and hearing. Civil penalties collected under thissection shall be deposited in the state general fund.
(c) Once begun, temporary total disability benefits may not beterminated 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 examinationunder 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 oftemporary total disability benefits or has been paid themaximum compensation allowed under section 22 of thischapter; or
(5) the employee is unable or unavailable to work for reasonsunrelated to the compensable injury.
In all other cases the employer must notify the employee in writingof the employer's intent to terminate the payment of temporary totaldisability benefits and of the availability of employment, if any, ona form approved by the board. If the employee disagrees with theproposed termination, the employee must give written notice ofdisagreement to the board and the employer within seven (7) daysafter receipt of the notice of intent to terminate benefits. If the boardand employer do not receive a notice of disagreement under thissection, the employee's temporary total disability benefits shall beterminated. Upon receipt of the notice of disagreement, the boardshall immediately contact the parties, which may be by telephone orother means, and attempt to resolve the disagreement. If the board isunable to resolve the disagreement within ten (10) days of receipt ofthe notice of disagreement, the board shall immediately arrange foran evaluation of the employee by an independent medical examiner.The independent medical examiner shall be selected by mutualagreement of the parties or, if the parties are unable to agree,appointed by the board under IC 22-3-4-11. If the independentmedical examiner determines that the employee is no longertemporarily disabled or is still temporarily disabled but can return toemployment that the employer has made available to the employee,or if the employee fails or refuses to appear for examination by theindependent medical examiner, temporary total disability benefitsmay be terminated. If either party disagrees with the opinion of theindependent medical examiner, the party shall apply to the board fora hearing under IC 22-3-4-5.
(d) An employer is not required to continue the payment oftemporary total disability benefits for more than fourteen (14) daysafter the employer's proposed termination date unless theindependent medical examiner determines that the employee istemporarily disabled and unable to return to any employment that theemployer has made available to the employee.
(e) If it is determined that as a result of this section temporarytotal disability benefits were overpaid, the overpayment shall bededucted from any benefits due the employee under section 10 of thischapter and, if there are no benefits due the employee or the benefitsdue the employee do not equal the amount of the overpayment, theemployee shall be responsible for paying any overpayment whichcannot 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 wagesof a public employee shall be determined without regard to anysalary reduction agreement under Section 125 of the InternalRevenue 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 theinjured employee during such total disability for work a weeklycompensation equal to fifty-five percent (55%) of his average weeklywages for a period not to exceed five hundred (500) weeks. Withrespect to injuries occurring on and after April 1, 1951, and prior toJuly 1, 1971, causing temporary total disability for work there shallbe paid to the injured employee during such total disability a weeklycompensation equal to sixty per cent (60%) of his average weeklywages for a period not to exceed five hundred (500) weeks. Withrespect to injuries occurring on and after July 1, 1971, and prior toJuly 1, 1974, causing temporary total disability for work there shallbe paid to the injured employee during such total disability a weeklycompensation equal to sixty per cent (60%) of his average weeklywages, as defined in IC 22-3-3-22 a period not to exceed fivehundred (500) weeks. With respect to injuries occurring on and afterJuly 1, 1974, and before July 1, 1976, causing temporary totaldisability or total permanent disability for work there shall be paidto the injured employee during such total disability a weeklycompensation equal to sixty-six and two-thirds percent (66 2/3%) ofhis average weekly wages up to one hundred and thirty-five dollars($135.00) average weekly wages, as defined in section 22 of thischapter, for a period not to exceed five hundred (500) weeks. Withrespect to injuries occurring on and after July 1, 1976, causingtemporary total disability or total permanent disability for work,there shall be paid to the injured employee during the total disabilitya weekly compensation equal to sixty-six and two-thirds percent (662/3%) of his average weekly wages, as defined in IC 22-3-3-22, fora period not to exceed five hundred (500) weeks. Compensation shallbe allowed for the first seven (7) calendar days only if the disabilitycontinues 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, 1951causing temporary partial disability for work, compensation shall bepaid to the injured employee during such disability, as prescribed in
section 7 of this chapter, a weekly compensation equal to fifty-fiveper cent (55%) of the difference between his average weekly wagesand the weekly wages at which he is actually employed after theinjury, for a period not to exceed three hundred (300) weeks. Withrespect to injuries occurring on and after April 1, 1951 and prior toJuly 1, 1974 causing temporary partial disability for work,compensation shall be paid to the injured employee during suchdisability, as prescribed in section 7 of this chapter, a weeklycompensation equal to sixty per cent (60%) of the difference betweenhis average weekly wages and the weekly wages at which he isactually employed after the injury, for a period not to exceed threehundred (300) weeks. With respect to injuries occurring on and afterJuly 1, 1974 causing temporary partial disability for work,compensation shall be paid to the injured employee during suchdisability as prescribed in section 7 of this chapter, a weeklycompensation equal to sixty-six and two-thirds per cent (66 2/3%) ofthe difference between his average weekly wages and the weeklywages at which he is actually employed after the injury, for a periodnot to exceed three hundred (300) weeks. In case the partial disabilitybegins after the period of temporary total disability, the latter periodshall be included as a part of the maximum period allowed for partialdisability.
(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 insubsection (d) occurring on and after July 1, 1979, and before July1, 1988, the employee shall receive, in addition to temporary totaldisability benefits not to exceed fifty-two (52) weeks on account ofthe injury, a weekly compensation of sixty percent (60%) of theemployee's average weekly wages, not to exceed one hundredtwenty-five dollars ($125) average weekly wages, for the periodstated 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, theemployee shall receive, in addition to temporary total disabilitybenefits not exceeding seventy-eight (78) weeks on account of theinjury, a weekly compensation of sixty percent (60%) of theemployee's average weekly wages, not to exceed one hundredsixty-six dollars ($166) average weekly wages, for the period statedfor 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, theemployee shall receive, in addition to temporary total disabilitybenefits not exceeding seventy-eight (78) weeks on account of theinjury, a weekly compensation of sixty percent (60%) of theemployee's average weekly wages, not to exceed one hundredeighty-three dollars ($183) average weekly wages, for the period
stated for the injury.
(d) With respect to injuries in the following schedule occurring onand after July 1, 1990, and before July 1, 1991, the employee shallreceive, in addition to temporary total disability benefits notexceeding seventy-eight (78) weeks on account of the injury, aweekly compensation of sixty percent (60%) of the employee'saverage 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 secondfinger thirty-five (35) weeks, of the third or ring finger thirty(30) weeks, of the fourth or little finger twenty (20) weeks, ofthe 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 toefifteen (15) weeks, of the fifth or little toe ten (10) weeks, forloss occurring on and after April 1, 1959, by separation of thefoot below the knee joint, one hundred seventy-five (175)weeks and of the leg above the knee joint two hundredtwenty-five (225) weeks. The loss of more than one (1)phalange of a thumb or toes shall be considered as the loss ofthe entire thumb or toe. The loss of more than two (2) phalangesof 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 toeshall be considered as the loss of one-half (1/2) of the thumb ortoe and compensation shall be paid for one-half (1/2) of theperiod for the loss of the entire thumb or toe. The loss of notmore than one (1) phalange of a finger shall be considered asthe loss of one-third (1/3) of the finger and compensation shallbe paid for one-third (1/3) the period for the loss of the entirefinger. The loss of more than one (1) phalange of the finger butnot more than two (2) phalanges of the finger, shall beconsidered as the loss of one-half (1/2) of the finger andcompensation shall be paid for one-half (1/2) of the period forthe loss of the entire finger.
(2) For the loss by separation of both hands or both feet or thetotal sight of both eyes, or any two (2) such losses in the sameaccident, five hundred (500) weeks.
(3) For the permanent and complete loss of vision byenucleation or its reduction to one-tenth (1/10) of normal visionwith 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 lossof 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, theemployee 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'saverage 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, theemployee shall receive, in addition to temporary total disabilitybenefits not exceeding seventy-eight (78) weeks on account of theinjury, a weekly compensation of sixty percent (60%) of theemployee's average weekly wages, not to exceed one hundredsixty-six dollars ($166) average weekly wages, for the period statedfor 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, theemployee shall receive, in addition to temporary total disabilitybenefits not exceeding seventy-eight (78) weeks on account of theinjury, a weekly compensation of sixty percent (60%) of theemployee's average weekly wages, not to exceed one hundredeighty-three dollars ($183) average weekly wages, for the periodstated for the injury.
(h) With respect to injuries in the following schedule occurring onand after July 1, 1990, and before July 1, 1991, the employee shallreceive, in addition to temporary total disability benefits notexceeding seventy-eight (78) weeks on account of the injury, aweekly compensation of sixty percent (60%) of the employee'saverage 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 beconsidered as the equivalent of the loss by separation of thearm, hand, thumb, finger, leg, foot, toe, or phalange, andcompensation shall be paid for the same period as for the lossthereof by separation.
(2) Partial loss of use: For the permanent partial loss of the useof an arm, hand, thumb, finger, leg, foot, toe, or phalange,compensation shall be paid for the proportionate loss of the useof such arm, hand, thumb, finger, leg, foot, toe, or phalange.
(3) For injuries resulting in total permanent disability, fivehundred (500) weeks.
(4) For any permanent reduction of the sight of an eye less thana total loss as specified in subsection (d)(3), compensation shallbe paid for a period proportionate to the degree of suchpermanent reduction without correction or glasses. However,when such permanent reduction without correction or glasseswould result in one hundred percent (100%) loss of vision, butcorrection or glasses would result in restoration of vision, thenin such event compensation shall be paid for fifty percent (50%)of such total loss of vision without glasses, plus an additionalamount equal to the proportionate amount of such reductionwith glasses, not to exceed an additional fifty percent (50%). (5) For any permanent reduction of the hearing of one (1) orboth ears, less than the total loss as specified in subsection(d)(4), compensation shall be paid for a period proportional tothe degree of such permanent reduction.
(6) In all other cases of permanent partial impairment,compensation proportionate to the degree of such permanentpartial impairment, in the discretion of the worker'scompensation board, not exceeding five hundred (500) weeks.
(7) In all cases of permanent disfigurement which may impairthe future usefulness or opportunities of the employee,compensation, in the discretion of the worker's compensationboard, not exceeding two hundred (200) weeks, except that nocompensation shall be payable under this subdivision wherecompensation is payable elsewhere in this section.
(i) With respect to injuries in the following schedule occurring onand after July 1, 1991, the employee shall receive in addition totemporary total disability benefits, not exceeding one hundredtwenty-five (125) weeks on account of the injury, compensation inan amount determined under the following schedule to be paidweekly at a rate of sixty-six and two-thirds percent (66 2/3%) of theemployee's average weekly wages during the fifty-two (52) weeksimmediately 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 secondfinger, seven (7) degrees of permanent impairment; of the thirdor ring finger, six (6) degrees of permanent impairment; of thefourth or little finger, four (4) degrees of permanentimpairment; of the hand by separation below the elbow joint,forty (40) degrees of permanent impairment; of the arm abovethe elbow, fifty (50) degrees of permanent impairment; of thebig toe, twelve (12) degrees of permanent impairment; of thesecond toe, six (6) degrees of permanent impairment; of thethird toe, four (4) degrees of permanent impairment; of thefourth toe, three (3) degrees of permanent impairment; of thefifth or little toe, two (2) degrees of permanent impairment; byseparation of the foot below the knee joint, thirty-five (35)degrees of permanent impairment; and of the leg above the kneejoint, forty-five (45) degrees of permanent impairment.
(2) Amputations: For the loss by separation of any of the bodyparts described in subdivision (1) on or after July 1, 1997, andfor the loss by separation of any of the body parts described insubdivision (3), (5), or (8), on or after July 1, 1999, the dollarvalues per degree applying on the date of the injury as describedin subsection (j) shall be multiplied by two (2). However, thedoubling provision of this subdivision does not apply to a lossof use that is not a loss by separation.
(3) The loss of more than one (1) phalange of a thumb or toeshall be considered as the loss of the entire thumb or toe. Theloss of more than two (2) phalanges of a finger shall be
considered as the loss of the entire finger. The loss of not morethan one (1) phalange of a thumb or toe shall be considered asthe loss of one-half (1/2) of the degrees of permanentimpairment for the loss of the entire thumb or toe. The loss ofnot more than one (1) phalange of a finger shall be consideredas the loss of one-third (1/3) of the finger and compensationshall be paid for one-third (1/3) of the degrees payable for theloss of the entire finger. The loss of more than one (1) phalangeof the finger but not more than two (2) phalanges of the fingershall be considered as the loss of one-half (1/2) of the fingerand compensation shall be paid for one-half (1/2) of the degreespayable for the loss of the entire finger.
(4) For the loss by separation of both hands or both feet or thetotal sight of both eyes or any two (2) such losses in the sameaccident, one hundred (100) degrees of permanent impairment.
(5) For the permanent and complete loss of vision byenucleation, thirty-five (35) degrees of permanent impairment.
(6) For the reduction of vision to one-tenth (1/10) of normalvision with glasses, thirty-five (35) degrees of permanentimpairment.
(7) For the permanent and complete loss of hearing in one (1)ear, fifteen (15) degrees of permanent impairment, and in bothears, forty (40) degrees of permanent impairment.
(8) For the loss of one (1) testicle, ten (10) degrees ofpermanent 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 shallbe considered as the equivalent of the loss by separation of thearm, hand, thumb, finger, leg, foot, toe, or phalange, andcompensation shall be paid in the same amount as for the lossby separation. However, the doubling provision of subdivision(2) does not apply to a loss of use that is not a loss byseparation.
(10) Partial loss of use: For the permanent partial loss of the useof an arm, a hand, a thumb, a finger, a leg, a foot, a toe, or aphalange, compensation shall be paid for the proportionate lossof the use of the arm, hand, thumb, finger, leg, foot, toe, orphalange.
(11) For injuries resulting in total permanent disability, theamount payable for impairment or five hundred (500) weeks ofcompensation, whichever is greater.
(12) For any permanent reduction of the sight of an eye lessthan a total loss as specified in subsection (h)(4), thecompensation shall be paid in an amount proportionate to thedegree of a permanent reduction without correction or glasses.However, when a permanent reduction without correction orglasses would result in one hundred percent (100%) loss ofvision, 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 withglasses, not to exceed an additional fifty percent (50%).
(13) For any permanent reduction of the hearing of one (1) orboth ears, less than the total loss as specified in subsection(h)(5), compensation shall be paid in an amount proportionateto the degree of a permanent reduction.
(14) In all other cases of permanent partial impairment,compensation proportionate to the degree of a permanent partialimpairment, in the discretion of the worker's compensationboard, not exceeding one hundred (100) degrees of permanentimpairment.
(15) In all cases of permanent disfigurement which may impairthe future usefulness or opportunities of the employee,compensation, in the discretion of the worker's compensationboard, not exceeding forty (40) degrees of permanentimpairment except that no compensation shall be payable underthis subdivision where compensation is payable elsewhere inthis section.
(j) Compensation for permanent partial impairment shall be paidaccording to the degree of permanent impairment for the injurydetermined 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 permanentimpairment from one (1) to thirty-five (35), five hundred dollars($500) per degree; for each degree of permanent impairmentfrom thirty-six (36) to fifty (50), nine hundred dollars ($900)per degree; for each degree of permanent impairment abovefifty (50), one thousand five hundred dollars ($1,500) perdegree.
(2) With respect to injuries occurring on and after July 1, 1992,and before July 1, 1993, for each degree of permanentimpairment from one (1) to twenty (20), five hundred dollars($500) per degree; for each degree of permanent impairmentfrom twenty-one (21) to thirty-five (35), eight hundred dollars($800) per degree; for each degree of permanent impairmentfrom thirty-six (36) to fifty (50), one thousand three hundreddollars ($1,300) per degree; for each degree of permanentimpairment above fifty (50), one thousand seven hundreddollars ($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 permanentimpairment from one (1) to ten (10), five hundred dollars($500) per degree; for each degree of permanent impairmentfrom eleven (11) to twenty (20), seven hundred dollars ($700)per degree; for each degree of permanent impairment fromtwenty-one (21) to thirty-five (35), one thousand dollars($1,000) per degree; for each degree of permanent impairmentfrom thirty-six (36) to fifty (50), one thousand four hundreddollars ($1,400) per degree; for each degree of permanentimpairment 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 permanentimpairment from one (1) to ten (10), seven hundred fifty dollars($750) per degree; for each degree of permanent impairmentfrom eleven (11) to thirty-five (35), one thousand dollars($1,000) per degree; for each degree of permanent impairmentfrom thirty-six (36) to fifty (50), one thousand four hundreddollars ($1,400) per degree; for each degree of permanentimpairment above fifty (50), one thousand seven hundreddollars ($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 permanentimpairment from one (1) to ten (10), seven hundred fifty dollars($750) per degree; for each degree of permanent impairmentfrom eleven (11) to thirty-five (35), one thousand dollars($1,000) per degree; for each degree of permanent impairmentfrom thirty-six (36) to fifty (50), one thousand four hundreddollars ($1,400) per degree; for each degree of permanentimpairment above fifty (50), one thousand seven hundreddollars ($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 permanentimpairment from one (1) to ten (10), nine hundred dollars($900) per degree; for each degree of permanent impairmentfrom eleven (11) to thirty-five (35), one thousand one hundreddollars ($1,100) per degree; for each degree of permanentimpairment from thirty-six (36) to fifty (50), one thousand sixhundred dollars ($1,600) per degree; for each degree ofpermanent 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 permanentimpairment from one (1) to ten (10), one thousand one hundreddollars ($1,100) per degree; for each degree of permanentimpairment from eleven (11) to thirty-five (35), one thousandthree hundred dollars ($1,300) per degree; for each degree ofpermanent impairment from thirty-six (36) to fifty (50), twothousand dollars ($2,000) per degree; for each degree ofpermanent impairment above fifty (50), two thousand fivehundred 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 permanentimpairment from one (1) to ten (10), one thousand threehundred dollars ($1,300) per degree; for each degree ofpermanent impairment from eleven (11) to thirty-five (35), onethousand five hundred dollars ($1,500) per degree; for eachdegree of permanent impairment from thirty-six (36) to fifty(50), two thousand four hundred dollars ($2,400) per degree; foreach 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 permanentimpairment from one (1) to ten (10), one thousand threehundred forty dollars ($1,340) per degree; for each degree ofpermanent impairment from eleven (11) to thirty-five (35), onethousand five hundred forty-five dollars ($1,545) per degree;for each degree of permanent impairment from thirty-six (36) tofifty (50), two thousand four hundred seventy-five dollars($2,475) per degree; for each degree of permanent impairmentabove 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 permanentimpairment from one (1) to ten (10), one thousand threehundred sixty-five dollars ($1,365) per degree; for each degreeof 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) tofifty (50), two thousand five hundred twenty-five dollars($2,525) per degree; for each degree of permanent impairmentabove 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 permanentimpairment from one (1) to ten (10), one thousand threehundred eighty dollars ($1,380) per degree; for each degree ofpermanent impairment from eleven (11) to thirty-five (35), onethousand five hundred eighty-five dollars ($1,585) per degree;for each degree of permanent impairment from thirty-six (36) tofifty (50), two thousand six hundred dollars ($2,600) perdegree; 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) toten (10), one thousand four hundred dollars ($1,400) per degree;for each degree of permanent impairment from eleven (11) tothirty-five (35), one thousand six hundred dollars ($1,600) perdegree; for each degree of permanent impairment fromthirty-six (36) to fifty (50), two thousand seven hundred dollars($2,700) per degree; for each degree of permanent impairmentabove fifty (50), three thousand five hundred dollars ($3,500)per degree.
(k) The average weekly wages used in the determination ofcompensation 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, refusesemployment suitable to his capacity procured for him, he shall not beentitled to any compensation at any time during the continuance ofsuch refusal unless in the opinion of the worker's compensationboard such refusal was justifiable.
(b) Before compensation can be denied under this section theemployee must be served with a notice setting forth the consequencesof the refusal of employment under this section. The notice must bein 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 inanother employment, or from other cause or causes than theemployment in which he received a subsequent permanent injury byaccident, such as specified in section 31, he shall be entitled tocompensation for the subsequent permanent injury in the sameamount as if the previous injury had not occurred: Provided,however, That if the permanent injury for