IC 22-3-4
    Chapter 4. Worker's Compensation: Administration andProcedures

IC 22-3-4-1
Industrial board; office space; furniture and supplies; meetings
    Sec. 1. The board shall be provided with adequate offices in thecapitol or some other suitable building in the city of Indianapolis inwhich the records shall be kept and its official business be transactedduring regular business hours; it shall also be provided withnecessary office furniture, stationery and other supplies.
    The board or any member thereof may hold sessions at any placewithin the state as may be deemed necessary.
(Formerly: Acts 1929, c.172, s.54.)

IC 22-3-4-2
Rules; subpoenas; service; hearings
    Sec. 2. (a) The worker's compensation board may make rules notinconsistent with IC 22-3-2 through IC 22-3-6 for carrying out theprovisions of IC 22-3-2 through IC 22-3-6. Processes and proceduresunder IC 22-3-2 through IC 22-3-6 shall be as summary and simpleas reasonably may be. The board or any member of the board shallhave the power for the purpose of IC 22-3-2 through IC 22-3-6 tosubpoena witnesses, administer or cause to have administered oaths,and to examine or cause to have examined such parts of the booksand records of the parties to a proceeding as relate to questions indispute.
    (b) The county sheriff shall serve all subpoenas of the board andshall receive the same fees as provided by law for like service in civilactions. Each witness who appears in obedience to such subpoenasof the board shall receive for attendance the fees and mileage forwitnesses in civil cases in the courts.
    (c) The circuit or superior court shall, on application of the boardor any member of the board, enforce by proper proceedings theattendance and testimony of witnesses and the production andexamination of books, papers, and records.
(Formerly: Acts 1929, c.172, s.55.) As amended by P.L.144-1986,SEC.41; P.L.28-1988, SEC.35.

IC 22-3-4-3
Inspection of records; confidential information; destruction ofrecords
    Sec. 3. (a) The board shall prepare and cause to be printed, andupon request furnish free of charge to any employer or employee,such blank forms and literature as it shall deem requisite to facilitateor promote the efficient administration of this chapter, IC 22-3-2through IC 22-3-3, and IC 22-3-5 through IC 22-3-6. The accidentreports and reports of attending physicians shall be the privaterecords of the board, which shall be open to the inspection of theemployer, the employee and their legal representatives, but not the

public unless, in the opinion of the board, the public interest shall sorequire.
    (b) In order to prevent the accumulation of unnecessary anduseless files of papers, the board may destroy or otherwise disposeof under IC 5-15-5.1-14 all papers that have been on file for morethan two (2) years, when there is no claim for compensation pending,or, when compensation has been awarded either by agreement orupon hearing, and more than one (1) year has elapsed since thetermination of the compensation period as fixed by such board.
(Formerly: Acts 1929, c.172, s.56.) As amended by Acts 1979,P.L.17, SEC.33; P.L.121-1995, SEC.2.

IC 22-3-4-4
Awards; private agreements; approval
    Sec. 4. If after seven (7) days from the date of the injury or at anytime in case of death, the employer and the injured employee or hisdependents reach an agreement in regard to compensation underIC 22-3-2 through IC 22-3-6, a memorandum of the agreement in theform prescribed by the worker's compensation board shall be filedwith the board; otherwise such agreement shall be voidable by theemployee or his dependent. If approved by the board, thereupon thememorandum shall for all purposes be enforceable by court decreeas specified in section 9 of this chapter. Such agreement shall beapproved by said board only when the terms conform to theprovisions of IC 22-3-2 through IC 22-3-6.
(Formerly: Acts 1929, c.172, s.57.) As amended by P.L.144-1986,SEC.42; P.L.28-1988, SEC.36.

IC 22-3-4-5
Disputes; hearings
    Sec. 5. (a) If the employer and the injured employee or the injuredemployee's dependents disagree in regard to the compensationpayable under IC 22-3-2 through IC 22-3-6 or, if they have reachedsuch an agreement, which has been signed by them, filed with andapproved by the worker's compensation board, and afterwarddisagree as to the continuance of payments under such agreement, oras to the period for which payments shall be made, or to the amountto be paid, because of a change in conditions since the making ofsuch agreement, either party may then make an application to theboard for the determination of the matters in dispute.
    (b) Upon the filing of such application, the board shall set the dateof hearing, which shall be as early as practicable, and shall notify theemployee, employer, and attorneys of record in the mannerprescribed by the board of the time and place of all hearings andrequests for continuances. The hearing of all claims forcompensation, on account of injuries occurring within the state, shallbe held in the county in which the injury occurred, in any adjoiningcounty, except when the parties consent to a hearing elsewhere.Claims assigned to an individual board member that are consideredto be of an emergency nature by that board member, may be heard in

any county within the board member's jurisdiction.
    (c) All disputes arising under IC 22-3-2 through IC 22-3-6, if notsettled by the agreement of the parties interested therein, with theapproval of the board, shall be determined by the board.
(Formerly: Acts 1929, c.172, s.58; Acts 1959, c.360, s.1.) Asamended by P.L.144-1986, SEC.43; P.L.28-1988, SEC.37;P.L.95-1988, SEC.9; P.L.170-1991, SEC.10.

IC 22-3-4-6
Disputes; summary proceedings
    Sec. 6. The board by any or all of its members shall hear theparties at issue, their representatives and witnesses, and shalldetermine the dispute in a summary manner. The award shall be filedwith the record of proceedings, and a copy thereof shall immediatelybe sent to each of the employee, employer, and attorney of record inthe dispute.
(Formerly: Acts 1929, c.172, s.59.) As amended by P.L.95-1988,SEC.10.

IC 22-3-4-7
Disputes; administrative review
    Sec. 7. If an application for review is made to the board withinthirty (30) days from the date of the award made by less than all themembers, the full board, if the first hearing was not held before thefull board, shall review the evidence, or, if deemed advisable, hearthe parties at issue, their representatives, and witnesses as soon aspracticable and shall make an award and file the same with thefinding of the facts on which it is based and send a copy thereof toeach of the parties in dispute, in like manner as specified in section6 of this chapter.
(Formerly: Acts 1929, c.172, s.60; Acts 1969, c.94, s.6.) As amendedby P.L.144-1986, SEC.44; P.L.258-1997(ss), SEC.9.

IC 22-3-4-8
Disputes; awards; appeals
    Sec. 8. (a) An award of the board by less than all of the membersas provided in section 6 of this chapter, if not reviewed as providedin section 7 of this chapter, shall be final and conclusive.
    (b) An award by the full board shall be conclusive and binding asto all questions of the fact, but either party to the dispute may, withinthirty (30) days from the date of such award, appeal to the court ofappeals for errors of law under the same terms and conditions asgovern appeals in ordinary civil actions.
    (c) The board of its own motion may certify questions of law tosaid court of appeals for its decision and determination.
    (d) An assignment of errors that the award of the full board iscontrary to law shall be sufficient to present both the sufficiency ofthe facts found to sustain the award and the sufficiency of theevidence to sustain the finding of facts.
    (e) All such appeals and certified questions of law shall be

submitted upon the date filed in the court of appeals, shall beadvanced upon the docket of said court, and shall be determined atthe earliest practicable date, without any extensions of time for filingbriefs.
    (f) An award of the full board affirmed on appeal, by theemployer, shall be increased thereby five percent (5%), and by orderof the court may be increased ten percent (10%).
(Formerly: Acts 1929, c.172, s.61.) As amended by P.L.144-1986,SEC.45.

IC 22-3-4-9
Contracts; private agreements; appeals
    Sec. 9. (a) Upon order of the worker's compensation board madeafter five (5) days notice is given to the opposite party, any party ininterest may file in the circuit or superior court of the county inwhich the injury occurred a certified copy of the memorandum ofagreement approved by the board, or of an order or decision of theboard, or of an award of the full board unappealed from, or of anaward of the full board affirmed upon an appeal, whereupon saidcourt shall render judgment in accordance therewith and notify theparties. Such judgment shall have the same effect and all proceedingsin relation thereto shall thereafter be the same as though saidjudgment had been rendered in a suit duly heard and determined bysaid court.
    (b) Any such judgment of said circuit or superior courtunappealed from or affirmed on appeal or modified in obedience tothe mandate of the court of appeals shall be modified to conform toany decision of the worker's compensation board ending,diminishing, or increasing any weekly payment under the provisionsof IC 22-3-3-27 upon the presentation to it of a certified copy of suchdecision.
(Formerly: Acts 1929, c.172, s.62; Acts 1947, c.162, s.13.) Asamended by P.L.144-1986, SEC.46; P.L.28-1988, SEC.38.

IC 22-3-4-10
Actions and proceedings; costs
    Sec. 10. In all proceedings before the worker's compensationboard or in a court under IC 22-3-2 through IC 22-3-6, the costs shallbe awarded and taxed as provided by law in ordinary civil actions inthe circuit court.
(Formerly: Acts 1929, c.172, s.63.) As amended by P.L.144-1986,SEC.47; P.L.28-1988, SEC.39.

IC 22-3-4-11
Medical examination; physician or surgeon
    Sec. 11. The board or any member thereof may, upon theapplication of either party or upon its own motion, appoint adisinterested and duly qualified physician or surgeon to make anynecessary medical examination of the employee and to testify inrespect thereto. Said physician or surgeon shall be allowed traveling

expenses and a reasonable fee to be fixed by the board.
    The fees and expenses of such physician or surgeon shall be paidby the state only on special order of the board or a member thereof.
(Formerly: Acts 1929, c.172, s.64; Acts 1963, c.387, s.14.)

IC 22-3-4-12
Rates and charges; attorney's fees; payment
    Sec. 12. Except as provided in section 12.1 of this chapter, thefees of attorneys and physicians and charges of nurses and hospitalsfor services under IC 22-3-2 through IC 22-3-6 shall be subject to theapproval of the worker's compensation board. When any claimant forcompensation is represented by an attorney in the prosecution of hisclaim, the worker's compensation board shall fix and state in theaward, if compensation be awarded, the amount of the claimant'sattorney's fees. The fee so fixed shall be binding upon both theclaimant and his attorney, and the employer shall pay to the attorneyout of the award the fee so fixed, and the receipt of the attorneytherefor shall fully acquit the employer for an equal portion of theaward; provided, that whenever the worker's compensation boardshall determine upon hearing of a claim that the employer has actedin bad faith in adjusting and settling said award, or whenever theworker's compensation board shall determine upon hearing of a claimthat the employer has not pursued the settlement of said claim withdiligence, then the board shall, if compensation be awarded, fix theamount of the claimant's attorney's fees and such attorney fees shallbe paid to the attorney and shall not be charged against the award tothe claimant.
(Formerly: Acts 1929, c.172, s.65; Acts 1965, c.217, s.3.) Asamended by P.L.144-1986, SEC.48; P.L.258-1997(ss), SEC.10;P.L.1-2006, SEC.338.

IC 22-3-4-12.1
Bad faith in adjusting or settling claim for compensation; awards;attorney's fees
    Sec. 12.1. (a) The worker's compensation board, upon hearing aclaim for benefits, has the exclusive jurisdiction to determinewhether the employer, the employer's worker's compensationadministrator, or the worker's compensation insurance carrier hasacted with a lack of diligence, in bad faith, or has committed anindependent tort in adjusting or settling the claim for compensation.
    (b) If lack of diligence, bad faith, or an independent tort is provenunder subsection (a), the award to the claimant shall be at least fivehundred dollars ($500), but not more than twenty thousand dollars($20,000), depending upon the degree of culpability and the actualdamages sustained.
    (c) An award under this section shall be paid by the employer,worker's compensation administrator, or worker's compensationinsurance carrier responsible to the claimant for the lack of diligence,bad faith, or independent tort.
    (d) The worker's compensation board shall fix in addition to any

award under this section the amount of attorney's fees payable withrespect to an award made under this section. The attorney's fees maynot exceed thirty-three and one-third percent (33 1/3%) of theamount of the award.
    (e) If the worker's compensation board makes an award under thissection, it shall reduce the award to writing and forward a copy to thedepartment of insurance for review under IC 27-4-1-4.5.
    (f) An award or awards to a claimant pursuant to subsection (b)shall not total more than twenty thousand dollars ($20,000) duringthe life of the claim for benefits arising from an accidental injury.
As added by P.L.258-1997(ss), SEC.11. Amended by P.L.31-2000,SEC.5.

IC 22-3-4-13
Reports of injuries and deaths; violations of article
    Sec. 13. (a) Every employer shall keep a record of all injuries,fatal or otherwise, received by or claimed to have been received bythe employer's employees in the course of their employment. Withinseven (7) days after the occurrence and knowledge thereof, asprovided in IC 22-3-3-1, of any injury to an employee causing deathor absence from work for more than one (1) day, a report thereofshall be made in writing and mailed to the employer's insurancecarrier or, if the employer is self insured, delivered to the worker'scompensation board in the manner provided in subsections (b) and(c). The insurance carrier shall deliver the report to the worker'scompensation board in the manner provided in subsections (b) and(c) not later than seven (7) days after receipt of the report or fourteen(14) days after the employer's knowledge of the injury, whichever islater. An employer or insurance carrier that fails to comply with thissubsection is subject to a civil penalty of fifty dollars ($50), to beassessed and collected by the board. Civil penalties collected underthis section shall be deposited in the state general fund.
    (b) All insurance carriers, companies who carry risk withoutinsurance, and third party administrators reporting accidentinformation to the board in compliance with subsection (a) shall:
        (1) report the information using electronic data interchangestandards prescribed by the board no later than June 30, 1999;or
        (2) in the alternative, the reporting entity shall have animplementation plan approved by the board no later than June30, 2000, that provides for the ability to report the informationusing electronic data interchange standards prescribed by theboard no later than December 31, 2000.
Prior to the June 30, 2000, and December 31, 2000, deadlines, thereporting entity may continue to report accidents to the board by mailin compliance with subsection (a).
    (c) The report shall contain the name, nature, and location of thebusiness of the employer, the name, age, sex, wages, occupation ofthe injured employee, the date and hour of the accident causing thealleged injury, the nature and cause of the injury, and such other

information as may be required by the board.
    (d) A person who violates any provision of this article, exceptIC 22-3-5-1, IC 22-3-7-34(b), or IC 22-3-7-34(c), commits a Class Cinfraction. A person who violates IC 22-3-5-1, IC 22-3-7-34(b), orIC 22-3-7-34(c) commits a Class A infraction. The worker'scompensation board in the name of the state may seek relief from anycourt of competent jurisdiction to enjoin any violation of this article.
    (e) The venue of all actions under this section lies in the countyin which the employee was injured. The prosecuting attorney of thecounty shall prosecute all such violations upon written request of theworker's compensation board. Such violations shall be prosecuted inthe name of the state.
    (f) In an action before the board against an employer who at thetime of the injury to or occupational disease of an employee hadfailed to comply with IC 22-3-5-1, IC 22-3-7-34(b), orIC 22-3-7-34(c), the board may award to the employee or thedependents of a deceased employee:
        (1) compensation not to exceed double the compensationprovided by this article;
        (2) medical expenses; and
        (3) reasonable attorney fees in addition to the compensation andmedical expenses.
    (g) In an action under subsection (d), the court may:
        (1) order the employer to cease doing business in Indiana untilthe employer furnishes proof of insurance as required byIC 22-3-5-1 and IC 22-3-7-34(b) or IC 22-3-7-34(c);
        (2) require satisfactory proof of the employer's financial abilityto pay any compensation or medical expenses in the amount andmanner and when due as provided for in IC 22-3, for anyinjuries which occurred during any period of noncompliance;and
        (3) require the employer to deposit with the worker'scompensation board an acceptable security, indemnity, or bondto secure the payment of such compensation and medicalexpense liabilities.
    (h) The penalty provisions of subsection (d) shall apply only tothe employer and shall not apply for a failure to exact a certificate ofinsurance under IC 22-3-2-14 or IC 22-3-7-34(i) or IC 22-3-7-34(j).
(Formerly: Acts 1929, c.172, s.66; Acts 1937, c.214, s.5; Acts 1943,c.136, s.6.) As amended by Acts 1978, P.L.2, SEC.2210; Acts 1982,P.L.135, SEC.1; P.L.145-1986, SEC.1; P.L.28-1988, SEC.40;P.L.170-1991, SEC.11; P.L.75-1993, SEC.3; P.L.1-1994, SEC.108;P.L.235-1999, SEC.4; P.L.1-2007, SEC.159; P.L.1-2010, SEC.85.

IC 22-3-4-14
Awards; termination; reports
    Sec. 14. Every employer paying compensation directly withoutinsurance and every insurance carrier paying compensation in behalfof an employer shall, within ten (10) days from the termination of thecompensation period fixed in any award against him or its insured,

for an injury or death, either by the approval of an agreement or uponhearing, and within ten (10) days from the full redemption of anysuch award by the cash payment thereof in a lump sum as providedin IC 22-3-2 through IC 22-3-6, make such report or reports as theworker's compensation board may require.
(Formerly: Acts 1929, c.172, s.67.) As amended by P.L.144-1986,SEC.49; P.L.28-1988, SEC.41.