CHAPTER 7. WORKER'S OCCUPATIONAL DISEASES COMPENSATION
IC 22-3-7
Chapter 7. Worker's Occupational Diseases Compensation
IC 22-3-7-1
Repealed
(Repealed by P.L.28-1988, SEC.118.)
IC 22-3-7-2
Applicability; burden of proof; police and firefighter coverage
Sec. 2. (a) Every employer and every employee, except as statedin this chapter, shall comply with this chapter, requiring theemployer and employee to pay and accept compensation fordisablement or death by occupational disease arising out of and inthe course of the employment, and shall be bound thereby. Theburden of proof is on the employee. The proof by the employee of anelement of a claim does not create a presumption in favor of theemployee with regard to another element of the claim.
(b) This chapter does not apply to the following:
(1) A person who enters into an independent contractoragreement with a nonprofit corporation that is recognized as taxexempt under Section 501(c)(3) of the Internal Revenue Code(as defined in IC 6-3-1-11(a)) to perform youth coachingservices on a part-time basis.
(2) A nonprofit corporation that is recognized as tax exemptunder Section 501(c)(3) of the Internal Revenue Code (asdefined in IC 6-3-1-11(a)) to the extent the corporation entersinto an independent contractor agreement with a person for theperformance of youth coaching services on a part-time basis.
(c) This chapter does not apply to employees of municipalcorporations in Indiana who are members of:
(1) the fire department or police department of any suchmunicipality; and
(2) a firefighters' pension fund or a police officers' pensionfund.
However, if the common council elects to purchase and procureworker's occupational disease insurance to insure said employeeswith respect to medical benefits under this chapter, the medicalprovisions apply to members of the fire department or policedepartment of any such municipal corporation who are also membersof a firefighters' pension fund or a police officers' pension fund.
(d) When any municipal corporation purchases or procuresworker's occupational disease insurance covering members of the firedepartment or police department who are also members of afirefighters' pension fund or a police officers' pension fund and paysthe premium or premiums for the insurance, the payment of thepremiums is a legal and allowable expenditure of funds of anymunicipal corporation.
(e) Except as provided in subsection (f), where the commoncouncil has procured worker's occupational disease insurance asprovided under this section, any member of the fire department or
police department employed in the city carrying the worker'soccupational disease insurance under this section is limited torecovery of medical and surgical care, medicines, laboratory,curative and palliative agents and means, x-ray, diagnostic andtherapeutic services to the extent that the services are provided for inthe worker's occupational disease policy so procured by the city, andmay not also recover in addition to that policy for the same benefitsprovided in IC 36-8-4.
(f) If the medical benefits provided under a worker's occupationaldisease policy procured by the common council terminate for anyreason before the police officer or firefighter is fully recovered, thecommon council shall provide medical benefits that are necessaryuntil the police officer or firefighter is no longer in need of medicalcare.
(g) Nothing in this section affects the rights and liabilities ofemployees and employers had by them prior to April 1, 1963, underthis chapter.
(Formerly: Acts 1937, c.69, s.2; Acts 1963, c.388, s.1; Acts 1974,P.L.109, SEC.1.) As amended by Acts 1981, P.L.11, SEC.126;P.L.28-1988, SEC.49; P.L.217-1989, SEC.2; P.L.201-2005, SEC.6;P.L.134-2006, SEC.8.
IC 22-3-7-2.5
School to work student
Sec. 2.5. (a) As used in this section, "school to work student"refers to a student participating in on-the-job training under thefederal School to Work Opportunities Act (20 U.S.C. 6101 et seq.).
(b) A school to work student is entitled to the followingcompensation and benefits under this chapter:
(1) Medical benefits.
(2) Permanent partial impairment compensation under section16 of this chapter. Permanent partial impairment compensationfor a school to work student shall be paid in a lump sum uponagreement or final award.
(3) In the case that death results from the injury:
(A) death benefits in a lump sum amount of one hundredseventy-five thousand dollars ($175,000), payable uponagreement or final award to any dependents of the studentunder sections 11 through 14 of this chapter, or, if thestudent has no dependents, to the student's parents; and
(B) burial compensation under section 15 of this chapter.
(c) For the sole purpose of modifying an award under section 27of this chapter, a school to work student's average weekly wage ispresumed to be equal to the federal minimum wage.
(d) A school to work student is not entitled to the followingcompensation under this chapter:
(1) Temporary total disability compensation under section 16 ofthis chapter.
(2) Temporary partial disability compensation under section 19of this chapter. (e) Except for remedies available under IC 5-2-6.1, recoveryunder subsection (b) is the exclusive right and remedy for:
(1) a school to work student; and
(2) the personal representatives, dependents, or next of kin, atcommon law or otherwise, of a school to work student;
on account of disablement or death by occupational disease arisingout of and in the course of school to work employment.
As added by P.L.235-1999, SEC.6.
IC 22-3-7-3
Waiver of exemption from act by employer; notice of acceptance;filing
Sec. 3. (a) An employer who is exempt under this section from theoperation of the compensation provisions of this chapter may at anytime waive such exemption and thereby accept the provisions of thischapter by giving notice as provided in subsection (b).
(b) The notice of acceptance referred to in subsection (a) shall begiven thirty (30) days prior to any accident resulting in injury ordeath, provided that if any such injury occurred less than thirty (30)days after the date of employment, notice of acceptance given at thetime of employment shall be sufficient notice thereof. The noticeshall be in writing or print in a substantial form prescribed by theworker's compensation board and shall be given by the employer byposting the same in a conspicuous place in the plant, shop, office,room, or place where the employee is employed, or by serving itpersonally upon the employee. The notice shall be given by theemployee by sending the same in registered letter addressed to theemployer at his last known residence or place of business, or bygiving it personally to the employer, or any of his agents upon whoma summons in civil actions may be served under the laws of the state.
(c) A copy of the notice in prescribed form shall also be filed withthe worker's compensation board, within five (5) days after itsservice in such manner upon the employee or employer.
(Formerly: Acts 1937, c.69, s.3; Acts 1963, c.388, s.2; Acts 1974,P.L.109, SEC.2.) As amended by P.L.28-1988, SEC.50.
IC 22-3-7-4
Repealed
(Repealed by Acts 1974, P.L.109, SEC.8.)
IC 22-3-7-5
Coal mining; application of law
Sec. 5. On and after April 1, 1963, the provisions of this chaptershall apply to the state, to all political divisions thereof, to allmunicipal corporations within the state, to persons, partnerships,limited liability companies, and corporations engaged in mining coal,and to employees thereof, without any right of exemption from thecompensation provisions of this chapter, except as provided insection 34(i) of this chapter.
(Formerly: Acts 1937, c.69, s.4b; Acts 1963, c.388, s.5.) As amended
by P.L.144-1986, SEC.57; P.L.8-1993, SEC.283.
IC 22-3-7-6
Exclusive remedies
Sec. 6. The rights and remedies granted under this chapter to anemployee subject to this chapter on account of disablement or deathby occupational disease arising out of and in the course of theemployment shall exclude all other rights and remedies of suchemployee, his personal representatives, dependents, or next of kin,at common law or otherwise, on account of such disablement ordeath.
(Formerly: Acts 1937, c.69, s.4c; Acts 1963, c.388, s.6.) As amendedby P.L.144-1986, SEC.58.
IC 22-3-7-7
Statutory duties; application of law
Sec. 7. Nothing in this chapter shall be construed to relieve anyemployer or employee from penalty for failure or neglect to performany statutory duty.
(Formerly: Acts 1937, c.69, s.4d; Acts 1963, c.388, s.7.) As amendedby P.L.144-1986, SEC.59.
IC 22-3-7-8
Place of exposure; foreign states or foreign countries
Sec. 8. Every employer and employee under this chapter shall bebound by the provisions of this chapter whether exposure anddisablement therefrom or death resulting from an occupationaldisease occurs within the state or in some other state or in a foreigncountry.
(Formerly: Acts 1937, c.69, s.4e; Acts 1963, c.388, s.8.) As amendedby P.L.144-1986, SEC.60.
IC 22-3-7-9
Definitions; applicability of chapter; exemptions
Sec. 9. (a) As used in this chapter, "employer" includes the stateand any political subdivision, any municipal corporation within thestate, any individual or the legal representative of a deceasedindividual, firm, association, limited liability company, orcorporation or the receiver or trustee of the same, using the servicesof another for pay. A parent corporation and its subsidiaries shalleach be considered joint employers of the corporation's, the parent's,or the subsidiaries' employees for purposes of sections 6 and 33 ofthis chapter. Both a lessor and a lessee of employees shall each beconsidered joint employers of the employees provided by the lessorto the lessee for purposes of sections 6 and 33 of this chapter. Theterm also includes an employer that provides on-the-job trainingunder the federal School to Work Opportunities Act (20 U.S.C. 6101et seq.) to the extent set forth under section 2.5 of this chapter. If theemployer is insured, the term includes the employer's insurer so faras applicable. However, the inclusion of an employer's insurer within
this definition does not allow an employer's insurer to avoid paymentfor services rendered to an employee with the approval of theemployer. The term does not include a nonprofit corporation that isrecognized as tax exempt under Section 501(c)(3) of the InternalRevenue Code (as defined in IC 6-3-1-11(a)) to the extent thecorporation enters into an independent contractor agreement with aperson for the performance of youth coaching services on a part-timebasis.
(b) As used in this chapter, "employee" means every person,including a minor, in the service of another, under any contract ofhire or apprenticeship written or implied, except one whoseemployment is both casual and not in the usual course of the trade,business, occupation, or profession of the employer. For purposes ofthis chapter the following apply:
(1) Any reference to an employee who has suffereddisablement, when the employee is dead, also includes theemployee's legal representative, dependents, and other personsto whom compensation may be payable.
(2) An owner of a sole proprietorship may elect to include theowner as an employee under this chapter if the owner is actuallyengaged in the proprietorship business. If the owner makes thiselection, the owner must serve upon the owner's insurancecarrier and upon the board written notice of the election. Noowner of a sole proprietorship may be considered an employeeunder this chapter unless the notice has been received. If theowner of a sole proprietorship is an independent contractor inthe construction trades and does not make the election providedunder this subdivision, the owner must obtain an affidavit ofexemption under section 34.5 of this chapter.
(3) A partner in a partnership may elect to include the partneras an employee under this chapter if the partner is actuallyengaged in the partnership business. If a partner makes thiselection, the partner must serve upon the partner's insurancecarrier and upon the board written notice of the election. Nopartner may be considered an employee under this chapter untilthe notice has been received. If a partner in a partnership is anindependent contractor in the construction trades and does notmake the election provided under this subdivision, the partnermust obtain an affidavit of exemption under section 34.5 of thischapter.
(4) Real estate professionals are not employees under thischapter if:
(A) they are licensed real estate agents;
(B) substantially all their remuneration is directly related tosales volume and not the number of hours worked; and
(C) they have written agreements with real estate brokersstating that they are not to be treated as employees for taxpurposes.
(5) A person is an independent contractor in the constructiontrades and not an employee under this chapter if the person is an
independent contractor under the guidelines of the United StatesInternal Revenue Service.
(6) An owner-operator that provides a motor vehicle and theservices of a driver under a written contract that is subject toIC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 376, to a motorcarrier is not an employee of the motor carrier for purposes ofthis chapter. The owner-operator may elect to be covered andhave the owner-operator's drivers covered under a worker'scompensation insurance policy or authorized self-insurance thatinsures the motor carrier if the owner-operator pays thepremiums as requested by the motor carrier. An election by anowner-operator under this subdivision does not terminate theindependent contractor status of the owner-operator for anypurpose other than the purpose of this subdivision.
(7) An unpaid participant under the federal School to WorkOpportunities Act (20 U.S.C. 6101 et seq.) is an employee tothe extent set forth under section 2.5 of this chapter.
(8) A person who enters into an independent contractoragreement with a nonprofit corporation that is recognized as taxexempt under Section 501(c)(3) of the Internal Revenue Code(as defined in IC 6-3-1-11(a)) to perform youth coachingservices on a part-time basis is not an employee for purposes ofthis chapter.
(9) An officer of a corporation who is the sole officer of thecorporation is an employee of the corporation under thischapter. An officer of a corporation who is the sole officer ofthe corporation may elect not to be an employee of thecorporation under this chapter. If an officer makes this election,the officer must serve written notice of the election on thecorporation's insurance carrier and the board. An officer of acorporation who is the sole officer of the corporation may notbe considered to be excluded as an employee under this chapteruntil the notice is received by the insurance carrier and theboard.
(c) As used in this chapter, "minor" means an individual who hasnot reached seventeen (17) years of age. A minor employee shall beconsidered as being of full age for all purposes of this chapter.However, if the employee is a minor who, at the time of the lastexposure, is employed, required, suffered, or permitted to work inviolation of the child labor laws of this state, the amount ofcompensation and death benefits, as provided in this chapter, shall bedouble the amount which would otherwise be recoverable. Theinsurance carrier shall be liable on its policy for one-half (1/2) of thecompensation or benefits that may be payable on account of thedisability or death of the minor, and the employer shall be whollyliable for the other one-half (1/2) of the compensation or benefits. Ifthe employee is a minor who is not less than sixteen (16) years of ageand who has not reached seventeen (17) years of age, and who at thetime of the last exposure is employed, suffered, or permitted to workat any occupation which is not prohibited by law, the provisions of
this subsection prescribing double the amount otherwise recoverabledo not apply. The rights and remedies granted to a minor under thischapter on account of disease shall exclude all rights and remediesof the minor, the minor's parents, the minor's personalrepresentatives, dependents, or next of kin at common law, statutoryor otherwise, on account of any disease.
(d) This chapter does not apply to casual laborers as defined insubsection (b), nor to farm or agricultural employees, nor tohousehold employees, nor to railroad employees engaged in trainservice as engineers, firemen, conductors, brakemen, flagmen,baggagemen, or foremen in charge of yard engines and helpersassigned thereto, nor to their employers with respect to theseemployees. Also, this chapter does not apply to employees or theiremployers with respect to employments in which the laws of theUnited States provide for compensation or liability for injury to thehealth, disability, or death by reason of diseases suffered by theseemployees.
(e) As used in this chapter, "disablement" means the event ofbecoming disabled from earning full wages at the work in which theemployee was engaged when last exposed to the hazards of theoccupational disease by the employer from whom the employeeclaims compensation or equal wages in other suitable employment,and "disability" means the state of being so incapacitated.
(f) For the purposes of this chapter, no compensation shall bepayable for or on account of any occupational diseases unlessdisablement, as defined in subsection (e), occurs within two (2) yearsafter the last day of the last exposure to the hazards of the diseaseexcept for the following:
(1) In all cases of occupational diseases caused by theinhalation of silica dust or coal dust, no compensation shall bepayable unless disablement, as defined in subsection (e), occurswithin three (3) years after the last day of the last exposure tothe hazards of the disease.
(2) In all cases of occupational disease caused by the exposureto radiation, no compensation shall be payable unlessdisablement, as defined in subsection (e), occurs within two (2)years from the date on which the employee had knowledge ofthe nature of the employee's occupational disease or, byexercise of reasonable diligence, should have known of theexistence of such disease and its causal relationship to theemployee's employment.
(3) In all cases of occupational diseases caused by theinhalation of asbestos dust, no compensation shall be payableunless disablement, as defined in subsection (e), occurs withinthree (3) years after the last day of the last exposure to thehazards of the disease if the last day of the last exposure wasbefore July 1, 1985.
(4) In all cases of occupational disease caused by the inhalationof asbestos dust in which the last date of the last exposureoccurs on or after July 1, 1985, and before July 1, 1988, no
compensation shall be payable unless disablement, as definedin subsection (e), occurs within twenty (20) years after the lastday of the last exposure.
(5) In all cases of occupational disease caused by the inhalationof asbestos dust in which the last date of the last exposureoccurs on or after July 1, 1988, no compensation shall bepayable unless disablement (as defined in subsection (e)) occurswithin thirty-five (35) years after the last day of the lastexposure.
(g) For the purposes of this chapter, no compensation shall bepayable for or on account of death resulting from any occupationaldisease unless death occurs within two (2) years after the date ofdisablement. However, this subsection does not bar compensation fordeath:
(1) where death occurs during the pendency of a claim filed byan employee within two (2) years after the date of disablementand which claim has not resulted in a decision or has resulted ina decision which is in process of review or appeal; or
(2) where, by agreement filed or decision rendered, acompensable period of disability has been fixed and deathoccurs within two (2) years after the end of such fixed period,but in no event later than three hundred (300) weeks after thedate of disablement.
(h) As used in this chapter, "billing review service" refers to aperson or an entity that reviews a medical service provider's bills orstatements for the purpose of determining pecuniary liability. Theterm includes an employer's worker's compensation insurance carrierif the insurance carrier performs such a review.
(i) As used in this chapter, "billing review standard" means thedata used by a billing review service to determine pecuniary liability.
(j) As used in this chapter, "community" means a geographicservice area based on ZIP code districts defined by the United StatesPostal Service according to the following groupings:
(1) The geographic service area served by ZIP codes with thefirst three (3) digits 463 and 464.
(2) The geographic service area served by ZIP codes with thefirst three (3) digits 465 and 466.
(3) The geographic service area served by ZIP codes with thefirst three (3) digits 467 and 468.
(4) The geographic service area served by ZIP codes with thefirst three (3) digits 469 and 479.
(5) The geographic service area served by ZIP codes with thefirst three (3) digits 460, 461 (except 46107), and 473.
(6) The geographic service area served by the 46107 ZIP codeand ZIP codes with the first three (3) digits 462.
(7) The geographic service area served by ZIP codes with thefirst three (3) digits 470, 471, 472, 474, and 478.
(8) The geographic service area served by ZIP codes with thefirst three (3) digits 475, 476, and 477.
(k) As used in this chapter, "medical service provider" refers to a
person or an entity that provides medical services, treatment, orsupplies to an employee under this chapter.
(l) As used in this chapter, "pecuniary liability" means theresponsibility of an employer or the employer's insurance carrier forthe payment of the charges for each specific service or product forhuman medical treatment provided under this chapter in a definedcommunity, equal to or less than the charges made by medicalservice providers at the eightieth percentile in the same communityfor like services or products.
(Formerly: Acts 1937, c.69, s.5; Acts 1955, c.131, s.1; Acts 1955,c.195, s.1; Acts 1961, c.240, s.1; Acts 1963, c.48, s.16; Acts 1969,c.101, s.1; Acts 1974, P.L.109, SEC.3.) As amended by Acts 1979,P.L.228, SEC.2; P.L.224-1985, SEC.1; P.L.95-1988, SEC.12;P.L.75-1993, SEC.5; P.L.8-1993, SEC.284; P.L.1-1994, SEC.111;P.L.110-1995, SEC.34; P.L.216-1995, SEC.5; P.L.2-1996, SEC.266;P.L.258-1997(ss), SEC.13; P.L.235-1999, SEC.7; P.L.31-2000,SEC.7; P.L.202-2001, SEC.8; P.L.201-2005, SEC.7; P.L.1-2009,SEC.127; P.L.180-2009, SEC.2.
IC 22-3-7-9.2
"Violation of the child labor laws of this state"
Sec. 9.2. As used in section 9(c) of this chapter, the term"violation of the child labor laws of this state" means a violation ofIC 20-33-3-35. The term does not include a violation of any otherprovision of IC 20-33-3.
As added by P.L.37-1985, SEC.32. Amended by P.L.106-1992,SEC.12; P.L.1-2005, SEC.183.
IC 22-3-7-10
Definitions; course of employment
Sec. 10. (a) As used in this chapter, "occupational disease" meansa disease arising out of and in the course of the employment.Ordinary diseases of life to which the general public is exposedoutside of the employment shall not be compensable, except wheresuch diseases follow as an incident of an occupational disease asdefined in this section.
(b) A disease arises out of the employment only if there isapparent to the rational mind, upon consideration of all of thecircumstances, a direct causal connection between the conditionsunder which the work is performed and the occupational disease, andwhich can be seen to have followed as a natural incident of the workas a result of the exposure occasioned by the nature of theemployment, and which can be fairly traced to the employment as theproximate cause, and which does not come from a hazard to whichworkers would have been equally exposed outside of theemployment. The disease must be incidental to the character of thebusiness and not independent of the relation of employer andemployee. The disease need not have been foreseen or expected butafter its contraction it must appear to have had its origin in a riskconnected with the employment and to have flowed from that source
as a rational consequence.
(Formerly: Acts 1937, c.69, s.6.) As amended by P.L.144-1986,SEC.61; P.L.28-1988, SEC.51.
IC 22-3-7-10.5
Average weekly wages of public employee; determination
Sec. 10.5. 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.9.
IC 22-3-7-11
Death benefits; payment
Sec. 11. On and after April 1, 1957, and prior to April 1, 1967,when death results from an occupational disease within four hundred(400) weeks, there shall be paid to total dependents of said deceased,as determined by the provisions of IC 22-3-7-12, IC 22-3-7-13,IC 22-3-7-14, IC 22-3-7-15, a weekly compensation amounting tosixty (60) per centum of the deceased's average weekly wage untilthe compensation so paid when added to any compensation paid tothe deceased employee shall equal four hundred (400) weeks, and topartial dependents as hereinafter provided.
On and after April 1, 1967, and prior to April 1, 1969, when deathresults from an occupational disease within four hundred fifty (450)weeks, there shall be paid to total dependents of said deceased, asdetermined by the provisions of IC 22-3-7-12, IC 22-3-7-13,IC 22-3-7-14, IC 22-3-7-15, a weekly compensation amounting tosixty (60) per centum of the deceased's average weekly wage, untilthe compensation so paid when added to any compensation paid tothe deceased employee shall equal four hundred fifty (450) weeks,and to partial dependents as hereinafter provided.
On and after April 1, 1969, and prior to July 1, 1974, when deathresults from occupational disease within five hundred (500) weeks,there shall be paid to total dependents of said deceased, asdetermined by the provisions of IC 22-3-7-12, IC 22-3-7-13,IC 22-3-7-14, IC 22-3-7-15, a weekly compensation amounting tosixty (60) per centum of the deceased's average weekly wage, untilthe compensation so paid when added to any compensation paid tothe deceased employee shall equal five hundred (500) weeks, and topartial dependents as hereinafter provided.
On and after July 1, 1974, and before July 1, 1976, when deathresults from occupational disease within five hundred (500) weeks,there shall be paid to total dependents of said deceased as determinedby the provisions of IC 22-3-7-12, IC 22-3-7-13, IC 22-3-7-14,IC 22-3-7-15, a weekly compensation amounting to sixty-six andtwo-thirds (66 2/3) per centum of the deceased's average weeklywage, up to one hundred thirty-five dollars ($135.00) average weeklywages, until the compensation so paid when added to anycompensation paid to the deceased employee shall equal five
hundred (500) weeks, and to partial dependents as hereinafterprovided.
On and after July 1, 1976, when death results from occupationaldisease within five hundred (500) weeks, there shall be paid to totaldependents of the deceased, as determined by the provisions ofIC 22-3-7-12 through IC 22-3-7-15, a weekly compensationamounting to sixty-six and two-thirds percent (66 2/3%) of thedeceased's average weekly wage, as defined in IC 22-3-7-19, until thecompensation paid, when added to compensation paid to thedeceased employee, equals five hundred (500) weeks, and to partialdependents as provided in this chapter.
(Formerly: Acts 1937, c.69, s.7; Acts 1943, c.115, s.1; Acts 1945,c.290, s.1; Acts 1947, c.164, s.1; Acts 1949, c.242, s.3; Acts 1951,c.250, s.3; Acts 1957, c.353, s.1; Acts 1967, c.313, s.1; Acts 1969,c.101, s.2; Acts 1974, P.L.109, SEC.4.) As amended by Acts 1976,P.L.112, SEC.4.
IC 22-3-7-12
Dependents; classification
Sec. 12. (a) Dependents under this chapter shall consist of thefollowing three (3) classes:
(1) Presumptive dependents.
(2) Total dependents in fact.
(3) Partial dependents in fact.
(b) Presumptive dependents shall be entitled to compensation tothe complete exclusion of total dependents in fact and partialdependents in fact and shall be entitled to such compensation inequal shares.
(c) Total dependents in fact shall be entitled to compensation tothe complete exclusion of partial dependents in fact and shall beentitled to such compensation, if more than one (1) such dependentexists, in equal shares. The question of total dependency shall bedetermined as of the time of death.
(d) Partial dependents in fact shall not be entitled to anycompensation if any other class of dependents exist. The weeklycompensation to persons partially dependent in fact shall be in thesame proportion to the weekly compensation of persons whollydependent as the average amount contributed weekly by the deceasedto such partial dependent in fact bears to his average weekly wagesat the time of the disablement. The question of partial dependency infact shall be determined as of the time of the disablement.
(Formerly: Acts 1937, c.69, s.7a; Acts 1947, c.164, s.2.) As amendedby P.L.144-1986, SEC.62.
IC 22-3-7-13
Presumptive dependents; termination of dependency
Sec. 13. (a) The following persons are conclusively presumed tobe wholly dependent for support upon a deceased employee and shallconstitute the class known as presumptive dependents in section 12of this chapter: (1) A wife upon a husband with whom she is living at the timeof his death, or upon whom the laws of the state impose theobligation of her support at such time. The term "wife", as usedin this subdivision, shall exclude a common law wife unlesssuch common law relationship was entered into before January1, 1958, and, in addition, existed openly and notoriously for aperiod of not less than five (5) years immediately preceding thedeath.
(2) A husband upon his wife with whom he is living at the timeof her death. The term "husband", as used in this subdivision,shall exclude a common law husband unless such common lawrelationship was entered into before January 1, 1958, and, inaddition existed openly and notoriously for a period of not lessthan five (5) years immediately preceding the death.
(3) An unmarried child under the age of twenty-one (21) yearsupon the parent with whom the child is living at the time of thedeath of such parent.
(4) An unmarried child under twenty-one (21) years upon theparent with whom the child may not be living at the time of thedeath of such parent, but upon whom at such time, the laws ofthe state impose the obligation to support such child.
(5) A child over the age of twenty-one (21) years who has neverbeen married and who is either physically or mentallyincapacitated from earning the child's own support, upon aparent upon whom the laws of the state impose the obligationof the support of such unmarried child.
(6) A child over the age of twenty-one (21) years who has neverbeen married and who at the time of the death of the parent iskeeping house for and living with such parent and is nototherwise gainfully employed.
(b) As used in this section, the term "child" includes stepchildren,legally adopted children, posthumous children, and acknowledgedchildren born out of wedlock. The term "parent" includes stepparentsand parents by adoption.
(c) The dependency of a child under subsections (a)(3) and (a)(4)shall terminate when the child attains the age of twenty-one (21).
(d) The dependency of any person as a presumptive dependentshall terminate upon the marriage of such dependent subsequent tothe death of the employee, and such dependency shall not bereinstated by divorce. However, for deaths from injuries occurring onand after July 1, 1977, a surviving spouse who is a presumptivedependent and who is the only surviving dependent of the deceasedis entitled to receive, upon remarriage before the expiration of themaximum statutory compensation period, a lump sum settlementequal to the smaller of one hundred four (104) weeks ofcompensation or the compensation for the remainder of themaximum statutory period.
(e) The dependency of any child under subsection (a)(6) shall beterminated at such time as such dependent becomes gainfullyemployed or marries.(Formerly: Acts 1937, c.69, s.7b; Acts 1947, c.164, s.3; Acts 1963,c.388, s.9.) As amended by Acts 1977, P.L.261, SEC.4;P.L.152-1987, SEC.7; P.L.134-1990, SEC.2.
IC 22-3-7-14
Dependents; total or partial dependents; relatives; termination ofdependency
Sec. 14. Total or partial dependents in fact shall include onlythose persons related to the deceased employee by blood or bymarriage, except an unmarried child under eighteen (18) years of age.Any such person who is actually totally or partially dependent uponthe deceased employee is entitled to compensation as such dependentin fact. The right to compensation of any person totally or partiallydependent in fact shall be terminated by the marriage of suchdependent subsequent to the death of the employee and suchdependency shall not be reinstated by divorce.
(Formerly: Acts 1937, c.69, s.7c; Acts 1947, c.164, s.4.)
IC 22-3-7-15
Death benefits; burial expenses
Sec. 15. In cases of the death of an employee from anoccupational disease arising out of and in the course of theemployee's employment under circumstances that the employeewould have been entitled to compensation if death had not resulted,the employer shall pay the burial expenses of such employee, notexceeding seven thousand five hundred dollars ($7,500).
(Formerly: Acts 1937, c.69, s.7d; Acts 1947, c.164, s.5; Acts 1955,c.241, s.1; Acts 1963, c.388, s.10; Acts 1967, c.313, s.2; Acts 1971,P.L.354, SEC.1.) As amended by P.L.225-1983, SEC.3; P.L.95-1988,SEC.13; P.L.170-1991, SEC.18; P.L.201-2005, SEC.8.
IC 22-3-7-16
Disablements; awards
Sec. 16. (a) Compensation shall be allowed on account ofdisablement from occupational disease resulting in only temporarytotal disability to work or temporary partial disability to workbeginning with the eighth day of such disability except for themedical benefits provided for in section 17 of this chapter.Compensation shall be allowed for the first seven (7) calendar daysonly as provided in this section. The first weekly installment ofcompensation for temporary disability is due fourteen (14) days afterthe disability begins. Not later than fifteen (15) days from the datethat the first installment of compensation is due, the employer or theemployer's insurance carrier shall tender to the employee or to theemployee's dependents, with all compensation due, a properlyprepared compensation agreement in a form prescribed by the board.Whenever an employer or the employer's insurance carrier denies oris not able to determine liability to pay compensation or benefits, theemployer or the employer's insurance carrier shall notify the worker'scompensation 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 disablement.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'sinsurance carrier that sets forth the reasons that the determinationcould not be made within thirty (30) days and states the facts orcircumstances that are necessary to determine liability within theadditional thirty (30) days. More than thirty (30) days of additionaltime may be approved by the worker's compensation board upon thefiling of a petition by the employer or the employer's insurancecarrier 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.
(b) Once begun, temporary total disability benefits may not beterminated by the employer unless:
(1) the employee has returned to work;
(2) the employee has died;
(3) the employee has refused to undergo a medical examinationunder section 20 of this chapter;
(4) the employee has received five hundred (500) weeks oftemporary total disability benefits or has been paid themaximum compensation allowable under section 19 of thischapter; or
(5) the employee is unable or unavailable to work for reasonsunrelated to the compensable disease.
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 for
an 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 section 27 of this chapter.
(c) 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.
(d) 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 this section and,if there are no benefits due the employee or the benefits due theemployee do not equal the amount of the overpayment, the employeeshall be responsible for paying any overpayment which cannot bededucted from benefits due the employee.
(e) For disablements occurring on and after July 1, 1976, fromoccupational disease resulting in temporary total disability for anywork there shall be paid to the disabled employee during thetemporary total disability weekly compensation equal to sixty-six andtwo-thirds percent (66 2/3%) of the employee's average weeklywages, as defined in section 19 of this chapter, for a period not toexceed five hundred (500) weeks. Compensation shall be allowed forthe first seven (7) calendar days only if the disability continues forlonger than twenty-one (21) days.
(f) For disablements occurring on and after July 1, 1974, fromoccupational disease resulting in temporary partial disability forwork there shall be paid to the disabled employee during suchdisability a weekly compensation equal to sixty-six and two-thirdspercent (66 2/3%) of the difference between the employee's averageweekly wages, as defined in section 19 of this chapter, and theweekly wages at which the employee is actually employed after thedisablement, for a period not to exceed three hundred (300) weeks.Compensation shall be allowed for the first seven (7) calendar daysonly if the disability continues for longer than twenty-one (21) days.In case of partial disability after the period of temporary totaldisability, the latter period shall be included as a part of themaximum period allowed for partial disability.
(g) For disabilities occurring on and after July 1, 1979, and beforeJuly 1, 1988, from occupational disease in the schedule set forth insubsection (j), the employee shall receive in addition to disability
benefits, not exceeding fifty-two (52) weeks on account of theoccupational disease, a weekly compensation of sixty percent (60%)of the employee's average weekly wages, not to exceed one hundredtwenty-five dollars ($125) average weekly wages, for the periodstated for the disabilities.
(h) For disabilities occurring on and after July 1, 1988, and beforeJuly 1, 1989, from occupational disease in the schedule set forth insubsection (j), the employee shall receive in addition to disabilitybenefits, not exceeding seventy-eight (78) weeks on account of theoccupational disease, a weekly compensation of sixty percent (60%)of the employee's average weekly wages, not to exceed one hundredsixty-six dollars ($166) average weekly wages, for the period statedfor the disabilities.
(i) For disabilities occurring on and after July 1, 1989, and beforeJuly 1, 1990, from occupational disease in the schedule set forth insubsection (j), the employee shall receive in addition to disabilitybenefits, not exceeding seventy-eight (78) weeks on account of theoccupational disease, a weekly compensation of sixty percent (60%)of the employee's average weekly wages, not to exceed one hundredeighty-three dollars ($183) average weekly wages, for the periodstated for the disabilities.
(j) For disabilities occurring on and after July 1, 1990, and beforeJuly 1, 1991, from occupational disease in the following schedule,the employee shall receive in addition to disability benefits, notexceeding seventy-eight (78) weeks on account of the occupationaldisease, a weekly compensation of sixty percent (60%) of theemployee's average weekly wages, not to exceed two hundred dollars($200) average weekly wages, for the period stated for thedisabilities.
(1) Amputations: 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, two hundred (200)weeks; of the arm above the elbow joint, 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 thefourth toe, fifteen (15) weeks; of the fifth or little toe, ten (10)weeks; of the foot below the knee joint, one hundred fifty (150)weeks; and of the leg above the knee joint, two hundred (200)weeks. The loss of more than one (1) phalange of a thumb ortoe shall be considered as the loss of the entire thumb or toe.The loss of more than two (2) phalanges of a finger shall beconsidered 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 thumb or toe and compensationshall be paid for one-half (1/2) of the period for the loss of theentire thumb or toe. The loss of not more than two (2)phalanges of a finger shall be considered as the loss of one-half(1/2) the finger and compensation shall be paid for one-half
(1/2) of the period for the loss of the entire finger.
(2) 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 and thecompensation shall be paid for the same period as for the lossthereof by separation.
(3) 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.
(4) For disablements for occupational disease resulting in totalpermanent disability, five hundred (500) weeks.
(5) For the loss of both hands, or both feet, or the total sight ofboth eyes, or any two (2) of such losses resulting from the samedisablement by occupational disease, five hundred (500) weeks.
(6) For the permanent and complete loss of vision byenucleation of an eye or its reduction to one-tenth (1/10) ofnormal vision with glasses, one hundred fifty (150) weeks, andfor any other permanent reduction of the sight of an eye,compensation shall be paid for a period proportionate to thedegree of such permanent reduction without correction orglasses. However, when such permanent reduction withoutcorrection or glasses would result in one hundred percent(100%) loss of vision, but correction or glasses would result inrestoration of vision, then compensation shall be paid for fiftypercent (50%) of such total loss of vision without glasses plusan additional amount equal to the proportionate amount of suchreduction with glasses, not to exceed an additional fifty percent(50%).
(7) For the permanent and complete loss of hearing, twohundred (200) weeks.
(8) 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.
(9) 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 paragraph wherecompensation shall be payable under subdivisions (1) through(8). Where compensation for temporary total disability has beenpaid, this amount of compensation shall be deducted from anycompensation due for permanent disfigurement.
(k) With respect to disablements in the following scheduleoccurring on and after July 1, 1991, the employee shall receive inaddition to temporary total disability benefits, not exceeding onehundred twenty-five (125) weeks on account of the disablement,compensation in an amount determined under the following schedule
to be paid weekly at a rate of sixty-six and two-thirds percent (662/3%) of the employee's average weekly wages during the fifty-two(52) weeks immediately preceding the week in which thedisablement 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; ofseparation 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 occurring on or after July 1, 1997: For the lossby separation of any of the body parts described in subdivision(1) on or after July 1, 1997, the dollar values per degreeapplying on the date of the injury as described in subsection (l)shall be multiplied by two (2). However, the doubling provisionof this subdivision does not apply to a loss of use that is not aloss 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 beconsidered 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 or its reduction to one-tenth (1/10) of normal visionwith glasses, thirty-five (35) degrees of permanent impairment.
(6) 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.
(7) For the loss of one (1) testicle, ten (10) degrees ofpermanent impairment; for the loss of both testicles, thirty (30)degrees of permanent impairment.
(8) 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.
(9) 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.
(10) For disablements resulting in total permanent disability, theamount payable for impairment or five hundred (500) weeks ofcompensation, whichever is greater.
(11) For any permanent reduction of the sight of an eye lessthan a total loss as specified in subdivision (5), 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 additionalamount equal to the proportionate amount of the reduction withglasses, not to exceed an additional fifty percent (50%).
(12) For any permanent reduction of the hearing of one (1) orboth ears, less than the total loss as specified in subdivision (6),compensation shall be paid in an amount proportionate to thedegree of a permanent reduction.
(13) 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.
(14) 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.
(l) With respect to disablements occurring on and after July 1,1991, compensation for permanent partial impairment shall be paidaccording to the degree of permanent impairment for the disablement
determined under subsection (k) and the following:
(1) With respect to disablements 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 disablements 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 disablements 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 hundreddollars ($1,700) per degree.
(4) With respect to disablements 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 disablements 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 hundred
dollars ($1,700) per degree.
(6) With respect to disablements 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 disablements 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 disablements occurring on and after