Title 62 - WORKERS' COMPENSATION
- Chapter 01 - Definitions And General Provisions
- Section 62-1-1 - Definition of terms.
- Section 62-1-1.1 - Medical practitioner defined.
- Section 62-1-1.2 - "Impairment" defined.
- Section 62-1-1.3 - Presumption that certain noncompensable injuries are nonwork related--Coverageunder other insurance policy.
- Section 62-1-10 - Owner-operator of certain vehicles as independent contractor.
- Section 62-1-11 - Requirements for owner-operator of vehicle for certification as independentcontractor.
- Section 62-1-12 - Issuance of certificate of independent contractor status to owner-operator of certainvehicles.
- Section 62-1-13 - Election of owner-operator of certain vehicles to participate in workers'compensation system as sole proprietor.
- Section 62-1-14 - Promulgation of rules.
- Section 62-1-15 - Evidence of injury supported by medical findings.
- Section 62-1-16 - Employer civilly liable for retaliatory termination of employee--Burden of proof.
- Section 62-1-17 - Discrimination in hiring based upon preexisting injury prohibited.
- Section 62-1-2 - "Employer" defined.
- Section 62-1-3 - Employee defined.
- Section 62-1-4 - Municipal and county officers--Inclusion within definition of employee.
- Section 62-1-4.1 - Elementary and secondary students, postsecondary technical institutes notemployees--Exception for work in vocational education.
- Section 62-1-5 - Fire department, ambulance service, and rescue squad volunteers--Employees ofcounty, municipality, special purpose district, or township--Imputed wage.
- Section 62-1-5.1 - Volunteers serving state or political subdivision without pay--Computing or imputingwage--Certain persons not deemed volunteers.
- Section 62-1-5.2 - Requirements for volunteer firefighters to become eligible for workers'compensation--Amount of benefits--Limitation on eligibility.
- Section 62-1-6 - Conservation officers acting as law enforcement officers.
- Section 62-1-7 - Executive officers as employees of corporations--Exception as to nonprofitcorporations.
- Section 62-1-8 - Nonprofit corporation complying with title--Executive officer as employee.
- Section 62-1-9 - Citation of title.
- Chapter 02 - Administration Of Title
- Section 62-2-1 - Repealed.
- Section 62-2-10 - Workers' Compensation Advisory Council--Members--Compensation Expenses--Terms--Quorum--Duties--Report.
- Section 62-2-11 - Posting safety information.
- Section 62-2-12 - Small claims procedure for medical expense claims.
- Section 62-2-13 - Promulgation of rules regarding small claims procedure.
- Section 62-2-14 - Initiation of claim.
- Section 62-2-15 - Notice to party claimed against.
- Section 62-2-16 - Setoff or counterclaim.
- Section 62-2-17 - Hearing.
- Section 62-2-18 - Evidence.
- Section 62-2-19 - Release and disclosure of medical records.
- Section 62-2-20 - Appeal.
- Section 62-2-21 - Representation by counsel or agent--Fee for services.
- Section 62-2-4 - Repealed.
- Section 62-2-5 - Enforcement of title--Rules promulgation.
- Section 62-2-6 - Investigations--Subpoena of witnesses and records.
- Section 62-2-7 - Repealed.
- Sections 62-2-2, 62-2-3 - Repealed
- Sections 62-2-8, 62-2-9 - Repealed
- Chapter 03 - Covered Employment And Employer's Responsibility
- Section 62-3-1 - Measure of responsibility assumed by employer.
- Section 62-3-10 - Liability to subcontractor's employee.
- Section 62-3-11 - Election to proceed against employer--Options.
- Section 62-3-12 - Repealed.
- Section 62-3-13 - Penalty for failure to perform statutory duty unaffected.
- Section 62-3-14 - Reciprocity with other states.
- Section 62-3-15 - Exemption of domestics, agricultural laborers or workfare participants.
- Section 62-3-16 - Agricultural work subject to title--Liability insurance required.
- Section 62-3-17 - Voluntary waiver of exemption by insuring liability.
- Section 62-3-2 - Rights and remedies of employees limited.
- Section 62-3-3 - Employer and employee bound by provisions of title--Exceptions.
- Section 62-3-4 - Employment covered by federal compensation law not subject to title.
- Section 62-3-5 - Security required for acceptance of title.
- Section 62-3-5.1 - Notice by corporate officer rejecting coverage--Withdrawal of rejection.
- Sections 62-3-11.1, 62-3-11.2 - Repealed
- Sections 62-3-6 to 62-3-9 - Repealed
- Chapter 04 - Compensation For Injury Or Death
- Section 62-4-1 - Medical and hospital expense.
- Section 62-4-1.1 - Employer's duties upon receipt of medical bill.
- Section 62-4-1.2 - Fine for noncompliance.
- Section 62-4-1.3 - Release of medical records.
- Section 62-4-10 - Installment payments of compensation.
- Section 62-4-10.1 - Penalty for untimely payment of installments--Other remedies.
- Section 62-4-11 - Specific bodily injuries--Death before full payment of installments--Payments todependents.
- Section 62-4-12 - Injury resulting in death--Compensation to spouse or children--Remarriage--Full-time students.
- Section 62-4-12.1 - Injury resulting in death--Compensation to spouse or children--Children not incustody of surviving spouse.
- Section 62-4-13 - Injury resulting in death--Additional compensation for child under eighteen.
- Section 62-4-14 - Injury resulting in death--No surviving spouse or children--Payment to dependentparent, grandparent, or minor sibling.
- Section 62-4-15 - Injury resulting in death--Payments to dependent collateral heirs.
- Section 62-4-16 - Burial and transportation expenses paid when death results from injury.
- Section 62-4-17 - Installment payment of death benefits.
- Section 62-4-18 - Death benefits--Payment to personal representative or beneficiaries--Distribution toheirs.
- Section 62-4-19 - Payment of death benefits to personal representative--Release of employer fromobligation.
- Section 62-4-2 - Waiting period for temporary disability benefits.
- Section 62-4-20 - Payment of death benefits to surviving spouse for minor children--Conservatorshipnot required.
- Section 62-4-21 - Spouse of deceased employee--Qualification for benefits.
- Section 62-4-22 - Transfer of surviving spouse's right to compensation to surviving child.
- Section 62-4-23 - Repealed.
- Section 62-4-24 - Employment for year preceding injury--Determination of average weekly wage.
- Section 62-4-25 - Employment for less than year preceding injury--Determination of average weeklywage.
- Section 62-4-26 - Computation of average weekly wage when other methods not feasible.
- Section 62-4-27 - Seasonal employment--Determination of average weekly wage.
- Section 62-4-28 - Employee earning no wages or less than day laborers--Computation of averageweekly wage.
- Section 62-4-29 - Apportionment of compensation for subsequent injury.
- Section 62-4-29.1 - "Claimant" defined for subsequent injury fund claims.
- Section 62-4-3 - Amount of temporary total disability compensation.
- Section 62-4-3.1 - Annual computation of average weekly wage in state--Period for which applied.
- Section 62-4-30 - Determination of amount for each installment period.
- Section 62-4-31 - Working week defined.
- Section 62-4-32 - Repealed.
- Section 62-4-33 - Repealed.
- Section 62-4-34.3 - Repealed.
- Section 62-4-34.7 - Administration of fund to continue until all valid claims approved, denied or settled--Claim for injury occurring after July 1, 2001, barred--Disposition of fund balance.
- Section 62-4-35 - Repealed.
- Section 62-4-36 - Repealed.
- Section 62-4-37 - Injury or death due to willful misconduct of employee not compensable.
- Section 62-4-38 - Right of action when third person is liable--Election by employee--Offset ofrecovered damages.
- Section 62-4-39 - Compensation paid by employer--Reimbursement from damages recovered fromthird party.
- Section 62-4-4 - Repealed.
- Section 62-4-40 - Recovery by employer from third party--Excess held for employee.
- Section 62-4-41 - Priority of rights to compensation.
- Section 62-4-42 - Assignment of payments prohibited--Certain compensation exempt from claims ofcreditors.
- Section 62-4-43 - Selection of medical practitioner or surgeon by employee.
- Section 62-4-44 - Report to be submitted to employer and department by treating practitioner orsurgeon--Time limit..
- Section 62-4-45 - Information about injury to be made available--Penalty for withholding information.
- Section 62-4-46 - Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.
- Section 62-4-47 - Written request to stop payments--Fraud--Injury outside of employment.
- Section 62-4-48 - Investigation of written request to stop payments.
- Section 62-4-49 - Confidentiality of investigative records--Release--Misdemeanor.
- Section 62-4-5 - Compensation for partial disability.
- Section 62-4-5.1 - Compensation during period of rehabilitation--Procedure.
- Section 62-4-50 - Immunity for good faith written request of investigation--False written request asmisdemeanor.
- Section 62-4-51 - Fraudulent workers' compensation claims as misdemeanor.
- Section 62-4-52 - Definition of terms.
- Section 62-4-53 - Permanent total disability--Burden of proof--Moving expenses paid by employer incertain cases.
- Section 62-4-54 - Determining usual and customary line of employment.
- Section 62-4-6 - Additional compensation for specific bodily injuries.
- Section 62-4-7 - Compensation for permanent total disability--Annual increase.
- Section 62-4-7.1 - Prospective application of benefit increase in § 62-4-7.
- Section 62-4-8 - Death resulting from injury--Payments to personal representative or beneficiaries ofdeceased.
- Section 62-4-8.1 - Scholarships provided to certain persons receiving workers' compensation benefits--Eligibility.
- Section 62-4-9 - Repealed.
- Sections 62-4-34.4 to 62-4-34.6 - Repealed
- Sections 62-4-34 to 62-4-34.2 - Repealed
- Sections 62-4-36.1 to 62-4-36.3 - Repealed
- Chapter 05 - Insurance And Security For Payments
- Section 62-5-1 - Methods of securing payment of compensation.
- Section 62-5-10 - Surety for performance required for self-insurers--Irrevocable trust.
- Section 62-5-11 - Irrevocable letter of credit defined.
- Section 62-5-12 - Deposit of surety bonds, letters of credit, etc.
- Section 62-5-13 - Deposit of certificate of deposit or government securities.
- Section 62-5-14 - Deposit and withdrawal of cash.
- Section 62-5-15 - Perfected security interest in deposit--Release of security interest.
- Section 62-5-16 - Claims administration contracts.
- Section 62-5-17 - Public utilities--Certificate of financial good standing.
- Section 62-5-18 - Reduction of premium where employer selects a policy with a deductible.
- Section 62-5-19 - Deductible does not affect reporting requirements.
- Section 62-5-2 - Obtaining workers' compensation insurance.
- Section 62-5-20 - Insurer to pay entire loss--Employer to reimburse deductible amount.
- Section 62-5-3 - Reciprocal or interinsurance contracts providing indemnity for loss under workers'compensation law.
- Section 62-5-4 - Repealed.
- Section 62-5-5 - Self-insurance by employer--Annual proof of solvency and financial ability--Application fee--Deposit of fees--Certificate of exemption.
- Section 62-5-6 - Exemption of political subdivisions from security provisions.
- Section 62-5-7 - Failure to secure payment as election not to operate under title.
- Section 62-5-8 - Commission for placing insurance limited.
- Section 62-5-9 - Issuance of policy to employer--Certification to department.
- Chapter 06 - Employers' Records And Reports
- Section 62-6-1 - Record of injuries sustained by employees--Copy to employee--Failure asmisdemeanor.
- Section 62-6-2 - Employer's report of injury--Failure to report as misdemeanor.
- Section 62-6-3 - Insurer to file copy of injury report with department--Notice of denial of coverage byinsurer or employer--Suspension, revocation, or refusal of authority fornoncompliance.
- Section 62-6-4 - Wage records of employees--Inspection by department, purposes.
- Section 62-6-5 - Information confidential--Release to employee or public agency.
- Chapter 07 - Claims Procedure
- Section 62-7-1 - Compulsory medical examination of employee at request of employer.
- Section 62-7-10 - Notice to employer of injury--Condition precedent to compensation.
- Section 62-7-11 - Repealed.
- Section 62-7-12 - Failure to reach agreement as to compensation--Hearing by department.
- Section 62-7-12.1 - Hearing officer to be licensed attorney.
- Section 62-7-12.2 - Informal request for disqualification of hearing examiner.
- Section 62-7-13 - Hearing by department--Place of holding--Decision, filing and service.
- Section 62-7-14 - Appointment of impartial medical examiner--Fee.
- Section 62-7-15 - Hearing by department--Fees and mileage of witnesses--Taxation of costs.
- Section 62-7-16 - Petition for review of decision of department--Revision or affirmance.
- Section 62-7-17 - Appeal from decision of department without petition for review.
- Section 62-7-18 - Decision of department not final until determination of petition for review.
- Section 62-7-19 - Appeals to circuit court.
- Section 62-7-2 - Employee's physician present at examination--Copy of report to employee notemploying physician.
- Section 62-7-3 - Refusing or obstructing examination--Suspension of compensation payments.
- Section 62-7-30 - Notice or orders--Method of service.
- Section 62-7-31 - Judgment taken on memorandum of agreement or portion of order or decision.
- Section 62-7-32 - Modification or revocation of judgment taken on award or memorandum ofagreement.
- Section 62-7-33 - Review of payment by department.
- Section 62-7-34 - Notice given by department--Statutory notice--Writing required--Manner of service.
- Section 62-7-35 - Limitation of action on claim for compensation.
- Section 62-7-35.1 - Time limitation for claiming additional compensation--Application of limit.
- Section 62-7-35.2 - Application of time limits to minor or person with mental illness or developmentaldisability.
- Section 62-7-35.3 - Right to compensation barred under certain circumstances.
- Section 62-7-36 - Approval of legal fees--Amount--Lump sum payment.
- Section 62-7-37 - Mediation--Promulgation of rules.
- Section 62-7-38 - Multiple employers or insurers where preexisting injury or cumulative traumaclaimed--Responsibility for payment.
- Section 62-7-39 - Determining partial or permanent total disability compensation.
- Section 62-7-4 - Repealed.
- Section 62-7-40 - False testimony.
- Section 62-7-5 - Agreement as to compensation--Approval by department.
- Section 62-7-6 - Petition for lump-sum settlement--Hearing by and order of department--Beneficiariesexcluded--Partial lump sum payment.
- Section 62-7-7 - Appointment of conservator or administrator in connection with lump-sumsettlement.
- Section 62-7-8 - Fees for health services subject to approval--Excessive fees or services.
- Section 62-7-8.1 - Ability to pay for health care--Impermissible basis for higher fees--Misdemeanor.
- Section 62-7-9 - Repealed.
- Sections 62-7-20 to 62-7-29 - Repealed
- Chapter 08 - Occupational Disease Disability
- Section 62-8-1 - Definition of terms.
- Section 62-8-10 - Repealed.
- Section 62-8-11 - Filing time to qualify for disability or death compensation.
- Section 62-8-12 - Conditions of liability--Burden of proof.
- Section 62-8-13 - Notice of disability required--Claim for compensation.
- Section 62-8-14 - Silicosis cases--Period of exposure.
- Section 62-8-15 - Last employer liable--Amount of compensation--Notice of disability--Claim forcompensation.
- Section 62-8-16 - Maximum compensation for death or disability.
- Section 62-8-17 - Waiver of disability benefits by working for another.
- Section 62-8-18 - Death in case of silicosis--Liability of last employer.
- Section 62-8-19 - Disability or death from silicosis with complication of tuberculosis.
- Section 62-8-2 - Repealed.
- Section 62-8-20 - Partial disability due to silicosis not compensable--Exceptions.
- Section 62-8-21 - Dependency arising after disability.
- Section 62-8-22 - Disability or death due to employee's willful misconduct, willful self-exposure, ordisobedience not compensable.
- Section 62-8-23 - Willful self-exposure--Acts constituting.
- Section 62-8-24 - Waiver of full compensation for aggravation of nondisabling silicosis--Amount ofclaim limited.
- Section 62-8-25 - Contract waiving all claims for compensation for aggravation of nondisablingsilicosis.
- Section 62-8-26 - Voluntary waiver--Finding by department.
- Section 62-8-27 - Termination of employment because of nondisabling silicosis--Allowance ofcompensation.
- Section 62-8-28 - Petition of employee for examination for silicosis--Payment of costs--Findings ofdepartment.
- Section 62-8-29 - Notice of disease or death required for compensation.
- Section 62-8-3 - Contracted and incurred defined.
- Section 62-8-30 - Time for notice of incapacity from ionizing radiation.
- Section 62-8-31 - Persons who may give notice and make claim.
- Section 62-8-32 - Time for making claim for further compensation after discontinuance.
- Section 62-8-4 - Right to compensation--Applicability of workers' compensation law.
- Section 62-8-40.1 - Contracts for medical reports.
- Section 62-8-41 - Autopsy ordered by department upon filing of claim.
- Section 62-8-42 - Autopsy ordered by department where controversy may exist.
- Section 62-8-43 - Refusal to permit autopsy--Suspension of proceedings for compensation.
- Section 62-8-44 - Modification of award.
- Section 62-8-45 - Agreements between employer and employee.
- Section 62-8-46 - Repealed.
- Section 62-8-5 - Repealed.
- Section 62-8-6 - Employers and workers subject to chapter--Security for compensation--Right tocompensation as exclusive remedy.
- Section 62-8-9 - Repealed.
- Sections 62-8-33 to 62-8-40 - Superseded
- Sections 62-8-7, 62-8-8 - Repealed
- Chapter 09 - Compensation For Permanent Loss Of Hearing
- Section 62-9-1 - Compensation for permanent occupational hearing loss.
- Section 62-9-10 - Liability for pre-employment and nonoccupational losses--Loss prior to July 1, 1974.
- Section 62-9-11 - Effect of hearing aid use on compensation--Provision of hearing aid by employer.
- Section 62-9-12 - Removal from exposure for six-month period prerequisite to filing of claim--Limitation period applicable to claims--How claims to be filed.
- Section 62-9-13 - Repealed.
- Section 62-9-14 - Compensability of hearing loss caused by explosion or trauma.
- Section 62-9-2 - Definition of terms.
- Section 62-9-3 - Calculation of hearing loss--What loss is compensable.
- Section 62-9-4 - Hearing loss to be determined on binaural basis--How calculated.
- Section 62-9-5 - Deductions from total average decibel loss.
- Section 62-9-6 - Amount of compensation payable for total or partial hearing loss.
- Section 62-9-7 - No benefits for temporary total or partial disability or for tinnitus.
- Section 62-9-8 - No benefits where employee fails to regularly use employer-provided protectiondevices.
- Section 62-9-9 - What employer is liable for compensation--Duration of exposure required forcompensability.