reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-17.6. Formulary; Reimbursement for "N" Drug

Sec. 17.6. (a) As used in this section, "formulary" refers to the Official Disability Guidelines (ODG) Workers' Compensation Drug Formulary Appendix A published by MCG Health.
(b) As used in this section, "medical emergency" means the sudden onset of a medical condition manifested by acute symptoms of sufficient severity, including severe pain, that in the absence of immediate medical attention could reasonably be expected to result in:
(1) serious jeopardy to the employee's health or bodily functions; or
(2) serious dysfunction of a body part or organ.
(c) Beginning January 1, 2019, reimbursement is not permitted for a claim for payment for a drug that:
(1) is prescribed for use by an employee who files a notice of occupational disease under this chapter; and
(2) according to the formulary, is an "N" drug.
However, if the employee begins use of the "N" drug before July 1, 2018, and the use continues after January 1, 2019, reimbursement is permitted for the "N" drug until January 1, 2020.
(d) If a prescribing physician submits to an employer a request to permit use of an "N" drug described in subsection (c), including the prescribing physician's reason for requesting use of an "N" drug, and the employer approves the request, the prescribing physician may prescribe the "N" drug for use by the disabled employee.
(e) If the employer does not approve the prescribing physician's request under subsection (d) to permit use of an "N" drug, the employer shall:
(1) send the request to a third party that is certified by the Utilization Review Accreditation Commission to make a determination concerning the request; and
(2) notify the prescribing physician and the disabled employee of the third party's determination not more than five (5) business days after receiving the request.
(f) If an employer fails to provide the notice required by subsection (e)(2), the prescribing physician's request under subsection (d) is considered approved, and reimbursement of the "N" drug prescribed for use by the disabled employee is authorized.
(g) If the third party's determination under subsection (e) is to deny the prescribing physician's request to permit the use of an "N" drug:
(1) the employer shall notify the prescribing physician and the disabled employee; and
(2) the disabled employee may apply to the worker's compensation board for a final determination concerning the third party's determination under subsection (e).
(h) Notwithstanding subsections (c) through (g), during a medical emergency, an employee shall receive a drug prescribed for the employee even if the drug is an "N" drug according to the formulary.
As added by P.L.206-2018, SEC.2. Amended by P.L.10-2019, SEC.96.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-18. Awards; Lump Sum Payments

Sec. 18. (a) Any employer or employee or beneficiary who shall desire to have such compensation, or any unpaid part thereof, paid in a lump sum, may petition the worker's compensation board, asking that such compensation be so paid, and if, upon proper notice to the interested parties, and a proper showing made before the worker's compensation board, or any member thereof, it appears to the best interest of the parties that such compensation be so paid, the worker's compensation board may order the commutation of the compensation to an equivalent lump sum, which commutation shall be an amount which will equal the total sum of the probable future payments capitalized at their present value upon the basis of interest calculated at three percent (3%) per year with annual rests. In cases indicating complete disability, no petition for a commutation to a lump sum basis shall be entertained by the board until after the expiration of six (6) months from the date of the disablement.
(b) Whenever the worker's compensation board deems it expedient, any lump sum under this section shall be paid by the employer to some suitable person or corporation appointed by the circuit or superior court, as trustee, to administer the same for the benefit of the person entitled thereto, in the manner authorized by the court appointing such trustee. The receipt of such trustee for the amount so paid shall discharge the employer or anyone else who is liable therefor.
Formerly: Acts 1937, c.69, s.10. As amended by P.L.28-1988, SEC.53; P.L.1-2006, SEC.341.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-21. Awards; Disqualification

Sec. 21. (a) No compensation is allowed for any condition of physical or mental ill-being, disability, disablement, or death for which compensation is recoverable on account of accidental injury under chapters 2 through 6 of this article.
(b) No compensation is allowed for any disease or death knowingly self-inflicted by the employee, or due to his intoxication, his commission of an offense, his knowing failure to use a safety appliance, his knowing failure to obey a reasonable written or printed rule of the employer which has been posted in a conspicuous position in the place of work, or his knowing failure to perform any statutory duty. The burden of proof is on the defendant.
Formerly: Acts 1937, c.69, s.14. As amended by Acts 1978, P.L.2, SEC.2212.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-22. Industrial Board; Expenses; Office Space; Meetings

Sec. 22. (a) The members of the board and its assistants shall be entitled to receive from the state their actual and necessary expenses while traveling on the business of the board, but such expenses shall be sworn to by the person who incurred the same, and shall be approved by the chairman of the board before payment is made. All expenses of the board in connection with this chapter shall be audited and paid out of the state treasury in the manner prescribed for similar expenses in other departments or branches of the state service.
(b) The board shall be provided with adequate offices in the capitol or some other suitable building in the city of Indianapolis in which the records shall be kept and its official business be transacted during regular business hours. It shall also be provided with necessary office furniture, stationery, and other supplies. The board or any member thereof may hold sessions at any place within the state as may be deemed necessary.
Formerly: Acts 1937, c.69, s.15. As amended by P.L.144-1986, SEC.64.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-23. Jurisdiction; Administration

Sec. 23. The worker's compensation board shall have jurisdiction over the operation and administration of the compensation provisions of this chapter, the board shall perform all of the duties imposed upon it by the provisions of this chapter, and such further duties as may be imposed by law and the rules of the board not inconsistent with this chapter.
Formerly: Acts 1937, c.69, s.16. As amended by P.L.144-1986, SEC.65; P.L.28-1988, SEC.55.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-24. Rules; Hearings; Subpoenas; Production of Books and Papers; Attorney's Fees

Sec. 24. (a) The worker's compensation board may make rules not inconsistent with this chapter for carrying out the provisions of this chapter. Processes and procedures under this chapter shall be as summary and simple as reasonably may be. The board, or any member thereof, shall have the power, for the purpose of this chapter, to subpoena witnesses, administer or cause to have administered oaths, and to examine or cause to have examined such parts of the books and records of the parties to a proceeding as relate to questions in dispute. The county sheriff shall serve all subpoenas of the board and shall receive the same fees as provided by law for like service in civil actions. Each witness who appears in obedience to such subpoena of the board shall receive for attendance the fees and mileage for witnesses in civil cases in the courts. The circuit or superior court shall, on application of the board or any member thereof, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records.
(b) The fees of attorneys and physicians and charges of nurses and hospitals for services under this chapter shall be subject to the approval of the worker's compensation board. When any claimant for compensation is represented by an attorney in the prosecution of his claim, the board shall fix and state in the award, if compensation be awarded, the amount of the claimant's attorney's fees. The fee so fixed shall be binding upon both the claimant and his attorney, and the employer shall pay to the attorney, out of the award, the fee so fixed, and the receipt of the attorney therefor shall fully acquit the employer for an equal portion of the award.
(c) Whenever the worker's compensation board shall determine upon hearing of a claim that the employer has acted in bad faith in adjusting and settling said award, or whenever the board shall determine upon hearing of a claim that the employer has not pursued the settlement of said claim with diligence, then the board shall, if compensation be awarded, fix the amount of the claimant's attorney's fees and such attorney's fees shall be paid to the attorney and shall not be charged against the award to the claimant. Such fees as are fixed and awarded on account of a lack of diligence or because of bad faith on the part of the employer shall not be less than one hundred fifty dollars ($150).
(d) The worker's compensation board may withhold the approval of the fees of the attending physician in any case until he shall file a report with the board on the form prescribed by such board.
Formerly: Acts 1937, c.69, s.17; Acts 1965, c.206, s.2. As amended by P.L.144-1986, SEC.66; P.L.28-1988, SEC.56.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-25. Forms and Literature; Reports; Confidential Information

Sec. 25. The board shall prepare and cause to be printed, and upon request furnish free of charge to any employer or employee, such blank forms and literature as it shall deem requisite to facilitate or promote the efficient administration of this chapter. The reports of occupational diseases and reports of attending physicians shall be the private records of the board, which shall be open to the inspection of the employer, the employee, and their legal representatives, but not to the public unless, in the opinion of the board, the public interest shall so require.
Formerly: Acts 1937, c.69, s.18. As amended by P.L.144-1986, SEC.67.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-26. Disputes; Settlement

Sec. 26. All disputes arising under this chapter, except section 3 of this chapter, if not settled by the agreement of the parties interested therein, with the approval of the board, shall be determined by the board.
Formerly: Acts 1937, c.69, s.19. As amended by P.L.144-1986, SEC.68.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-28. Destruction of Records

Sec. 28. In order to prevent the accumulation of unnecessary and useless files of papers, the board, in its discretion, may destroy all papers which have been on file for more than two (2) years when there is no claim for compensation pending, or, when compensation has been awarded either by agreement or upon hearing, and more than two (2) years have elapsed since the termination of the compensation period as fixed by the board, but notices of election or rejection shall not be destroyed. However, all records of insurance coverage shall be maintained for thirty-five (35) years.
Formerly: Acts 1937, c.69, s.21. As amended by Acts 1979, P.L.17, SEC.34; P.L.224-1985, SEC.3; P.L.95-1988, SEC.18; P.L.139-2020, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-29. Priorities and Preferences; Assignment; Claims of Creditors; Child Support Income Withholding

Sec. 29. (a) All rights of compensation granted by this chapter shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages for labor.
(b) Except as provided in subsection (c), no claims for compensation under this chapter shall be assignable, and all compensation and claims therefor shall be exempt from all claims of creditors.
(c) Compensation awards under section 16 of this chapter are subject to child support income withholding under IC 31-16-15 and other remedies available for the enforcement of a child support order. The maximum amount that may be withheld under this subsection is one-half (1/2) of the compensation award.
Formerly: Acts 1937, c.69, s.22. As amended by P.L.144-1986, SEC.70; P.L.95-1988, SEC.19; P.L.1-1997, SEC.107.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-30. Awards; Private Agreements; Filing

Sec. 30. (a) If, after seven (7) days from the date of disablement or any time, in case of death, the employer and the employee or his dependents reach an agreement in regard to compensation under this chapter, a memorandum of the agreement in the form prescribed by the worker's compensation board shall be filed with the board; otherwise such agreement shall be voidable by the employee or his dependent.
(b) If approved by the board, the memorandum shall for all purposes be enforceable by the court decree as specified in this chapter.
(c) An agreement under this section shall be approved by the board only when the terms conform to this chapter.
Formerly: Acts 1937, c.69, s.23. As amended by P.L.144-1986, SEC.71; P.L.28-1988, SEC.58.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-31. Waiver of Compensation; Approval; Silicosis or Asbestosis

Sec. 31. (a) No employee, personal representative, or beneficiary shall have power to waive any of the provisions of this chapter in regard to the amount of compensation which may be payable to such employee, personal representative, or beneficiary except after approval by the worker's compensation board.
(b) Any employee who, prior to June 7, 1937, has contracted silicosis or asbestosis but is not disabled therefrom may, by August 6, 1937, file with the industrial board a request for permission to waive full compensation on account of disability or death resulting from silicosis or asbestosis, or any direct result thereof, supported by medical evidence satisfactory to the industrial board that he has actually contracted silicosis or asbestosis but is not disabled therefrom.
(c) If the industrial board shall approve a waiver filed under subsection (b), the compensation payable for such resulting disability or death of such employee, after further exposure in the employment of any employer shall be fifty percent (50%) of the compensation which but for such waiver would have been payable by any such employer.
Formerly: Acts 1937, c.69, s.24. As amended by P.L.144-1986, SEC.72; P.L.28-1988, SEC.59.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-32. Actions and Proceedings; Notice; Limitation of Actions

Sec. 32. (a) No proceedings for compensation under this chapter shall be maintained unless notice has been given to the employer of disablement arising from an occupational disease as soon as practicable after the date of disablement. No defect or inaccuracy of such notices shall be a bar to compensation unless the employer proves that he is unduly prejudiced in such proceedings by such defect or inaccuracy.
(b) The notice provided for in subsection (a) shall state the name and address of the employee and the nature and cause of the occupational disease and disablement or death therefrom, and shall be signed by the employee with a disability or by someone in the employee's behalf, or by one (1) or more of the dependents, in case of death, or by some person in their behalf. Such notice may be served personally upon the employer or upon any foreman, superintendent, or manager of the employer to whose orders the employee with a disability or deceased employee was required to conform or upon any agent of the employer upon whom a summons in a civil action may be served under the laws of the state or may be sent to the employer by registered letter, addressed to the employer's last known residence or place of business.
(c) No proceedings by an employee for compensation under this chapter shall be maintained unless claim for compensation shall be filed by the employee with the worker's compensation board within two (2) years after the date of the disablement.
(d) No proceedings by dependents of a deceased employee for compensation for death under this chapter shall be maintained unless claim for compensation shall be filed by the dependents with the worker's compensation board within two (2) years after the date of death.
(e) No limitation of time provided in this chapter shall run against any person who is mentally incompetent or a minor dependent, so long as the person has no guardian or trustee.
Formerly: Acts 1937, c.69, s.25; Acts 1955, c.195, s.2. As amended by P.L.144-1986, SEC.73; P.L.28-1988, SEC.60; P.L.99-2007, SEC.184.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-33. Exposure; Presumptions; Joint Employers

Sec. 33. (a) An employee shall be conclusively deemed to have been exposed to the hazards of an occupational disease when for any length of time, however short, he is employed in an occupation or process in which the hazard of the disease exists. The employer liable for the compensation provided for in this chapter shall be the employer in whose employment the employee was last exposed to the hazards of the occupational disease claimed upon regardless of the length of time of the last exposure. In cases involving silicosis or asbestos, the only employer liable shall be the last employer in whose employment the employee was last exposed during the period of sixty (60) days or more to the hazard of the occupational disease. In cases involving silicosis or asbestos, an exposure during a period of less than sixty (60) days shall not be considered a last exposure. The insurance carrier liable shall be the carrier whose policy was in effect covering the employer liable on the last day of the exposure rendering the employer liable, in accordance with the provisions of this chapter.
(b) Whenever any employee for whose disability or death compensation is payable under this chapter shall, at the time of the last exposure, be exposed in the joint service of two (2) or more employers subject to the compensation provisions of this chapter, the employers shall contribute to the payment of the compensation in proportion to their wage liability to the employees. Nothing in this section shall prevent any reasonable arrangements between employers for a different distribution between themselves of the ultimate burden of compensation.
Formerly: Acts 1937, c.69, s.26; Acts 1957, c.353, s.3. As amended by P.L.224-1985, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-34.3. Proof of Compliance; Notice; Civil Penalty; Internet Posting

Sec. 34.3. (a) The worker's compensation board is entitled to request that an employer provide the board with current proof of compliance with section 34 of this chapter.
(b) If an employer fails or refuses to provide current proof of compliance by the tenth day after the employer receives the board's request under subsection (a), the board:
(1) shall send the employer a written notice that the employer is in violation of section 34 of this chapter; and
(2) may assess a civil penalty against the employer of one hundred dollars ($100) per day beginning on the date of the request under subsection (a) and ending on the date compliance occurs.
(c) An employer may challenge the board's assessment of a civil penalty under subsection (b)(2) by requesting a hearing in accordance with procedures established by the board.
(d) The board shall waive a civil penalty assessed under subsection (b)(2) if the employer provides the board current proof of compliance by the twentieth day after the date the employer receives the board's notice under subsection (b)(1).
(e) If an employer fails or refuses to:
(1) provide current proof of compliance by the twentieth day after the date the employer receives the board's notice under subsection (b)(1); or
(2) pay a civil penalty assessed under subsection (b)(2);
the board may, after notice to the employer and a hearing, order that the noncompliant employer's name be listed on the board's Internet web site.
(f) A noncompliant employer's name may be removed from the board's Internet web site only after the employer does the following:
(1) Provides current proof of compliance with section 34 of this chapter.
(2) Pays all civil penalties assessed under subsection (b)(2).
(g) The civil penalties provided for in this section are cumulative.
(h) Civil penalties collected under this section shall be deposited in the worker's compensation supplemental administrative fund established by IC 22-3-5-6.
As added by P.L.168-2011, SEC.15. Amended by P.L.204-2018, SEC.13.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-35. Contract Relieving Employer of Obligations

Sec. 35. No contract or agreement, written or implied, rule, regulation, or other device shall in any manner operate to relieve any employer, in whole or in part, of any obligation created by this chapter, except as provided in this chapter.
Formerly: Acts 1937, c.69, s.28. As amended by P.L.144-1986, SEC.74.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-37. Reports of Disablements; Penalties; Venue

Sec. 37. (a) Every employer operating under the compensation provisions of this chapter shall keep a record of all disablements by occupational disease, fatal or otherwise, received by the employer's employees in the course of their employment and shall provide a copy of the record to the board upon request. Within seven (7) days after the employer's knowledge of the disablement, either actual, alleged, or reported under section 32 of this chapter, that causes the employee's death or the need for medical care beyond first aid, a report thereof shall be made in writing and mailed, or submitted electronically, to the employer's insurance carrier or, if the employer is self insured, to the worker's compensation board on blanks to be procured from the board for the purpose. The reporting requirements under this subsection are intended to be consistent with the recording requirements set out in the United States Occupational Safety and Health Administration (OSHA) regulations found at 29 CFR 1904.7. The insurance carrier shall mail the report to the worker's compensation board not later than seven (7) days after receipt or fourteen (14) days after the employer's knowledge of the occurrence, whichever is later. An employer or insurance carrier that fails to comply with this subsection is subject to a civil penalty under IC 22-3-4-15.
(b) The report shall contain the name, nature and location of the business of the employer, the name, age, sex, wages, occupation of the employee, the approximate dates between which exposure occurred, the nature and cause of the occupational disease, and such other information as may be required by the board.
(c) A person who violates this section commits a Class C misdemeanor.
(d) The venue of all criminal actions for the violation of this section lies in the county in which the employee was last exposed to the occupational disease causing disablement. The prosecuting attorney of the county shall prosecute these violations upon written request of the worker's compensation board. These shall be prosecuted in the name of the state.
Formerly: Acts 1937, c.69, s.30; Acts 1963, c.388, s.18. As amended by Acts 1978, P.L.2, SEC.2214; P.L.28-1988, SEC.63; P.L.170-1991, SEC.24; P.L.168-2011, SEC.16; P.L.204-2018, SEC.14.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-38. Application of Law

Sec. 38. Acts 1937, c.69, s.31 does not extinguish or in any way affect any right of action existing on June 7, 1937, and no employer shall be liable for compensation or damages under the provisions of this chapter in any case in which the disablement on which claim is predicated shall have occurred prior to June 7, 1937; but nothing contained in this section shall affect any case in which exposure as defined in this chapter shall have taken place after June 7, 1937.
Formerly: Acts 1937, c.69, s.32. As amended by P.L.144-1986, SEC.75.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7.2. Payments of Claims › 22-3-7.2-1. "Clean Claim"

Sec. 1. As used in this chapter, "clean claim" means a claim submitted by a medical service provider for payment under IC 22-3-2 through IC 22-3-7 that has no defect, impropriety, or particular circumstance requiring special treatment preventing payment.
As added by P.L.160-2022, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7.2. Payments of Claims › 22-3-7.2-2. "Payor"

Sec. 2. As used in this chapter, "payor" means an employer or an employer's insurance carrier that is liable for a claim for a service or product under IC 22-3-2 through IC 22-3-7.
As added by P.L.160-2022, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7.2. Payments of Claims › 22-3-7.2-3. "Medical Service Facility"

Sec. 3. As used in this chapter, "medical service facility" means any of the following that provides a service or product under IC 22-3-2 through IC 22-3-7 and uses the CMS 1450 (UB-04) form or the CMS 1500 (HCFA-1500) form for Medicare reimbursement:
(1) An ambulatory outpatient surgical center (as defined in IC 16-18-2-14).
(2) A hospital (as defined in IC 16-18-2-179).
(3) A hospital based health facility (as defined in IC 16-18-2-180).
(4) A medical center (as defined in IC 16-18-2-223.4).
As added by P.L.160-2022, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7.2. Payments of Claims › 22-3-7.2-4. "Medical Service Provider"

Sec. 4. As used in this chapter, "medical service provider" means a person or an entity that provides services or products to an employee under IC 22-3-2 through IC 22-3-7. Except as otherwise provided in this chapter, the term includes a medical service facility.
As added by P.L.160-2022, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7.2. Payments of Claims › 22-3-7.2-5. Notice of Deficiencies in Claims

Sec. 5. (a) A payor shall pay or deny each clean claim in accordance with section 6 of this chapter.
(b) A payor shall notify a medical service provider of any deficiencies in a submitted claim not more than:
(1) thirty (30) days after the date the claim is received by the payor, for a claim that is filed electronically; or
(2) forty-five (45) days after the date the claim is received by the payor, for a claim that is filed on paper;
and describe any remedy necessary to establish a clean claim.
(c) Failure of a payor to notify a medical service provider as required under subsection (b) establishes the submitted claim as a clean claim.
As added by P.L.160-2022, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7.2. Payments of Claims › 22-3-7.2-6. Payment or Denial of Claims; Interest

Sec. 6. (a) A payor shall pay or deny each clean claim as follows:
(1) If the claim is filed electronically, not more than thirty (30) days after the date the claim is received by the payor.
(2) If the claim is filed on paper, not more than forty-five (45) days after the date the claim is received by the payor.
(b) If:
(1) a payor fails to pay or deny a clean claim in the time required under subsection (a); and
(2) the payor subsequently pays the claim;
the payor shall pay the medical service provider that submitted the claim interest on the amount of the payor's pecuniary liability under IC 22-3-2 through IC 22-3-7 for the claim paid under this section.
(c) Interest paid under subsection (b):
(1) accrues beginning:
(A) thirty-one (31) days after the date the claim is received under subsection (a)(1); or
(B) forty-six (46) days after the date the claim is received under subsection (a)(2); and
(2) stops accruing on the date the claim is paid.
(d) In paying interest under subsection (b), a payor shall use the same interest rate as provided in IC 12-15-21-3(7)(A).
As added by P.L.160-2022, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7.2. Payments of Claims › 22-3-7.2-7. Permitted Forms

Sec. 7. A medical service provider shall submit only the following forms for payment by a payor:
(1) CMS 1450 (UB-04).
(2) CMS 1500 (HCFA-1500).
(3) American Dental Association (ADA) claim form.
As added by P.L.160-2022, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 8. Representation Before Worker's Compensation Board › 22-3-8-1. Attorneys; Qualifications

Sec. 1. Any person representing any plaintiff or defendant in the prosecution or defense of any claim or claims before the worker's compensation board must be admitted to practice law in the circuit or superior courts and supreme court of Indiana.
Formerly: Acts 1925, c.33, s.1. As amended by P.L.28-1988, SEC.64.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 8. Representation Before Worker's Compensation Board › 22-3-8-2. Attorneys; Registration; Oath; Records

Sec. 2. (a) All persons so representing plaintiffs or defendants as provided by section 1 of this chapter shall first register their names with the worker's compensation board in a manner prescribed by the board and shall, before proceeding to represent either plaintiffs or defendants before the board, be required to take oath in writing either before the board or a member thereof that the person is qualified as provided by section 1 of this chapter.
(b) The written oath shall be recorded in the permanent records of the worker's compensation board, and the board or any member thereof shall prohibit any person from so representing plaintiffs or defendants until the person has complied with this chapter.
Formerly: Acts 1925, c.33, s.2. As amended by P.L.144-1986, SEC.76; P.L.28-1988, SEC.65.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 9. Employer Liability › 22-3-9-1. Personal Injuries or Death; Damages

Sec. 1. Any person, firm, limited liability company, or corporation while engaged in business, trade or commerce within this state, and employing in such business, trade or commerce five (5) or more persons shall be liable and respond in damages to any person suffering injury while in the employ of such person, firm, limited liability company, or corporation, or in case of the death of such employee, then to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and if none, then to such employee's parents; and if none, then to the next of kin dependent upon such employee, where such injury or death resulted in whole or in part from the negligence of such employer or his, its or their agents, servants, employees or officers, or by reason of any defect, mismanagement or insufficiency, due to his, its or their carelessness, negligence, fault or omission of duty.
Formerly: Acts 1911, c.88, s.1. As amended by P.L.8-1993, SEC.285.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 9. Employer Liability › 22-3-9-2. Personal Injuries or Death; Contributory Negligence; Burden of Proof

Sec. 2. In any action prosecuted under the provisions of this chapter the burden of proving that such injured or killed employee did not use due care and diligence at the time of such injury or death shall be upon the defendant, but the same may be proved under the general denial. No such employee who may have been injured or killed shall be held to have been guilty of negligence or contributory negligence by reason of the assumption of the risk thereof in any case where the violation by the employer or his, its, or their agents or employees of any ordinance or statute enacted, or of any rule, regulation, or direction made by any public officer, bureau, or commission, was the cause of the injury or death of such employee. In actions brought against any employer under the provisions of this chapter for the injury or death of any employee, it shall not be a defense that the dangers or hazards inherent or apparent in the employment in which such injured employee was engaged contributed to such injury. No such injured employee shall be held to have been guilty of negligence or contributory negligence where the injury complained of resulted from such employee's obedience or conformity to any order or direction of the employer or of any employee to whose orders or directions he was under obligation to conform or obey, although such order or direction was a deviation from other rules, orders, or directions previously made by such employer.
Formerly: Acts 1911, c.88, s.2. As amended by P.L.144-1986, SEC.77.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 9. Employer Liability › 22-3-9-3. Personal Injuries or Death; Assumption of Risk; Safe Place to Work; Defective Tools

Sec. 3. In any action brought against any employer under or by virtue of this chapter to recover damages for injuries or the death of any of his, its, or their employees, such employee shall not be held to have assumed the risks of the employment in any case where the violation of such employer or his, its, or their agents or employees of any ordinance or statute enacted, or of any rule, direction, or regulation made by any public officer or commission, contributed to the injury or death of such employee; nor shall such injured employee be held to have assumed the risk of the employment where the injury complained of resulted from his obedience to any order or direction of the employer or of any employee to whose orders or directions he was under obligations to conform or obey although such order or direction was a deviation from other orders or directions or rules previously made by such employer. In any action brought against any employer under the provisions of this chapter to recover damages for injury to or the death of any of his, its, or their employees, such employee shall not be held to have assumed the risk of any defect in the place of work furnished to such employee, or in the tool, implement, or appliance furnished him by such employer, where such defect was, prior to such injury, known to such employer, or by the exercise of ordinary care might have been known to him in time to have repaired the same or to have discontinued the use of such defective working place, tool, implement, or appliance. The burden of proving that such employer did not know of such defect or that he was not chargeable with knowledge thereof in time to have repaired the same or to have discontinued the use of such working place, tool, implement, or appliance shall be on the defendant, but the same may be proved under the general denial.
Formerly: Acts 1911, c.88, s.3. As amended by P.L.144-1986, SEC.78.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 9. Employer Liability › 22-3-9-4. Personal Injuries or Death; Survival of Actions

Sec. 4. The damages recoverable under this chapter shall be commensurate with the injuries sustained, and in case death results from such injury the action shall survive; provided, that where any such injured person recovers a judgment under the provisions of this chapter and an appeal is taken from such judgment, and pending such appeal the injured person dies and said judgment be thereafter reversed, or where such injured person dies after said judgment is reversed and before trial, the right of action of such person shall survive to his or her personal representative, and such action may be continued in the name of such personal representative for the benefit of the person entitled under this chapter to receive the same.
Formerly: Acts 1911, c.88, s.4. As amended by P.L.144-1986, SEC.79.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 9. Employer Liability › 22-3-9-5. Contracts; Rules and Regulations; Exemption From Liability; Setoff

Sec. 5. Any contract, rule, regulation, bylaw, or device whatsoever, the purpose, intent, or effect of which would be to enable any employer to exempt himself or itself from any liability created by this chapter, shall to that extent be void; provided, that in any action brought against any such employer under or by virtue of any of the provisions of this chapter, such employer may set off therein by special plea any sum such employer has contributed or paid to any insurance, relief benefit, or indemnity for and on behalf of such injured employee that may have been paid to him or to the person entitled thereto on account of the injury or death for which said action is brought, but in no event shall the amount of such setoff exceed the amount paid to such employee or other person entitled thereto out of such insurance, relief benefit, or indemnity fund.
Formerly: Acts 1911, c.88, s.5. As amended by P.L.144-1986, SEC.80.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 9. Employer Liability › 22-3-9-6. Wrongful Death Damages; Amount

Sec. 6. Where any action is brought on account of the death of any person under this chapter, the liability of any such employer shall not exceed ten thousand dollars ($10,000), and the provisions of the law in force as to parties plaintiff shall apply.
Formerly: Acts 1911, c.88, s.6. As amended by P.L.144-1986, SEC.81.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 9. Employer Liability › 22-3-9-7. Assumption of Risk; Negligence; Contributory Negligence; Questions of Fact

Sec. 7. All questions of assumption of risk, negligence or contributory negligence shall be questions of fact for the jury to decide, unless the cause is being tried without a jury, in which case, such questions shall be questions of fact for the court.
Formerly: Acts 1911, c.88, s.7.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 9. Employer Liability › 22-3-9-8. Limitation of Actions

Sec. 8. No action shall be maintained under this chapter unless the same is commenced within two (2) years from the date the cause of action accrued.
Formerly: Acts 1911, c.88, s.8. As amended by P.L.144-1986, SEC.82.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 9. Employer Liability › 22-3-9-9. Definitions

Sec. 9. The term "employer", "persons", "firm", "limited liability company", and "corporation" shall include receivers or other persons charged with the duty of managing, conducting or operating business, trade or commerce.
Formerly: Acts 1911, c.88, s.9. As amended by P.L.8-1993, SEC.286.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 9. Employer Liability › 22-3-9-10. Application of Law

Sec. 10. This chapter shall not apply to injuries received by any employee before March 2, 1911, nor affect any suit or legal proceedings pending in any court on March 2, 1911.
Formerly: Acts 1911, c.88, s.10. As amended by P.L.144-1986, SEC.83.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 9. Employer Liability › 22-3-9-11. Supplemental Remedies; Common Law Rights

Sec. 11. This chapter shall be construed as supplemental to all statutes in force on March 2, 1911, concerning employers and employees and shall repeal only such statutes as are in direct conflict with the provisions of this chapter. Nothing in this chapter shall be held to limit the duty or liability of employers or to impair the rights of their employees under the common law or any other statute existing on March 2, 1911, or to affect the prosecution of any proceeding or right of action pending on March 2, 1911.
Formerly: Acts 1911, c.88, s.11. As amended by P.L.144-1986, SEC.84.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 10. Ban on Employer Waiver of Liability › 22-3-10-1. Negligence; Employer; Liability for Damages

Sec. 1. All contracts between employer and employee releasing the employer from liability for damages arising out of the negligence of the employer by which the employee is injured, or, in case of the employee's death, to his representative, are against public policy, and hereby declared null and void.
Formerly: Acts 1901, c.225, s.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 10. Ban on Employer Waiver of Liability › 22-3-10-2. Negligence; Third Persons; Liability for Damages

Sec. 2. All contracts between employer and employee releasing third persons, copartnerships or corporations from liability for damages arising out of the negligence of such third persons, copartnerships or corporations by which the employee of such employer is injured, or in case of the death of such employee, to his representative, are against public policy and are hereby declared null and void.
Formerly: Acts 1901, c.225, s.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 10. Ban on Employer Waiver of Liability › 22-3-10-3. Negligence; Employer; Liability for Damages; Contract Between Employee and Third Person

Sec. 3. All contracts between an employee and a third person, copartnership, or corporation in which it is agreed that the employer of such employee shall be released from liability for damages of such employee arising out of the negligence of the employer, or in case of the death of such employee to his representative, are against public policy and are hereby declared null and void; provided, that nothing in this chapter shall apply to voluntary relief departments or associations organized for the purpose of insuring employees. Nothing in this chapter shall be construed to revert back to contracts made prior to March 11, 1901. Nor shall this chapter affect litigation pending on March 11, 1901; provided, that nothing in any section of this chapter shall be so construed as to affect or apply to any contract or agreement that may be made between the employer and employee, or in case of death his next of kin or his representative after an injury to the employee has occurred, but the provisions of this chapter shall apply solely to contracts made prior to any injury.
Formerly: Acts 1901, c.225, s.3. As amended by P.L.144-1986, SEC.85.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 11. Residual Asbestos Injury Fund › 22-3-11-1. Creation; Administration; Use of Fund

Sec. 1. (a) There is created a special fund known as the residual asbestos injury fund (referred to as "the fund" in this chapter) for the purpose of providing compensation to employees who become totally and permanently disabled from an exposure to asbestos while in employment within Indiana and who are eligible for benefits under section 3 of this chapter (expired August 1, 2007, and repealed) and not eligible for benefits under IC 22-3-7. The fund shall be administered by the worker's compensation board (referred to as "the board" in this chapter).
(b) The fund is not a part of the general fund. Money in the fund at the end of a particular fiscal year and interest accruing from the investment of the money does not revert to the state general fund. The fund shall be used only for the payment of awards of compensation and expense of medical examinations made and ordered by the board and chargeable against the fund under this section and shall be paid for that purpose by the treasurer of state upon award or order of the board.
As added by P.L.224-1985, SEC.5. Amended by P.L.28-1988, SEC.66; P.L.3-2008, SEC.157.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 11. Residual Asbestos Injury Fund › 22-3-11-2. Assessments; Deposit in Fund

Sec. 2. (a) This section applies to:
(1) each insurance carrier insuring employers who may be or who are liable under IC 22-3-2 through IC 22-3-7 to pay compensation; and
(2) each employer carrying its own risk to pay compensation under IC 22-3-2 through IC 22-3-7.
(b) Before August 1, 1985, and April 10 in all subsequent years, each insurance carrier described in subsection (a)(1) and each employer described in subsection (a)(2) shall pay to the board for deposit in the fund the assessment specified in subsection (c):
(1) until the initial balance in the fund is equal to or greater than two hundred thousand dollars ($200,000); and
(2) after the initial balance in the fund satisfies subdivision (1), only if the balance in the fund on April 1 of the year of the assessment is less than fifty thousand dollars ($50,000).
(c) An assessment required under subsection (b) equals one-half of one percent (0.5%) of the total amount of worker's compensation and occupational diseases benefits paid to injured employees or their beneficiaries during the calendar year immediately preceding the due date of the assessment.
As added by P.L.224-1985, SEC.5. Amended by P.L.28-1988, SEC.67.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 11. Residual Asbestos Injury Fund › 22-3-11-3. Repealed

As added by P.L.224-1985, SEC.5. Amended by P.L.95-1988, SEC.20; P.L.134-2006, SEC.12. Repealed by P.L.3-2008, SEC.269.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 11. Residual Asbestos Injury Fund › 22-3-11-4. Repealed

As added by P.L.224-1985, SEC.5. Amended by P.L.134-2006, SEC.13. Repealed by P.L.3-2008, SEC.269.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 11. Residual Asbestos Injury Fund › 22-3-11-5. Expert Medical Testimony

Sec. 5. The board may secure expert medical testimony as it considers necessary at the expense of the fund to protect the fund against questionable claims for benefits.
As added by P.L.224-1985, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 11. Residual Asbestos Injury Fund › 22-3-11-6. Repealed

As added by P.L.95-1988, SEC.21. Amended by P.L.134-2006, SEC.14. Repealed by P.L.3-2008, SEC.269.