reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-31. Joint Service of Two or More Employers; Apportionment of Award

Sec. 31. Whenever any employee for whose injury or death compensation is payable under IC 22-3-2 through IC 22-3-6 shall at the time of the injury be in the joint service of two (2) or more employers subject to IC 22-3-2 through IC 22-3-6, such employers shall contribute to the payment of such compensation in proportion to their wage liability to such employees; provided, however, that nothing in this section shall prevent any reasonable arrangements between such employers for a different distribution as between themselves of the ultimate burden of compensation.
Formerly: Acts 1929, c.172, s.49. As amended by P.L.144-1986, SEC.40.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments › 22-3-3-32. Construction of Article

Sec. 32. The provisions of this article may not be construed to result in an award of benefits in which the number of weeks paid and to be paid for temporary total disability, temporary partial disability, or permanent total disability combined exceeds five hundred (500) weeks. This section shall not be construed to prevent a person who is permanently totally disabled from applying for an award under IC 22-3-3-13. However, in case of permanent total disability resulting from an injury occurring on or after January 1, 1998, the minimum total benefit shall not be less than seventy-five thousand dollars ($75,000).
As added by P.L.258-1997(ss), SEC.8.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-1. Industrial Board; Office Space; Furniture and Supplies; Meetings

Sec. 1. 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 1929, c.172, s.54.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-2. Rules; Subpoenas; Service; Hearings

Sec. 2. (a) The worker's compensation board may make rules not inconsistent with IC 22-3-2 through IC 22-3-6 for carrying out the provisions of IC 22-3-2 through IC 22-3-6. Processes and procedures under IC 22-3-2 through IC 22-3-6 shall be as summary and simple as reasonably may be. The board or any member of the board shall have the power for the purpose of IC 22-3-2 through IC 22-3-6 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.
(b) 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 subpoenas of the board shall receive for attendance the fees and mileage for witnesses in civil cases in the courts.
(c) The circuit or superior court shall, on application of the board or any member of the board, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records.
Formerly: Acts 1929, c.172, s.55. As amended by P.L.144-1986, SEC.41; P.L.28-1988, SEC.35.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-3. Inspection of Records; Confidential Information; Destruction of Records

Sec. 3. (a) 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, IC 22-3-2 through IC 22-3-3, and IC 22-3-5 through IC 22-3-6. The accident reports 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 the public unless, in the opinion of the board, the public interest shall so require.
(b) In order to prevent the accumulation of unnecessary and useless files of papers, the board may destroy or otherwise dispose of under IC 5-15-5.1-14 all papers that 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 such board.
Formerly: Acts 1929, c.172, s.56. As amended by Acts 1979, P.L.17, SEC.33; P.L.121-1995, SEC.2; P.L.139-2020, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-4. Awards; Private Agreements; Approval

Sec. 4. If after seven (7) days from the date of the injury or at any time in case of death, the employer and the injured employee or his dependents reach an agreement in regard to compensation under IC 22-3-2 through IC 22-3-6, 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. If approved by the board, thereupon the memorandum shall for all purposes be enforceable by court decree as specified in section 9 of this chapter. Such agreement shall be approved by said board only when the terms conform to the provisions of IC 22-3-2 through IC 22-3-6.
Formerly: Acts 1929, c.172, s.57. As amended by P.L.144-1986, SEC.42; P.L.28-1988, SEC.36.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-4.5. Mediation of Claims; Fees and Charges

Sec. 4.5. (a) In addition to any other method available to the board to resolve a claim for compensation under IC 22-3-2 through IC 22-3-7, the board may, with the consent of all parties, mediate the claim using a mediator certified by the Indiana Continuing Legal Education Forum. The board may not order the mediation of a claim without the consent of all parties.
(b) The board shall establish by rule a schedule of fees and charges for a mediation conducted to resolve a claim for compensation under IC 22-3-2 through IC 22-3-7.
As added by P.L.168-2011, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-5. Disputes; Hearings

Sec. 5. (a) If the employer and the injured employee or the injured employee's dependents disagree in regard to the compensation payable under IC 22-3-2 through IC 22-3-6 or, if they have reached such an agreement, which has been signed by them, filed with and approved by the worker's compensation board, and afterward disagree as to the continuance of payments under such agreement, or as to the period for which payments shall be made, or to the amount to be paid, because of a change in conditions since the making of such agreement, either party may then make an application to the board for the determination of the matters in dispute.
(b) Upon the filing of such application, the board shall set the date of hearing, which shall be as early as practicable, and shall notify the employee, employer, and attorneys of record in the manner prescribed by the board of the time and place of all hearings and requests for continuances. The hearing of all claims for compensation, on account of injuries occurring within the state, shall be held in the county in which the injury occurred, in any adjoining county, except when the parties consent to a hearing elsewhere. Claims assigned to an individual board member that are considered to be of an emergency nature by that board member, may be heard in any county within the board member's jurisdiction.
(c) All disputes arising under IC 22-3-2 through IC 22-3-6, if not settled by the agreement of the parties interested therein, with the approval of the board, shall be determined by the board.
Formerly: Acts 1929, c.172, s.58; Acts 1959, c.360, s.1. As amended by P.L.144-1986, SEC.43; P.L.28-1988, SEC.37; P.L.95-1988, SEC.9; P.L.170-1991, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-6. Disputes; Summary Proceedings

Sec. 6. The board by any or all of its members shall hear the parties at issue, their representatives and witnesses, and shall determine the dispute in a summary manner. The award shall be filed with the record of proceedings, and a copy thereof shall immediately be sent to each of the employee, employer, and attorney of record in the dispute.
Formerly: Acts 1929, c.172, s.59. As amended by P.L.95-1988, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-7. Disputes; Administrative Review

Sec. 7. If an application for review is made to the board within thirty (30) days from the date of the award made by less than all the members, the full board, if the first hearing was not held before the full board, shall review the evidence, or, if deemed advisable, hear the parties at issue, their representatives, and witnesses as soon as practicable and shall make an award and file the same with the finding of the facts on which it is based and send a copy thereof to each of the parties in dispute, in like manner as specified in section 6 of this chapter.
Formerly: Acts 1929, c.172, s.60; Acts 1969, c.94, s.6. As amended by P.L.144-1986, SEC.44; P.L.258-1997(ss), SEC.9.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-8. Disputes; Awards; Appeals

Sec. 8. (a) An award of the board by less than all of the members as provided in section 6 of this chapter, if not reviewed as provided in section 7 of this chapter, shall be final and conclusive.
(b) An award by the full board shall be conclusive and binding as to all questions of the fact, but either party to the dispute may, within thirty (30) days from the date of such award, appeal to the court of appeals for errors of law under the same terms and conditions as govern appeals in ordinary civil actions.
(c) The board of its own motion may certify questions of law to said court of appeals for its decision and determination.
(d) An assignment of errors that the award of the full board is contrary to law shall be sufficient to present both the sufficiency of the facts found to sustain the award and the sufficiency of the evidence to sustain the finding of facts.
(e) All such appeals and certified questions of law shall be submitted upon the date filed in the court of appeals, shall be advanced upon the docket of said court, and shall be determined at the earliest practicable date, without any extensions of time for filing briefs.
(f) An award of the full board affirmed on appeal, by the employer, shall be increased thereby five percent (5%), and by order of the court may be increased ten percent (10%).
Formerly: Acts 1929, c.172, s.61. As amended by P.L.144-1986, SEC.45.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-9. Contracts; Private Agreements; Appeals

Sec. 9. (a) Upon order of the worker's compensation board made after five (5) days notice is given to the opposite party, any party in interest may file in the circuit or superior court of the county in which the injury occurred a certified copy of the memorandum of agreement approved by the board, or of an order or decision of the board, or of an award of the full board unappealed from, or of an award of the full board affirmed upon an appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though said judgment had been rendered in a suit duly heard and determined by said court.
(b) Any such judgment of said circuit or superior court unappealed from or affirmed on appeal or modified in obedience to the mandate of the court of appeals shall be modified to conform to any decision of the worker's compensation board ending, diminishing, or increasing any weekly payment under the provisions of IC 22-3-3-27 upon the presentation to it of a certified copy of such decision.
Formerly: Acts 1929, c.172, s.62; Acts 1947, c.162, s.13. As amended by P.L.144-1986, SEC.46; P.L.28-1988, SEC.38.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-10. Actions and Proceedings; Costs

Sec. 10. In all proceedings before the worker's compensation board or in a court under IC 22-3-2 through IC 22-3-6, the costs shall be awarded and taxed as provided by law in ordinary civil actions in the circuit court.
Formerly: Acts 1929, c.172, s.63. As amended by P.L.144-1986, SEC.47; P.L.28-1988, SEC.39.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-11. Medical Examination; Physician or Surgeon

Sec. 11. The board or any member thereof may, upon the application of either party or upon its own motion, appoint a disinterested and duly qualified physician or surgeon to make any necessary medical examination of the employee and to testify in respect thereto. Said physician or surgeon shall be allowed traveling expenses and a reasonable fee to be fixed by the board.
The fees and expenses of such physician or surgeon shall be paid by the state only on special order of the board or a member thereof.
Formerly: Acts 1929, c.172, s.64; Acts 1963, c.387, s.14.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-12. Rates and Charges; Attorney's Fees; Payment

Sec. 12. Except as provided in section 12.1 of this chapter, the fees of attorneys and physicians and charges of nurses and hospitals for services under IC 22-3-2 through IC 22-3-6 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 worker's compensation 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; provided, that 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 worker's compensation 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 fees shall be paid to the attorney and shall not be charged against the award to the claimant.
Formerly: Acts 1929, c.172, s.65; Acts 1965, c.217, s.3. As amended by P.L.144-1986, SEC.48; P.L.258-1997(ss), SEC.10; P.L.1-2006, SEC.338.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-12.1. Bad Faith in Adjusting or Settling Claim for Compensation; Awards; Attorney's Fees

Sec. 12.1. (a) The worker's compensation board, upon hearing a claim for benefits, has the exclusive jurisdiction to determine whether the employer, the employer's worker's compensation administrator, or the worker's compensation insurance carrier has acted with a lack of diligence, in bad faith, or has committed an independent tort in adjusting or settling the claim for compensation.
(b) If lack of diligence, bad faith, or an independent tort is proven under subsection (a), the award to the claimant shall be at least five hundred dollars ($500), but not more than twenty thousand dollars ($20,000), depending upon the degree of culpability and the actual damages sustained.
(c) An award under this section shall be paid by the employer, worker's compensation administrator, or worker's compensation insurance carrier responsible to the claimant for the lack of diligence, bad faith, or independent tort.
(d) The worker's compensation board shall fix in addition to any award under this section the amount of attorney's fees payable with respect to an award made under this section. The attorney's fees may not exceed thirty-three and one-third percent (33 1/3%) of the amount of the award.
(e) If the worker's compensation board makes an award under this section, it shall reduce the award to writing and forward a copy to the department of insurance for review under IC 27-4-1-4.5.
(f) An award or awards to a claimant pursuant to subsection (b) shall not total more than twenty thousand dollars ($20,000) during the life of the claim for benefits arising from an accidental injury.
As added by P.L.258-1997(ss), SEC.11. Amended by P.L.31-2000, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-14. Awards; Termination; Reports

Sec. 14. Every employer paying compensation directly without insurance and every insurance carrier paying compensation in behalf of an employer shall, within ten (10) days from the termination of the compensation period fixed in any award against him or its insured, for an injury or death, either by the approval of an agreement or upon hearing, and within ten (10) days from the full redemption of any such award by the cash payment thereof in a lump sum as provided in IC 22-3-2 through IC 22-3-6, make such report or reports as the worker's compensation board may require.
Formerly: Acts 1929, c.172, s.67. As amended by P.L.144-1986, SEC.49; P.L.28-1988, SEC.41.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 4. Worker's Compensation: Administration and Procedures › 22-3-4-15. Civil Penalties; Schedule

Sec. 15. (a) In addition to any other remedy available to the board under this article or at law, the board may, after notice and a hearing, assess a civil penalty under this section for any of the following:
(1) Failure to timely pay compensation under an approved settlement agreement as required by IC 22-3-2-15(d).
(2) Failure to post a notice required by IC 22-3-2-22.
(3) Failure to comply with IC 22-3-3-7 or IC 22-3-7-16.
(4) Failure to timely pay compensation for permanent partial impairment as required by IC 22-3-3-10.5(c).
(5) Failure to timely pay a compensation award as required by IC 22-3-3-24(a).
(6) Failure to file an injury record with the board as required by section 13 of this chapter or to file a report of a disablement by occupational disease as required by IC 22-3-7-37.
(b) For the first violation of an offense listed in subsection (a), the board may assess a civil penalty not to exceed fifty dollars ($50).
(c) For the second unrelated violation of the same offense listed in subsection (a), the board may assess a civil penalty not to exceed one hundred fifty dollars ($150).
(d) For the third or subsequent unrelated violation of the same offense listed in subsection (a), the board may assess a civil penalty not to exceed three hundred dollars ($300).
(e) 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.8. Amended by P.L.204-2018, SEC.8.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 5. Worker's Compensation: Insurance Requirements › 22-3-5-1. Requirements; Self-Insurance; Security; Fees

Sec. 1. (a) Every employer under IC 22-3-2 through IC 22-3-6, except those exempted by IC 22-3-2-5, shall:
(1) insure and keep insured the employer's liability under IC 22-3-2 through IC 22-3-6 in some corporation, association, or organization authorized to transact the business of worker's compensation insurance in this state; or
(2) furnish to the worker's compensation board satisfactory proof of the employer's financial ability to pay direct the compensation in the amount and manner and when due as provided in IC 22-3-2 through IC 22-3-6.
(b) Under subsection (a)(2) the board may require the deposit of an acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred. The board shall charge the following:
(1) An initial application fee of five hundred dollars ($500) to be paid along with the proof of financial ability required under this section.
(2) A renewal fee of two hundred fifty dollars ($250) if the employer holds a certificate of self insurance.
(3) A late filing fee of two hundred fifty dollars ($250).
Formerly: Acts 1929, c.172, s.68. As amended by P.L.144-1986, SEC.50; P.L.28-1988, SEC.42; P.L.170-1991, SEC.12.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 5. Worker's Compensation: Insurance Requirements › 22-3-5-2. Termination of Insurance; Filing Fees; Evidence of Compliance

Sec. 2. An employer required to carry insurance under IC 22-3-2-5 and section 1 of this chapter shall file with the worker's compensation board, in the form prescribed by the board, within ten (10) days after the termination of the employer's insurance by expiration or cancellation, evidence of the employer's compliance with section 1 of this chapter and other provisions relating to the insurance under IC 22-3-2 through IC 22-3-6 and shall pay a filing fee in the amount of:
(1) ten dollars ($10) before July 1, 1992;
(2) five dollars ($5) on and after July 1, 1992, and before July 1, 1995; and
(3) two dollars ($2), after July 1, 2013.
This filing fee shall be deposited in the worker's compensation supplemental administrative fund established by section 6 of this chapter and used to offset a part of the board's expenses related to the administration of health care provider reimbursement disputes. Proof of renewal of an existing insurance policy may be filed every three (3) years, but the filing fee for the policy shall be paid annually. An employer coming under the compensation provisions of IC 22-3-2 through IC 22-3-6 shall in a like manner file like evidence of compliance on the employer's part.
Formerly: Acts 1929, c.172, s.69; Acts 1937, c.214, s.6. As amended by Acts 1978, P.L.2, SEC.2211; P.L.28-1988, SEC.43; P.L.170-1991, SEC.13; P.L.275-2013, SEC.8.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 5. Worker's Compensation: Insurance Requirements › 22-3-5-2.5. Proof of Compliance; Notice; Civil Penalty; Internet Posting

Sec. 2.5. (a) The worker's compensation board is entitled to request that an employer provide the board with current proof of compliance with section 2 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 2 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 2 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 section 6 of this chapter.
As added by P.L.168-2011, SEC.9. Amended by P.L.204-2018, SEC.9.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 5. Worker's Compensation: Insurance Requirements › 22-3-5-3. Self-Insurance; Certificates; Revocation

Sec. 3. (a) Whenever an employer has complied with the provisions of section 1 of this chapter relating to self-insurance, the worker's compensation board shall issue to such employer a certificate which shall remain in force for a period fixed by the board, but the board may upon at least ten (10) days notice and a hearing to the employer revoke the certificate upon satisfactory evidence for such revocation having been presented. At any time after such revocation the board may grant a new certificate to the employer upon the employer's petition and satisfactory proof of financial ability.
(b) All such certificates issued by the industrial board before May 21, 1929, shall remain in force for the period for which they were issued unless revoked as in this section provided.
Formerly: Acts 1929, c.172, s.70. As amended by P.L.144-1986, SEC.51; P.L.28-1988, SEC.44.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 5. Worker's Compensation: Insurance Requirements › 22-3-5-4. Substitute System of Insurance

Sec. 4. (a) Subject to the approval of the worker's compensation board, any employer may enter into or continue any agreement with the employer's employees to provide a system of compensation, benefit, or insurance in lieu of the compensation and insurance provided by IC 22-3-2 through IC 22-3-6. No such substitute system shall be approved unless it confers benefits upon injured employees and their dependents at least equivalent to the benefits provided by IC 22-3-2 through IC 22-3-6, nor if it requires contributions from the employees unless it confers benefits in addition to those provided under IC 22-3-2 through IC 22-3-6 at least commensurate with such contributions.
(b) Such substitute system may be terminated by the worker's compensation board on reasonable notice and hearing to the interested parties if it appears that the same is not fairly administered, its operation discloses latent defects threatening its solvency, or if for any substantial reason it fails to accomplish the purpose of IC 22-3-2 through IC 22-3-6. In this case the board shall determine upon the proper distribution of all remaining assets, if any, subject to the right of any party in interest to take an appeal to the court of appeals.
Formerly: Acts 1929, c.172, s.71. As amended by P.L.144-1986, SEC.52; P.L.28-1988, SEC.45.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 5. Worker's Compensation: Insurance Requirements › 22-3-5-6. Supplemental Administrative Fund

Sec. 6. (a) The worker's compensation supplemental administrative fund is established for the purpose of carrying out the administrative purposes and functions of the worker's compensation board.
(b) The fund consists of:
(1) fees collected from employers under sections 1 through 2 of this chapter;
(2) fees collected under IC 22-3-2-14.5, IC 22-3-3-5(d), IC 22-3-7-17(g), and IC 22-3-7-34.5; and
(3) civil penalties assessed under IC 22-3-4-15, section 2.5 of this chapter, and IC 22-3-7-34.3.
(c) The fund shall be administered by the worker's compensation board. Money in the fund is annually appropriated to the worker's compensation board and shall be used for all expenses incurred by the worker's compensation board.
(d) The money in the fund is not to be used to replace funds otherwise appropriated to the board. Money in the fund at the end of the state fiscal year does not revert to the state general fund.
As added by P.L.170-1991, SEC.16. Amended by P.L.75-1993, SEC.4; P.L.202-2001, SEC.6; P.L.168-2011, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 6. Worker's Compensation: Miscellaneous Provisions › 22-3-6-2. Mutual Insurance Associations and Reciprocal or Interinsurance Exchanges

Sec. 2. (a) For the purpose of complying with IC 22-3-5-1, groups of employers are hereby authorized to form mutual insurance associations or reciprocal or interinsurance exchanges subject to such reasonable conditions and restrictions as may be fixed by the department of insurance.
(b) Membership in such mutual insurance associations or reciprocal or interinsurance exchanges so approved, together with evidence of the payment of premiums due, shall be evidence of compliance with IC 22-3-5-1.
Formerly: Acts 1929, c.172, s.75. As amended by P.L.144-1986, SEC.54; P.L.28-1988, SEC.48; P.L.170-1991, SEC.17; P.L.117-2021, SEC.1.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 6. Worker's Compensation: Miscellaneous Provisions › 22-3-6-3. Compliance With Former Law

Sec. 3. Every employer who has complied with the requirements of the provisions of Acts 1915, c.106, or the industrial board or worker's compensation board under that act, which compliance is effective as of May 21, 1929, shall to the same extent be deemed to have complied with the requirements of IC 22-3-2 through IC 22-3-6.
Formerly: Acts 1929, c.172, s.76. As amended by P.L.144-1986, SEC.55; P.L.1-2006, SEC.340.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 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 the federal School to Work Opportunities Act (20 U.S.C. 6101 et seq.).
(b) A school to work student is entitled to the following compensation and benefits under this chapter:
(1) Medical benefits.
(2) Permanent partial impairment compensation under section 16 of this chapter. Permanent partial impairment compensation for a school to work student shall be paid in a lump sum upon agreement or final award.
(3) In the case that death results from the injury:
(A) death benefits in a lump sum amount of one hundred seventy-five thousand dollars ($175,000), payable upon agreement or final award to any dependents of the student under sections 11 through 14 of this chapter, or, if the student 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 27 of this chapter, a school to work student's average weekly wage is presumed to be equal to the federal minimum wage.
(d) A school to work student is not entitled to the following compensation under this chapter:
(1) Temporary total disability compensation under section 16 of this chapter.
(2) Temporary partial disability compensation under section 19 of this chapter.
(e) Except for remedies available under IC 5-2-6.1, recovery under 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, at common law or otherwise, of a school to work student;
on account of disablement or death by occupational disease arising out of and in the course of school to work employment.
As added by P.L.235-1999, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-3. Waiver of Exemption From Act by Employer; Notice of Acceptance; Filing

Sec. 3. (a) An employer who is exempt under this section from the operation of the compensation provisions of this chapter may at any time waive such exemption and thereby accept the provisions of this chapter by giving notice as provided in subsection (b).
(b) The notice of acceptance referred to in subsection (a) shall be given thirty (30) days prior to any accident resulting in injury or death, provided that if any such injury occurred less than thirty (30) days after the date of employment, notice of acceptance given at the time of employment shall be sufficient notice thereof. The notice shall be in writing or print in a substantial form prescribed by the worker's compensation board and shall be given by the employer by posting the same in a conspicuous place in the plant, shop, office, room, or place where the employee is employed, or by serving it personally upon the employee. The notice shall be given by the employee by sending the same in registered letter addressed to the employer at his last known residence or place of business, or by giving it personally to the employer, or any of his agents upon whom a 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 with the worker's compensation board, within five (5) days after its service 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-4. Repealed

Formerly: Acts 1937, c.69, s.4a. As added by Acts 1963, c.388, s.4. Repealed by Acts 1974, P.L.109, SEC.8.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-5. Coal Mining; Application of Law

Sec. 5. On and after April 1, 1963, the provisions of this chapter shall apply to the state, to all political divisions thereof, to all municipal 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 the compensation provisions of this chapter, except as provided in section 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-6. Exclusive Remedies

Sec. 6. The rights and remedies granted under this chapter to an employee subject to this chapter on account of disablement or death by occupational disease arising out of and in the course of the employment shall exclude all other rights and remedies of such employee, his personal representatives, dependents, or next of kin, at common law or otherwise, on account of such disablement or death.
Formerly: Acts 1937, c.69, s.4c; Acts 1963, c.388, s.6. As amended by P.L.144-1986, SEC.58.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-7. Statutory Duties; Application of Law

Sec. 7. Nothing in this chapter shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty.
Formerly: Acts 1937, c.69, s.4d; Acts 1963, c.388, s.7. As amended by P.L.144-1986, SEC.59.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-8. Place of Exposure; Foreign States or Foreign Countries

Sec. 8. Every employer and employee under this chapter shall be bound by the provisions of this chapter whether exposure and disablement therefrom or death resulting from an occupational disease occurs within the state or in some other state or in a foreign country.
Formerly: Acts 1937, c.69, s.4e; Acts 1963, c.388, s.8. As amended by P.L.144-1986, SEC.60.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-9.2. "Violation of the Employment of Minors Laws of This State"

Sec. 9.2. As used in section 9(c) of this chapter, the term "violation of the employment of minors laws of this state" means a violation of IC 22-2-18-40 (before its expiration on June 30, 2021) and IC 22-2-18.1-23. The term does not include a violation of any other provision of IC 22-2-18 (before its expiration on June 30, 2021) or IC 22-2-18.1.
As added by P.L.37-1985, SEC.32. Amended by P.L.106-1992, SEC.12; P.L.1-2005, SEC.183; P.L.147-2020, SEC.19.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-10. Definitions; Course of Employment

Sec. 10. (a) As used in this chapter, "occupational disease" means a disease arising out of and in the course of the employment. Ordinary diseases of life to which the general public is exposed outside of the employment shall not be compensable, except where such diseases follow as an incident of an occupational disease as defined in this section.
(b) A disease arises out of the employment only if there is apparent to the rational mind, upon consideration of all of the circumstances, a direct causal connection between the conditions under which the work is performed and the occupational disease, and which can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment, and which can be fairly traced to the employment as the proximate cause, and which does not come from a hazard to which workers would have been equally exposed outside of the employment. The disease must be incidental to the character of the business and not independent of the relation of employer and employee. The disease need not have been foreseen or expected but after its contraction it must appear to have had its origin in a risk connected 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.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-10.5. Average Weekly Wages of Public Employee; Determination

Sec. 10.5. For purposes of this chapter, the average weekly wages of a public employee shall be determined without regard to any salary reduction agreement under Section 125 of the Internal Revenue Code.
As added by P.L.5-1992, SEC.9.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-12. Dependents; Classification

Sec. 12. (a) Dependents under this chapter shall consist of the following three (3) classes:
(1) Presumptive dependents.
(2) Total dependents in fact.
(3) Partial dependents in fact.
(b) Presumptive dependents shall be entitled to compensation to the complete exclusion of total dependents in fact and partial dependents in fact and shall be entitled to such compensation in equal shares.
(c) Total dependents in fact shall be entitled to compensation to the complete exclusion of partial dependents in fact and shall be entitled to such compensation, if more than one (1) such dependent exists, in equal shares. The question of total dependency shall be determined as of the time of death.
(d) Partial dependents in fact shall not be entitled to any compensation if any other class of dependents exist. The weekly compensation to persons partially dependent in fact shall be in the same proportion to the weekly compensation of persons wholly dependent as the average amount contributed weekly by the deceased to such partial dependent in fact bears to his average weekly wages at the time of the disablement. The question of partial dependency in fact shall be determined as of the time of the disablement.
Formerly: Acts 1937, c.69, s.7a; Acts 1947, c.164, s.2. As amended by P.L.144-1986, SEC.62.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-14. Dependents; Total or Partial Dependents; Relatives; Termination of Dependency

Sec. 14. Total or partial dependents in fact shall include only those persons related to the deceased employee by blood or by marriage, except an unmarried child under eighteen (18) years of age. Any such person who is actually totally or partially dependent upon the deceased employee is entitled to compensation as such dependent in fact. The right to compensation of any person totally or partially dependent in fact shall be terminated by the marriage of such dependent subsequent to the death of the employee and such dependency shall not be reinstated by divorce.
Formerly: Acts 1937, c.69, s.7c; Acts 1947, c.164, s.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-15. Death Benefits; Burial Expenses

Sec. 15. In cases of the death of an employee from an occupational disease arising out of and in the course of the employee's employment under circumstances that the employee would have been entitled to compensation if death had not resulted, the employer shall pay the burial expenses of such employee, not exceeding ten thousand dollars ($10,000).
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; P.L.167-2019, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-17.1. Collection of Medical Expense Payments; Civil Penalties; Good Faith Errors

Sec. 17.1. (a) A medical service provider or a medical service provider's agent, servant, employee, assignee, employer, or independent contractor on behalf of the medical service provider may not knowingly collect or attempt to collect the payment of a charge for medical services or products covered under IC 22 from an employee or the employee's estate or family members.
(b) If after a hearing, the worker's compensation board finds that a medical service provider has violated this section, the worker's compensation board may assess a civil penalty against the medical service provider in an amount that is at least one hundred dollars ($100) but less than one thousand dollars ($1,000) for each violation.
(c) The worker's compensation board may not assess a civil penalty against a medical service provider for a violation of this section that is the result of a good faith error.
As added by P.L.216-1995, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 3. Worker's Compensation System › Chapter 7. Worker's Occupational Diseases Compensation › 22-3-7-17.4. Repackaged Drugs; Maximum Reimbursement Amount

Sec. 17.4. (a) As used in this section, "legend drug" has the meaning set forth in IC 25-26-14-7.
(b) As used in this section, "repackage" has the meaning set forth in IC 25-26-14-9.3.
(c) This subsection does not apply to a retail or mail order pharmacy. Except as provided in subsection (d), whenever a prescription covered by this chapter is filled using a repackaged legend drug:
(1) the maximum reimbursement amount for the repackaged legend drug must be computed using the average wholesale price set by the original manufacturer for the legend drug;
(2) the medical service provider may not be reimbursed for more than one (1) office visit for each repackaged legend drug prescribed; and
(3) the maximum period during which a medical service provider may receive reimbursement for a repackaged legend drug begins on the date of the disablement and ends at the beginning of the eighth day after the date of the disablement.
(d) If the National Drug Code (established under Section 510 of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 360) for a legend drug cannot be determined from the medical service provider's billing or statement, the maximum reimbursement amount for the repackaged legend drug under subsection (c) is the lowest cost generic for that legend drug.
As added by P.L.275-2013, SEC.16. Amended by P.L.99-2014, SEC.6.