Mistake in payments; deductions; payments to state employees
Sec. 23. (a) Any payments made by the employer to the injured
employee during the period of his disability, or to his dependents,
which by the terms of IC 22-3-2 through IC 22-3-6 were not due and
payable when made, may, subject to the approval of the worker's
compensation board, be deducted from the amount to be paid as
compensation. However, the deduction shall be made from the distal
end of the period during which compensation must be paid, except
in cases of temporary disability.
(b) Payments to state employees under the terms of
IC 5-10-8-7(d)(5) shall be taken as a credit by the state against
payments of compensation for temporary total disability during the
time period in which the employee is eligible for compensation under
both IC 5-10-8-7(d)(5) and section 8 of this chapter. After a state
employee is ineligible for payments under IC 5-10-8-7(d)(5) and if
he is still eligible for payments for temporary total disability under
section 8 of this chapter, any payments for temporary total disability
shall be deducted from the amount of compensation payable under
section 10 of this chapter. Payments to state employees under the
terms of IC 5-10-8-7(d)(5) may not be deducted from compensation
payable under section 10 of this chapter.
(Formerly: Acts 1929, c.172, s.41.) As amended by Acts 1976,
P.L.113, SEC.1; P.L.28-1988, SEC.29; P.L.1-1994, SEC.107.
Last modified: May 27, 2006