Eligibility for benefits; computation of benefits; dependents of
deceased employees
Sec. 3. (a) An employee who:
(1) becomes totally and permanently disabled:
(A) on or after July 1, 1985, from an exposure to asbestos in
employment before July 1, 1988; or
(B) before July 1, 1985, from an exposure to asbestos in
employment and files a claim under this chapter before July
1, 1990;
(2) is unable to be self-supporting in any gainful employment
because of the disability caused by the exposure to asbestos;
and
(3) is not eligible for benefits under IC 22-3-7;
may be eligible for benefits from the fund if the employee is not
entitled to other available benefits from social security, disability
retirement, or other retirement benefits or third party settlements
equal to or greater than sixty-six and two-thirds percent (66 2/3%) of
the average weekly wage, as defined in IC 22-3-7-19, at the date of
disablement. An employee's eligibility shall be determined by the
board by rule adopted under IC 4-22-2.
(b) If the employee has other available benefits but they are less
than sixty-six and two-thirds percent (66 2/3%) of the average
weekly wage at date of disablement, the employee is eligible to
receive from the fund a weekly benefit amount not to exceed the
difference between the other available benefits and sixty-six and
two-thirds percent (66 2/3%) of the average weekly wage on the date
of disablement for a period not to exceed fifty-two (52) weeks.
(c) If the employee dies before exhausting the remainder of the
benefits to which the deceased employee was entitled for the
fifty-two (52) week benefit period, the greater of:
(1) the remainder of the benefits; or
(2) four thousand dollars ($4,000);
shall be paid to dependents of the deceased employee as determined
under IC 22-3-7-12 through IC 22-3-7-14.
As added by P.L.224-1985, SEC.5. Amended by P.L.95-1988,
SEC.20.
Last modified: May 27, 2006