Medical treatment pending adjudication of impairment
Sec. 4. (a) After an injury and prior to an adjudication of
permanent impairment, the employer shall furnish or cause to be
furnished, free of charge to the employee, an attending physician for
the treatment of his injuries, and in addition thereto such surgical,
hospital and nursing services and supplies as the attending physician
or the worker's compensation board may deem necessary. If the
employee is requested or required by the employer to submit to
treatment outside the county of employment, the employer shall also
pay the reasonable expense of travel, food, and lodging necessary
during the travel, but not to exceed the amount paid at the time of the
travel by the state to its employees under the state travel policies and
procedures established by the department of administration and
approved by the state budget agency. If the treatment or travel to or
from the place of treatment causes a loss of working time to the
employee, the employer shall reimburse the employee for the loss of
wages using the basis of the employee's average daily wage.
(b) During the period of temporary total disability resulting from
the injury, the employer shall furnish the physician services, and
supplies, and the worker's compensation board may, on proper
application of either party, require that treatment by the physician
and services and supplies be furnished by or on behalf of the
employer as the worker's compensation board may deem reasonably
necessary.
(c) After an employee's injury has been adjudicated by agreement
or award on the basis of permanent partial impairment and within the
statutory period for review in such case as provided in section 27 of
this chapter, the employer may continue to furnish a physician or
surgeon and other medical services and supplies, and the worker's
compensation board may within the statutory period for review as
provided in section 27 of this chapter, on a proper application of
either party, require that treatment by that physician and other
medical services and supplies be furnished by and on behalf of the
employer as the worker's compensation board may deem necessary
to limit or reduce the amount and extent of the employee's
impairment. The refusal of the employee to accept such services and
supplies, when provided by or on behalf of the employer, shall bar
the employee from all compensation otherwise payable during the
period of the refusal, and his right to prosecute any proceeding under
IC 22-3-2 through IC 22-3-6 shall be suspended and abated until the
employee's refusal ceases. The employee must be served with a
notice setting forth the consequences of the refusal under this
section. The notice must be in a form prescribed by the worker's
compensation board. No compensation for permanent total
impairment, permanent partial impairment, permanent disfigurement,
or death shall be paid or payable for that part or portion of the
impairment, disfigurement, or death which is the result of the failure
of the employee to accept the treatment, services, and supplies
required under this section. However, an employer may at any time
permit an employee to have treatment for his injuries by spiritual
means or prayer in lieu of the physician or surgeon and other medical
services and supplies required under this section.
(d) If, because of an emergency, or because of the employer's
failure to provide an attending physician or surgical, hospital, or
nursing services and supplies, or treatment by spiritual means or
prayer, as required by this section, or because of any other good
reason, a physician other than that provided by the employer treats
the injured employee during the period of the employee's temporary
total disability, or necessary and proper surgical, hospital, or nursing
services and supplies are procured within the period, the reasonable
cost of those services and supplies shall, subject to the approval of
the worker's compensation board, be paid by the employer.
(e) Regardless of when it occurs, where a compensable injury
results in the amputation of a body part, the enucleation of an eye, or
the loss of natural teeth, the employer shall furnish an appropriate
artificial member, braces, and prosthodontics. The cost of repairs to
or replacements for the artificial members, braces, or prosthodontics
that result from a compensable injury pursuant to a prior award and
are required due to either medical necessity or normal wear and tear,
determined according to the employee's individual use, but not abuse,
of the artificial member, braces, or prosthodontics, shall be paid from
the second injury fund upon order or award of the worker's
compensation board. The employee is not required to meet any other
requirement for admission to the second injury fund.
(f) If an accident arising out of and in the course of employment
after June 30, 1997, results in the loss of or damage to an artificial
member, a brace, an implant, eyeglasses, prosthodontics, or other
medically prescribed device, the employer shall repair the artificial
member, brace, implant, eyeglasses, prosthodontics, or other
medically prescribed device or furnish an identical or a reasonably
equivalent replacement.
(g) This section may not be construed to prohibit an agreement
between an employer and the employer's employees that has the
approval of the board and that binds the parties to:
(1) medical care furnished by health care providers selected by
agreement before or after injury; or
(2) the findings of a health care provider who was chosen by
agreement.
(Formerly: Acts 1929, c.172, s.25; Acts 1937, c.214, s.1; Acts 1943,
c.136, s.5; Acts 1945, c.188, s.3; Acts 1947, c.162, s.3; Acts 1963,
c.387, s.5; Acts 1974, P.L.108, SEC.7.) As amended by Acts 1979,
P.L.227, SEC.1; P.L.95-1988, SEC.3; P.L.170-1991, SEC.3;
P.L.258-1997(ss), SEC.3; P.L.31-2000, SEC.2.
Last modified: May 27, 2006