Disablements; awards
Sec. 16. (a) Compensation shall be allowed on account of
disablement from occupational disease resulting in only temporary
total disability to work or temporary partial disability to work
beginning with the eighth day of such disability except for the
medical benefits provided for in section 17 of this chapter.
Compensation shall be allowed for the first seven (7) calendar days
only as provided in this section. The first weekly installment of
compensation for temporary disability is due fourteen (14) days after
the disability begins. Not later than fifteen (15) days from the date
that the first installment of compensation is due, the employer or the
employer's insurance carrier shall tender to the employee or to the
employee's dependents, with all compensation due, a properly
prepared compensation agreement in a form prescribed by the board.
Whenever an employer or the employer's insurance carrier denies or
is not able to determine liability to pay compensation or benefits, the
employer or the employer's insurance carrier shall notify the worker's
compensation board and the employee in writing on a form
prescribed by the worker's compensation board not later than thirty
(30) days after the employer's knowledge of the claimed disablement.
If a determination of liability cannot be made within thirty (30) days,
the worker's compensation board may approve an additional thirty
(30) days upon a written request of the employer or the employer's
insurance carrier that sets forth the reasons that the determination
could not be made within thirty (30) days and states the facts or
circumstances that are necessary to determine liability within the
additional thirty (30) days. More than thirty (30) days of additional
time may be approved by the worker's compensation board upon the
filing of a petition by the employer or the employer's insurance
carrier that sets forth:
(1) the extraordinary circumstances that have precluded a
determination of liability within the initial sixty (60) days;
(2) the status of the investigation on the date the petition is
filed;
(3) the facts or circumstances that are necessary to make a
determination; and
(4) a timetable for the completion of the remaining
investigation.
An employer who fails to comply with this section is subject to a
civil penalty of fifty dollars ($50), to be assessed and collected by the
board upon notice and hearing. Civil penalties collected under this
section shall be deposited in the state general fund.
(b) Once begun, temporary total disability benefits may not be
terminated by the employer unless:
(1) the employee has returned to work;
(2) the employee has died;
(3) the employee has refused to undergo a medical examination
under section 20 of this chapter;
(4) the employee has received five hundred (500) weeks of
temporary total disability benefits or has been paid the
maximum compensation allowable under section 19 of this
chapter; or
(5) the employee is unable or unavailable to work for reasons
unrelated to the compensable disease.
In all other cases the employer must notify the employee in writing
of the employer's intent to terminate the payment of temporary total
disability benefits, and of the availability of employment, if any, on
a form approved by the board. If the employee disagrees with the
proposed termination, the employee must give written notice of
disagreement to the board and the employer within seven (7) days
after receipt of the notice of intent to terminate benefits. If the board
and employer do not receive a notice of disagreement under this
section, the employee's temporary total disability benefits shall be
terminated. Upon receipt of the notice of disagreement, the board
shall immediately contact the parties, which may be by telephone or
other means and attempt to resolve the disagreement. If the board is
unable to resolve the disagreement within ten (10) days of receipt of
the notice of disagreement, the board shall immediately arrange for
an evaluation of the employee by an independent medical examiner.
The independent medical examiner shall be selected by mutual
agreement of the parties or, if the parties are unable to agree,
appointed by the board under IC 22-3-4-11. If the independent
medical examiner determines that the employee is no longer
temporarily disabled or is still temporarily disabled but can return to
employment that the employer has made available to the employee,
or if the employee fails or refuses to appear for examination by the
independent medical examiner, temporary total disability benefits
may be terminated. If either party disagrees with the opinion of the
independent medical examiner, the party shall apply to the board for
a hearing under section 27 of this chapter.
(c) An employer is not required to continue the payment of
temporary total disability benefits for more than fourteen (14) days
after the employer's proposed termination date unless the
independent medical examiner determines that the employee is
temporarily disabled and unable to return to any employment that the
employer has made available to the employee.
(d) If it is determined that as a result of this section temporary
total disability benefits were overpaid, the overpayment shall be
deducted from any benefits due the employee under this section and,
if there are no benefits due the employee or the benefits due the
employee do not equal the amount of the overpayment, the employee
shall be responsible for paying any overpayment which cannot be
deducted from benefits due the employee.
(e) For disablements occurring on and after April 1, 1951, and
prior to July 1, 1971, from occupational disease resulting in
temporary total disability for any work there shall be paid to the
disabled employee during such temporary total disability a weekly
compensation equal to sixty percent (60%) of the employee's average
weekly wages for a period not to exceed five hundred (500) weeks.
Compensation shall be allowed for the first seven (7) calendar days
only if the disability continues for longer than twenty-eight (28)
days.
For disablements occurring on and after July 1, 1971, and prior to
July 1, 1974, from occupational disease resulting in temporary total
disability for any work there shall be paid to the disabled employee
during such temporary total disability a weekly compensation equal
to sixty percent (60%) of the employee's average weekly wages, as
defined in section 19 of this chapter, for a period not to exceed five
hundred (500) weeks. Compensation shall be allowed for the first
seven (7) calendar days only if the disability continues for longer
than twenty-eight (28) days.
For disablements occurring on and after July 1, 1974, and before
July 1, 1976, from occupational disease resulting in temporary total
disability for any work there shall be paid to the disabled employee
during such temporary total disability a weekly compensation equal
to sixty-six and two-thirds percent (66 2/3%) of the employee's
average weekly wages, up to one hundred thirty-five dollars ($135)
average weekly wages, as defined in section 19 of this chapter, for a
period not to exceed five hundred (500) weeks. Compensation shall
be allowed for the first seven (7) calendar days only if the disability
continues for longer than twenty-one (21) days.
For disablements occurring on and after July 1, 1976, from
occupational disease resulting in temporary total disability for any
work there shall be paid to the disabled employee during the
temporary total disability weekly compensation equal to sixty-six and
two-thirds percent (66 2/3%) of the employee's average weekly
wages, as defined in section 19 of this chapter, for a period not to
exceed five hundred (500) weeks. Compensation shall be allowed for
the first seven (7) calendar days only if the disability continues for
longer than twenty-one (21) days.
(f) For disablements occurring on and after April 1, 1951, and
prior to July 1, 1971, from occupational disease resulting in
temporary partial disability for work there shall be paid to the
disabled employee during such disability a weekly compensation
equal to sixty percent (60%) of the difference between the
employee's average weekly wages and the weekly wages at which the
employee is actually employed after the disablement, for a period not
to exceed three hundred (300) weeks. Compensation shall be allowed
for the first seven (7) calendar days only if the disability continues
for longer than twenty-eight (28) days. In case of partial disability
after the period of temporary total disability, the later period shall be
included as part of the maximum period allowed for partial disability.
For disablements occurring on and after July 1, 1971, and prior to
July 1, 1974, from occupational disease resulting in temporary partial
disability for work there shall be paid to the disabled employee
during such disability a weekly compensation equal to sixty percent
(60%) of the difference between the employee's average weekly
wages, as defined in section 19 of this chapter, and the weekly wages
at which the employee is actually employed after the disablement, for
a period not to exceed three hundred (300) weeks. Compensation
shall be allowed for the first seven (7) calendar days only if the
disability continues for longer than twenty-eight (28) days. In case of
partial disability after the period of temporary total disability, the
latter period shall be included as a part of the maximum period
allowed for partial disability.
For disablements occurring on and after July 1, 1974, from
occupational disease resulting in temporary partial disability for
work there shall be paid to the disabled employee during such
disability a weekly compensation equal to sixty-six and two-thirds
percent (66 2/3%) of the difference between the employee's average
weekly wages, as defined in section 19 of this chapter, and the
weekly wages at which he is actually employed after the disablement,
for a period not to exceed three hundred (300) weeks. Compensation
shall be allowed for the first seven (7) calendar days only if the
disability continues for longer than twenty-one (21) days. In case of
partial disability after the period of temporary total disability, the
latter period shall be included as a part of the maximum period
allowed for partial disability.
(g) For disabilities occurring on and after April 1, 1951, and prior
to April 1, 1955, from occupational disease in the following
schedule, the employee shall receive in lieu of all other
compensation, on account of such disabilities, a weekly
compensation of sixty percent (60%) of the employee's average
weekly wage; for disabilities occurring on and after April 1, 1955,
and prior to July 1, 1971, from occupational disease in the following
schedule, the employee shall receive in addition to disability benefits
not exceeding twenty-six (26) weeks on account of said occupational
disease a weekly compensation of sixty percent (60%) of the
employee's average weekly wages.
For disabilities occurring on and after July 1, 1971, and before
July 1, 1977, from occupational disease in the following schedule,
the employee shall receive in addition to disability benefits not
exceeding twenty-six (26) weeks on account of said occupational
disease a weekly compensation of sixty percent (60%) of his average
weekly wages not to exceed one hundred dollars ($100) average
weekly wages, for the period stated for such disabilities respectively.
For disabilities occurring on and after July 1, 1977, and before
July 1, 1979, from occupational disease in the following schedule,
the employee shall receive in addition to disability benefits not
exceeding twenty-six (26) weeks on account of the occupational
disease a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed one hundred
twenty-five dollars ($125) average weekly wages, for the period
stated for the disabilities.
For disabilities occurring on and after July 1, 1979, and before
July 1, 1988, from occupational disease in the following schedule,
the employee shall receive in addition to disability benefits, not
exceeding fifty-two (52) weeks on account of the occupational
disease, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed one hundred
twenty-five dollars ($125) average weekly wages, for the period
stated for the disabilities.
For disabilities occurring on and after July 1, 1988, and before
July 1, 1989, from occupational disease in the following schedule,
the employee shall receive in addition to disability benefits, not
exceeding seventy-eight (78) weeks on account of the occupational
disease, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed one hundred
sixty-six dollars ($166) average weekly wages, for the period stated
for the disabilities.
For disabilities occurring on and after July 1, 1989, and before
July 1, 1990, from occupational disease in the following schedule,
the employee shall receive in addition to disability benefits, not
exceeding seventy-eight (78) weeks on account of the occupational
disease, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed one hundred
eighty-three dollars ($183) average weekly wages, for the period
stated for the disabilities.
For disabilities occurring on and after July 1, 1990, and before
July 1, 1991, from occupational disease in the following schedule,
the employee shall receive in addition to disability benefits, not
exceeding seventy-eight (78) weeks on account of the occupational
disease, a weekly compensation of sixty percent (60%) of the
employee's average weekly wages, not to exceed two hundred dollars
($200) average weekly wages, for the period stated for the
disabilities.
(1) Amputations: For the loss by separation, of the thumb, sixty
(60) weeks; of the index finger, forty (40) weeks; of the second
finger, thirty-five (35) weeks; of the third or ring finger, thirty
(30) weeks; of the fourth or little finger, twenty (20) weeks; of
the hand by separation below the elbow, two hundred (200)
weeks; of the arm above the elbow joint, two hundred fifty
(250) weeks; of the big toe, sixty (60) weeks; of the second toe,
thirty (30) weeks; of the third toe, twenty (20) weeks; of the
fourth toe, fifteen (15) weeks; of the fifth or little toe, ten (10)
weeks; of the foot below the knee joint, one hundred fifty (150)
weeks; and of the leg above the knee joint, two hundred (200)
weeks. The loss of more than one (1) phalange of a thumb or
toe shall be considered as the loss of the entire thumb or toe.
The loss of more than two (2) phalanges of a finger shall be
considered as the loss of the entire finger. The loss of not more
than one (1) phalange of a thumb or toe shall be considered as
the loss of one-half (1/2) of the thumb or toe and compensation
shall be paid for one-half (1/2) of the period for the loss of the
entire thumb or toe. The loss of not more than two (2)
phalanges of a finger shall be considered as the loss of one-half
(1/2) the finger and compensation shall be paid for one-half
(1/2) of the period for the loss of the entire finger.
(2) Loss of Use: The total permanent loss of the use of an arm,
hand, thumb, finger, leg, foot, toe, or phalange shall be
considered as the equivalent of the loss by separation of the
arm, hand, thumb, finger, leg, foot, toe, or phalange and the
compensation shall be paid for the same period as for the loss
thereof by separation.
(3) Partial Loss of Use: For the permanent partial loss of the use
of an arm, hand, thumb, finger, leg, foot, toe, or phalange,
compensation shall be paid for the proportionate loss of the use
of such arm, hand, thumb, finger, leg, foot, toe, or phalange.
(4) For disablements for occupational disease resulting in total
permanent disability, five hundred (500) weeks.
(5) For the loss of both hands, or both feet, or the total sight of
both eyes, or any two (2) of such losses resulting from the same
disablement by occupational disease, five hundred (500) weeks.
(6) For the permanent and complete loss of vision by
enucleation of an eye or its reduction to one-tenth (1/10) of
normal vision with glasses, one hundred fifty (150) weeks, and
for any other permanent reduction of the sight of an eye,
compensation shall be paid for a period proportionate to the
degree of such permanent reduction without correction or
glasses. However, when such permanent reduction without
correction or glasses would result in one hundred percent
(100%) loss of vision, but correction or glasses would result in
restoration of vision, then compensation shall be paid for fifty
percent (50%) of such total loss of vision without glasses plus
an additional amount equal to the proportionate amount of such
reduction with glasses, not to exceed an additional fifty percent
(50%).
(7) For the permanent and complete loss of hearing, two
hundred (200) weeks.
(8) In all other cases of permanent partial impairment,
compensation proportionate to the degree of such permanent
partial impairment, in the discretion of the worker's
compensation board, not exceeding five hundred (500) weeks.
(9) In all cases of permanent disfigurement, which may impair
the future usefulness or opportunities of the employee,
compensation in the discretion of the worker's compensation
board, not exceeding two hundred (200) weeks, except that no
compensation shall be payable under this paragraph where
compensation shall be payable under subdivisions (1) through
(8). Where compensation for temporary total disability has been
paid, this amount of compensation shall be deducted from any
compensation due for permanent disfigurement.
With respect to disablements in the following schedule occurring
on and after July 1, 1991, the employee shall receive in addition to
temporary total disability benefits, not exceeding one hundred
twenty-five (125) weeks on account of the disablement,
compensation in an amount determined under the following schedule
to be paid weekly at a rate of sixty-six and two-thirds percent (66
2/3%) of the employee's average weekly wages during the fifty-two
(52) weeks immediately preceding the week in which the
disablement occurred:
(1) Amputation: For the loss by separation of the thumb, twelve
(12) degrees of permanent impairment; of the index finger,
eight (8) degrees of permanent impairment; of the second
finger, seven (7) degrees of permanent impairment; of the third
or ring finger, six (6) degrees of permanent impairment; of the
fourth or little finger, four (4) degrees of permanent
impairment; of the hand by separation below the elbow joint,
forty (40) degrees of permanent impairment; of the arm above
the elbow, fifty (50) degrees of permanent impairment; of the
big toe, twelve (12) degrees of permanent impairment; of the
second toe, six (6) degrees of permanent impairment; of the
third toe, four (4) degrees of permanent impairment; of the
fourth toe, three (3) degrees of permanent impairment; of the
fifth or little toe, two (2) degrees of permanent impairment; of
separation of the foot below the knee joint, thirty-five (35)
degrees of permanent impairment; and of the leg above the knee
joint, forty-five (45) degrees of permanent impairment.
(2) Amputations occurring on or after July 1, 1997: For the loss
by separation of any of the body parts described in subdivision
(1) on or after July 1, 1997, the dollar values per degree
applying on the date of the injury as described in subsection (h)
shall be multiplied by two (2). However, the doubling provision
of this subdivision does not apply to a loss of use that is not a
loss by separation.
(3) The loss of more than one (1) phalange of a thumb or toe
shall be considered as the loss of the entire thumb or toe. The
loss of more than two (2) phalanges of a finger shall be
considered as the loss of the entire finger. The loss of not more
than one (1) phalange of a thumb or toe shall be considered as
the loss of one-half (1/2) of the degrees of permanent
impairment for the loss of the entire thumb or toe. The loss of
not more than one (1) phalange of a finger shall be considered
as the loss of one-third (1/3) of the finger and compensation
shall be paid for one-third (1/3) of the degrees payable for the
loss of the entire finger. The loss of more than one (1) phalange
of the finger but not more than two (2) phalanges of the finger
shall be considered as the loss of one-half (1/2) of the finger
and compensation shall be paid for one-half (1/2) of the degrees
payable for the loss of the entire finger.
(4) For the loss by separation of both hands or both feet or the
total sight of both eyes or any two (2) such losses in the same
accident, one hundred (100) degrees of permanent impairment.
(5) For the permanent and complete loss of vision by
enucleation or its reduction to one-tenth (1/10) of normal vision
with glasses, thirty-five (35) degrees of permanent impairment.
(6) For the permanent and complete loss of hearing in one (1)
ear, fifteen (15) degrees of permanent impairment, and in both
ears, forty (40) degrees of permanent impairment.
(7) For the loss of one (1) testicle, ten (10) degrees of
permanent impairment; for the loss of both testicles, thirty (30)
degrees of permanent impairment.
(8) Loss of use: The total permanent loss of the use of an arm,
a hand, a thumb, a finger, a leg, a foot, a toe, or a phalange shall
be considered as the equivalent of the loss by separation of the
arm, hand, thumb, finger, leg, foot, toe, or phalange, and
compensation shall be paid in the same amount as for the loss
by separation. However, the doubling provision of subdivision
(2) does not apply to a loss of use that is not a loss by
separation.
(9) Partial loss of use: For the permanent partial loss of the use
of an arm, a hand, a thumb, a finger, a leg, a foot, a toe, or a
phalange, compensation shall be paid for the proportionate loss
of the use of the arm, hand, thumb, finger, leg, foot, toe, or
phalange.
(10) For disablements resulting in total permanent disability, the
amount payable for impairment or five hundred (500) weeks of
compensation, whichever is greater.
(11) For any permanent reduction of the sight of an eye less
than a total loss as specified in subdivision (5), the
compensation shall be paid in an amount proportionate to the
degree of a permanent reduction without correction or glasses.
However, when a permanent reduction without correction or
glasses would result in one hundred percent (100%) loss of
vision, then compensation shall be paid for fifty percent (50%)
of the total loss of vision without glasses, plus an additional
amount equal to the proportionate amount of the reduction with
glasses, not to exceed an additional fifty percent (50%).
(12) For any permanent reduction of the hearing of one (1) or
both ears, less than the total loss as specified in subdivision (6),
compensation shall be paid in an amount proportionate to the
degree of a permanent reduction.
(13) In all other cases of permanent partial impairment,
compensation proportionate to the degree of a permanent partial
impairment, in the discretion of the worker's compensation
board, not exceeding one hundred (100) degrees of permanent
impairment.
(14) In all cases of permanent disfigurement which may impair
the future usefulness or opportunities of the employee,
compensation, in the discretion of the worker's compensation
board, not exceeding forty (40) degrees of permanent
impairment except that no compensation shall be payable under
this subdivision where compensation is payable elsewhere in
this section.
(h) With respect to disablements occurring on and after July 1,
1991, compensation for permanent partial impairment shall be paid
according to the degree of permanent impairment for the disablement
determined under subsection (d) and the following:
(1) With respect to disablements occurring on and after July 1,
1991, and before July 1, 1992, for each degree of permanent
impairment from one (1) to thirty-five (35), five hundred dollars
($500) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), nine hundred dollars ($900)
per degree; for each degree of permanent impairment above
fifty (50), one thousand five hundred dollars ($1,500) per
degree.
(2) With respect to disablements occurring on and after July 1,
1992, and before July 1, 1993, for each degree of permanent
impairment from one (1) to twenty (20), five hundred dollars
($500) per degree; for each degree of permanent impairment
from twenty-one (21) to thirty-five (35), eight hundred dollars
($800) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand three hundred
dollars ($1,300) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(3) With respect to disablements occurring on and after July 1,
1993, and before July 1, 1997, for each degree of permanent
impairment from one (1) to ten (10), five hundred dollars
($500) per degree; for each degree of permanent impairment
from eleven (11) to twenty (20), seven hundred dollars ($700)
per degree; for each degree of permanent impairment from
twenty-one (21) to thirty-five (35), one thousand dollars
($1,000) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(4) With respect to disablements occurring on and after July 1,
1997, and before July 1, 1998, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand dollars
($1,000) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(5) With respect to disablements occurring on and after July 1,
1998, and before July 1, 1999, for each degree of permanent
impairment from one (1) to ten (10), seven hundred fifty dollars
($750) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand dollars
($1,000) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), one thousand four hundred
dollars ($1,400) per degree; for each degree of permanent
impairment above fifty (50), one thousand seven hundred
dollars ($1,700) per degree.
(6) With respect to disablements occurring on and after July 1,
1999, and before July 1, 2000, for each degree of permanent
impairment from one (1) to ten (10), nine hundred dollars
($900) per degree; for each degree of permanent impairment
from eleven (11) to thirty-five (35), one thousand one hundred
dollars ($1,100) per degree; for each degree of permanent
impairment from thirty-six (36) to fifty (50), one thousand six
hundred dollars ($1,600) per degree; for each degree of
permanent impairment above fifty (50), two thousand dollars
($2,000) per degree.
(7) With respect to disablements occurring on and after July 1,
2000, and before July 1, 2001, for each degree of permanent
impairment from one (1) to ten (10), one thousand one hundred
dollars ($1,100) per degree; for each degree of permanent
impairment from eleven (11) to thirty-five (35), one thousand
three hundred dollars ($1,300) per degree; for each degree of
permanent impairment from thirty-six (36) to fifty (50), two
thousand dollars ($2,000) per degree; for each degree of
permanent impairment above fifty (50), two thousand five
hundred fifty dollars ($2,500) per degree.
(8) With respect to disablements occurring on and after July 1,
2001, for each degree of permanent impairment from one (1) to
ten (10), one thousand three hundred dollars ($1,300) per
degree; for each degree of permanent impairment from eleven
(11) to thirty-five (35), one thousand five hundred dollars
($1,500) per degree; for each degree of permanent impairment
from thirty-six (36) to fifty (50), two thousand four hundred
dollars ($2,400) per degree; for each degree of permanent
impairment above fifty (50), three thousand dollars ($3,000) per
degree.
(i) The average weekly wages used in the determination of
compensation for permanent partial impairment under subsections
(g) and (h) shall not exceed the following:
(1) With respect to disablements occurring on or after July 1,
1991, and before July 1, 1992, four hundred ninety-two dollars
($492).
(2) With respect to disablements occurring on or after July 1,
1992, and before July 1, 1993, five hundred forty dollars
($540).
(3) With respect to disablements occurring on or after July 1,
1993, and before July 1, 1994, five hundred ninety-one dollars
($591).
(4) With respect to disablements occurring on or after July 1,
1994, and before July 1, 1997, six hundred forty-two dollars
($642).
(5) With respect to disablements occurring on or after July 1,
1997, and before July 1, 1998, six hundred seventy-two dollars
($672).
(6) With respect to disablements occurring on or after July 1,
1998, and before July 1, 1999, seven hundred two dollars
($702).
(7) With respect to disablements occurring on or after July 1,
1999, and before July 1, 2000, seven hundred thirty-two dollars
($732).
(8) With respect to disablements occurring on or after July 1,
2000, and before July 1, 2001, seven hundred sixty-two dollars
($762).
(9) With respect to injuries occurring on or after July 1, 2001,
and before July 1, 2002, eight hundred twenty-two dollars
($822).
(10) With respect to injuries occurring on or after July 1, 2002,
eight hundred eighty-two dollars ($882).
(j) If any employee, only partially disabled, refuses employment
suitable to his capacity procured for him, he shall not be entitled to
any compensation at any time during the continuance of such refusal
unless, in the opinion of the worker's compensation board, such
refusal was justifiable. The employee must be served with a notice
setting forth the consequences of the refusal under this subsection.
The notice must be in a form prescribed by the worker's
compensation board.
(k) If an employee has sustained a permanent impairment or
disability from an accidental injury other than an occupational
disease in another employment than that in which he suffered a
subsequent disability from an occupational disease, such as herein
specified, the employee shall be entitled to compensation for the
subsequent disability in the same amount as if the previous
impairment or disability had not occurred. However, if the permanent
impairment or disability resulting from an occupational disease for
which compensation is claimed results only in the aggravation or
increase of a previously sustained permanent impairment from an
occupational disease or physical condition regardless of the source
or cause of such previously sustained impairment from an
occupational disease or physical condition, the board shall determine
the extent of the previously sustained permanent impairment from an
occupational disease or physical condition as well as the extent of the
aggravation or increase resulting from the subsequent permanent
impairment or disability, and shall award compensation only for that
part of said occupational disease or physical condition resulting from
the subsequent permanent impairment. An amputation of any part of
the body or loss of any or all of the vision of one (1) or both eyes
caused by an occupational disease shall be considered as a permanent
impairment or physical condition.
(l) If an employee suffers a disablement from occupational disease
for which compensation is payable while the employee is still
receiving or entitled to compensation for a previous injury by
accident or disability by occupational disease in the same
employment, he shall not at the same time be entitled to
compensation for both, unless it be for a permanent injury, such as
specified in subsection (g)(1), (g)(4), (g)(5), (g)(8), or (g)(9); but the
employee shall be entitled to compensation for that disability and
from the time of that disability which will cover the longest period
and the largest amount payable under this chapter.
(m) If an employee receives a permanent disability from
occupational disease such as specified in subsection (g)(1), (g)(4),
(g)(5), (g)(8), or (g)(9) after having sustained another such
permanent disability in the same employment the employee shall be
entitled to compensation for both such disabilities, but the total
compensation shall be paid by extending the period and not by
increasing the amount of weekly compensation and, when such
previous and subsequent permanent disabilities, in combination
result in total permanent disability or permanent total impairment,
compensation shall be payable for such permanent total disability or
impairment, but payments made for the previous disability or
impairment shall be deducted from the total payment of
compensation due.
(n) When an employee has been awarded or is entitled to an award
of compensation for a definite period under this chapter for disability
from occupational disease, which disablement occurs on and after
April 1, 1951, and prior to April 1, 1963, and such employee dies
from any other cause than such occupational disease, payment of the
unpaid balance of such compensation, not exceeding three hundred
(300) weeks, shall be made to the employee's dependents of the
second and third class as defined in sections 11 through 14 of this
chapter, and compensation, not exceeding five hundred (500) weeks,
shall be made to the employee's dependents of the first class as
defined in sections 11 through 14 of this chapter. When an employee
has been awarded or is entitled to an award of compensation for a
definite period from an occupational disease wherein disablement
occurs on and after April 1, 1963, and such employee dies from other
causes than such occupational disease, payment of the unpaid
balance of such compensation not exceeding three hundred fifty
(350) weeks shall be paid to the employee's dependents of the second
and third class as defined in sections 11 through 14 of this chapter
and compensation, not exceeding five hundred (500) weeks shall be
made to the employee's dependents of the first class as defined in
sections 11 through 14 of this chapter.
(o) Any payment made by the employer to the employee during
the period of the employee's disability, or to the employee's
dependents, which, by the terms of this chapter, was 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, but such deduction shall be made from the distal end
of the period during which compensation must be paid, except in
cases of temporary disability.
(p) When so provided in the compensation agreement or in the
award of the worker's compensation board, compensation may be
paid semimonthly, or monthly, instead of weekly.
(q) When the aggregate payments of compensation awarded by
agreement or upon hearing to an employee or dependent under
eighteen (18) years of age do not exceed one hundred dollars ($100),
the payment thereof may be made directly to such employee or
dependent, except when the worker's compensation board shall order
otherwise.
Whenever the aggregate payments of compensation, due to any
person under eighteen (18) years of age, exceed one hundred dollars
($100), the payment thereof shall be made to a trustee, appointed by
the circuit or superior court, or to a duly qualified guardian, or, upon
the order of the worker's compensation board, to a parent or to such
minor person. The payment of compensation, due to any person
eighteen (18) years of age or over, may be made directly to such
person.
(r) If an employee, or a dependent, is mentally incompetent, or a
minor at the time when any right or privilege accrues to the employee
under this chapter, the employee's guardian or trustee may, in the
employee's behalf, claim and exercise such right and privilege.
(s) All compensation payments named and provided for in this
section, shall mean and be defined to be for only such occupational
diseases and disabilities therefrom as are proved by competent
evidence, of which there are or have been objective conditions or
symptoms proven, not within the physical or mental control of the
employee himself.
(Formerly: Acts 1937, c.69, s.8; Acts 1949, c.242, s.1; Acts 1951,
c.250, s.1; Acts 1955, c.326, s.1; Acts 1963, c.388, s.11; Acts 1971,
P.L.354, SEC.2; Acts 1974, P.L.109, SEC.5.) As amended by Acts
1976, P.L.112, SEC.5; Acts 1977, P.L.261, SEC.5; Acts 1979,
P.L.227, SEC.5; P.L.95-1988, SEC.14; P.L.170-1991, SEC.19;
P.L.258-1997(ss), SEC.14; P.L.31-2000, SEC.8; P.L.1-2001,
SEC.28.
Last modified: May 27, 2006