Medical attendance and treatment; prosthetic devices; emergency
treatment; liability to providers
Sec. 17. (a) During the period of disablement, the employer shall
furnish or cause to be furnished, free of charge to the employee, an
attending physician for the treatment of his occupational disease, 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 of
Indiana to its employees. 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 disablement resulting from the
occupational disease, the employer shall furnish such physician,
services, and supplies, and the worker's compensation board may, on
proper application of either party, require that treatment by such
physician and such services and supplies be furnished by or on behalf
of the employer as the board may deem reasonably necessary. After
an employee's occupational disease 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(i) of this chapter, the employer may continue to furnish a
physician or a surgeon and other medical services and supplies, and
the board may, within such statutory period for review as provided
in section 27(i) of this chapter, on a proper application of either
party, require that treatment by such physician or surgeon and such
services and supplies be furnished by and on behalf of the employer
as the board may deem necessary to limit or reduce the amount and
extent of such impairment. The refusal of the employee to accept
such services and supplies when so provided by or on behalf of the
employer, shall bar the employee from all compensation otherwise
payable during the period of such refusal and his right to prosecute
any proceeding under this chapter shall be suspended and abated
until such 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 such impairment, disfigurement,
or death which is the result of the failure of such employee to accept
such treatment, services, and supplies, provided that an employer
may at any time permit an employee to have treatment for his disease
or injury by spiritual means or prayer in lieu of such physician,
services, and supplies.
(c) Regardless of when it occurs, where a compensable
occupational disease 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
occupational disease 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.
(d) If an emergency or because of the employer's failure to
provide such attending physician or such surgical, hospital, or nurse's
services and supplies or such treatment by spiritual means or prayer
as specified in this section, or for other good reason, a physician
other than that provided by the employer treats the diseased
employee within the period of disability, or necessary and proper
surgical, hospital, or nurse's services and supplies are procured
within the period, the reasonable cost of such services and supplies
shall, subject to approval of the worker's compensation board, be
paid by the employer.
(e) This section may not be construed to prohibit an agreement
between an employer and employees that has the approval of the
board and that:
(1) binds the parties to medical care furnished by providers
selected by agreement before or after disablement; or
(2) makes the findings of a provider chosen in this manner
binding upon the parties.
(f) The employee and the employee's estate do not have liability
to a health care provider for payment for services obtained under this
section. The right to order payment for all services provided under
this chapter is solely with the board. All claims by a health care
provider for payment for services are against the employer and the
employer's insurance carrier, if any, and must be made with the board
under this chapter.
(Formerly: Acts 1937, c.69, s.9; Acts 1947, c.164, s.6; Acts 1963,
c.388, s.12.) As amended by P.L.144-1986, SEC.63; P.L.28-1988,
SEC.52; P.L.95-1988, SEC.15; P.L.170-1991, SEC.20;
P.L.258-1997(ss), SEC.15; P.L.31-2000, SEC.9.
Last modified: May 27, 2006