Awards; computation; average weekly wages
Sec. 19. (a) In computing compensation for temporary total
disability, temporary partial disability, and total permanent disability
under this law with respect to occupational diseases occurring:
(1) on and after July 1, 1974, and before July 1, 1976, the
average weekly wages shall be considered to be:
(A) not more than one hundred thirty-five dollars ($135);
and
(B) not less than seventy-five dollars ($75);
(2) on and after July 1, 1976, and before July 1, 1977, the
average weekly wages shall be considered to be:
(A) not more than one hundred fifty-six dollars ($156); and
(B) not less than seventy-five dollars ($75);
(3) on and after July 1, 1977, and before July 1, 1979, the
average weekly wages are considered to be:
(A) not more than one hundred eighty dollars ($180); and
(B) not less than seventy-five dollars ($75);
(4) on and after July 1, 1979, and before July 1, 1980, the
average weekly wages are considered to be:
(A) not more than one hundred ninety-five dollars ($195);
and
(B) not less than seventy-five dollars ($75);
(5) on and after July 1, 1980, and before July 1, 1983, the
average weekly wages are considered to be:
(A) not more than two hundred ten dollars ($210); and
(B) not less than seventy-five dollars ($75);
(6) on and after July 1, 1983, and before July 1, 1984, the
average weekly wages are considered to be:
(A) not more than two hundred thirty-four dollars ($234);
and
(B) not less than seventy-five dollars ($75); and
(7) on and after July 1, 1984, and before July 1, 1985, the
average weekly wages are considered to be:
(A) not more than two hundred forty-nine dollars ($249);
and
(B) not less than seventy-five dollars ($75).
(b) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1985,
and before July 1, 1986, the average weekly wages are considered to
be:
(1) not more than two hundred sixty-seven dollars ($267); and
(2) not less than seventy-five dollars ($75).
(c) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1986,
and before July 1, 1988, the average weekly wages are considered to
be:
(1) not more than two hundred eighty-five dollars ($285); and
(2) not less than seventy-five dollars ($75).
(d) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1988,
and before July 1, 1989, the average weekly wages are considered to
be:
(1) not more than three hundred eighty-four dollars ($384); and
(2) not less than seventy-five dollars ($75).
(e) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1989,
and before July 1, 1990, the average weekly wages are considered to
be:
(1) not more than four hundred eleven dollars ($411); and
(2) not less than seventy-five dollars ($75).
(f) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1990,
and before July 1, 1991, the average weekly wages are considered to
be:
(1) not more than four hundred forty-one dollars ($441); and
(2) not less than seventy-five dollars ($75).
(g) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1991,
and before July 1, 1992, the average weekly wages are considered to
be:
(1) not more than four hundred ninety-two dollars ($492); and
(2) not less than seventy-five dollars ($75).
(h) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1992,
and before July 1, 1993, the average weekly wages are considered to
be:
(1) not more than five hundred forty dollars ($540); and
(2) not less than seventy-five dollars ($75).
(i) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1993,
and before July 1, 1994, the average weekly wages are considered to
be:
(1) not more than five hundred ninety-one dollars ($591); and
(2) not less than seventy-five dollars ($75).
(j) In computing compensation for temporary total disability,
temporary partial disability and total permanent disability, with
respect to occupational diseases occurring on and after July 1, 1994,
and before July 1, 1997, the average weekly wages are considered to
be:
(1) not more than six hundred forty-two dollars ($642); and
(2) not less than seventy-five dollars ($75).
(k) In computing compensation for temporary total disability,
temporary partial disability, and total permanent disability, the
average weekly wages are considered to be:
(1) with respect to occupational diseases occurring on and after
July 1, 1997, and before July 1, 1998:
(A) not more than six hundred seventy-two dollars ($672);
and
(B) not less than seventy-five dollars ($75);
(2) with respect to occupational diseases occurring on and after
July 1, 1998, and before July 1, 1999:
(A) not more than seven hundred two dollars ($702); and
(B) not less than seventy-five dollars ($75);
(3) with respect to occupational diseases occurring on and after
July 1, 1999, and before July 1, 2000:
(A) not more than seven hundred thirty-two dollars ($732);
and
(B) not less than seventy-five dollars ($75);
(4) with respect to occupational diseases occurring on and after
July 1, 2000, and before July 1, 2001:
(A) not more than seven hundred sixty-two dollars ($762);
and
(B) not less than seventy-five dollars ($75);
(5) with respect to disablements occurring on and after July 1,
2001, and before July 1, 2002:
(A) not more than eight hundred twenty-two dollars ($822);
and
(B) not less than seventy-five dollars ($75); and
(6) with respect to disablements occurring on and after July 1,
2002:
(A) not more than eight hundred eighty-two dollars ($882);
and
(B) not less than seventy-five dollars ($75).
(l) The maximum compensation that shall be paid for
occupational disease and its results under any one (1) or more
provisions of this chapter with respect to disability or death
occurring:
(1) on and after July 1, 1974, and before July 1, 1976, shall not
exceed forty-five thousand dollars ($45,000) in any case;
(2) on and after July 1, 1976, and before July 1, 1977, shall not
exceed fifty-two thousand dollars ($52,000) in any case;
(3) on and after July 1, 1977, and before July 1, 1979, may not
exceed sixty thousand dollars ($60,000) in any case;
(4) on and after July 1, 1979, and before July 1, 1980, may not
exceed sixty-five thousand dollars ($65,000) in any case;
(5) on and after July 1, 1980, and before July 1, 1983, may not
exceed seventy thousand dollars ($70,000) in any case;
(6) on and after July 1, 1983, and before July 1, 1984, may not
exceed seventy-eight thousand dollars ($78,000) in any case;
and
(7) on and after July 1, 1984, and before July 1, 1985, may not
exceed eighty-three thousand dollars ($83,000) in any case.
(m) The maximum compensation with respect to disability or
death occurring on and after July 1, 1985, and before July 1, 1986,
which shall be paid for occupational disease and the results thereof
under the provisions of this chapter or under any combination of its
provisions may not exceed eighty-nine thousand dollars ($89,000) in
any case. The maximum compensation with respect to disability or
death occurring on and after July 1, 1986, and before July 1, 1988,
which shall be paid for occupational disease and the results thereof
under the provisions of this chapter or under any combination of its
provisions may not exceed ninety-five thousand dollars ($95,000) in
any case. The maximum compensation with respect to disability or
death occurring on and after July 1, 1988, and before July 1, 1989,
that shall be paid for occupational disease and the results thereof
under this chapter or under any combination of its provisions may
not exceed one hundred twenty-eight thousand dollars ($128,000) in
any case.
(n) The maximum compensation with respect to disability or
death occurring on and after July 1, 1989, and before July 1, 1990,
that shall be paid for occupational disease and the results thereof
under this chapter or under any combination of its provisions may
not exceed one hundred thirty-seven thousand dollars ($137,000) in
any case.
(o) The maximum compensation with respect to disability or
death occurring on and after July 1, 1990, and before July 1, 1991,
that shall be paid for occupational disease and the results thereof
under this chapter or under any combination of its provisions may
not exceed one hundred forty-seven thousand dollars ($147,000) in
any case.
(p) The maximum compensation with respect to disability or
death occurring on and after July 1, 1991, and before July 1, 1992,
that shall be paid for occupational disease and the results thereof
under this chapter or under any combination of the provisions of this
chapter may not exceed one hundred sixty-four thousand dollars
($164,000) in any case.
(q) The maximum compensation with respect to disability or
death occurring on and after July 1, 1992, and before July 1, 1993,
that shall be paid for occupational disease and the results thereof
under this chapter or under any combination of the provisions of this
chapter may not exceed one hundred eighty thousand dollars
($180,000) in any case.
(r) The maximum compensation with respect to disability or death
occurring on and after July 1, 1993, and before July 1, 1994, that
shall be paid for occupational disease and the results thereof under
this chapter or under any combination of the provisions of this
chapter may not exceed one hundred ninety-seven thousand dollars
($197,000) in any case.
(s) The maximum compensation with respect to disability or death
occurring on and after July 1, 1994, and before July 1, 1997, that
shall be paid for occupational disease and the results thereof under
this chapter or under any combination of the provisions of this
chapter may not exceed two hundred fourteen thousand dollars
($214,000) in any case.
(t) The maximum compensation that shall be paid for
occupational disease and the results of an occupational disease under
this chapter or under any combination of the provisions of this
chapter may not exceed the following amounts in any case:
(1) With respect to disability or death occurring on and after
July 1, 1997, and before July 1, 1998, two hundred twenty-four
thousand dollars ($224,000).
(2) With respect to disability or death occurring on and after
July 1, 1998, and before July 1, 1999, two hundred thirty-four
thousand dollars ($234,000).
(3) With respect to disability or death occurring on and after
July 1, 1999, and before July 1, 2000, two hundred forty-four
thousand dollars ($244,000).
(4) With respect to disability or death occurring on and after
July 1, 2000, and before July 1, 2001, two hundred fifty-four
thousand dollars ($254,000).
(5) With respect to disability or death occurring on and after
July 1, 2001, and before July 1, 2002, two hundred seventy-four
thousand dollars ($274,000).
(6) With respect to disability or death occurring on and after
July 1, 2002, two hundred ninety-four thousand dollars
($294,000).
(u) For all disabilities occurring before July 1, 1985, "average
weekly wages" shall mean the earnings of the injured employee in
the employment in which the employee was working at the time of
the last exposure during the period of fifty-two (52) weeks
immediately preceding the last day of the last exposure divided by
fifty-two (52). If the employee lost seven (7) or more calendar days
during the period, although not in the same week, then the earnings
for the remainder of the fifty-two (52) weeks shall be divided by the
number of weeks and parts thereof remaining after the time lost has
been deducted. Where the employment prior to the last day of the last
exposure extended over a period of less than fifty-two (52) weeks,
the method of dividing the earnings during that period by the number
of weeks and parts thereof during which the employee earned wages
shall be followed if results just and fair to both parties will be
obtained. Where by reason of the shortness of the time during which
the employee has been in the employment of the employer or of the
casual nature or terms of the employment it is impracticable to
compute the average weekly wages as above defined, regard shall be
had to the average weekly amount which, during the fifty-two (52)
weeks previous to the last day of the last exposure, was being earned
by a person in the same grade employed at the same work by the
same employer, or if there is no person so employed, by a person in
the same grade employed in that same class of employment in the
same district. Whenever allowances of any character are made to an
employee in lieu of wages or a specified part of the wage contract,
they shall be deemed a part of the employee's earnings.
(v) For all disabilities occurring on and after July 1, 1985,
"average weekly wages" means the earnings of the injured employee
during the period of fifty-two (52) weeks immediately preceding the
disability divided by fifty-two (52). If the employee lost seven (7) or
more calendar days during the period, although not in the same week,
then the earnings for the remainder of the fifty-two (52) weeks shall
be divided by the number of weeks and parts of weeks remaining
after the time lost has been deducted. If employment before the date
of disability extended over a period of less than fifty-two (52) weeks,
the method of dividing the earnings during that period by the number
of weeks and parts of weeks during which the employee earned
wages shall be followed if results just and fair to both parties will be
obtained. If by reason of the shortness of the time during which the
employee has been in the employment of the employer or of the
casual nature or terms of the employment it is impracticable to
compute the average weekly wages for the employee, the employee's
average weekly wages shall be considered to be the average weekly
amount that, during the fifty-two (52) weeks before the date of
disability, was being earned by a person in the same grade employed
at the same work by the same employer or, if there is no person so
employed, by a person in the same grade employed in that same class
of employment in the same district. Whenever allowances of any
character are made to an employee instead of wages or a specified
part of the wage contract, they shall be considered a part of the
employee's earnings.
(w) The provisions of this article may not be construed to result
in an award of benefits in which the number of weeks paid or to be
paid for temporary total disability, temporary partial disability, or
permanent total disability benefits combined exceeds five hundred
(500) weeks. This section shall not be construed to prevent a person
from applying for an award under IC 22-3-3-13. However, in case of
permanent total disability resulting from a disablement occurring on
or after January 1, 1998, the minimum total benefit shall not be less
than seventy-five thousand dollars ($75,000).
(Formerly: Acts 1937, c.69, s.11; Acts 1943, c.115, s.2; Acts 1945,
c.290, s.2; Acts 1949, c.242, s.2; Acts 1951, c.250, s.2; Acts 1953,
c.174, s.1; Acts 1955, c.276, s.1; Acts 1957, c.353, s.2; Acts 1959,
c.266, s.1; Acts 1963, c.388, s.19; Acts 1965, c.206, s.1; Acts 1967,
c.313, s.3; Acts 1969, c.101, s.3; Acts 1971, P.L.354, SEC.3; Acts
1974, P.L.109, SEC.6.) As amended by Acts 1976, P.L.112, SEC.6;
Acts 1977, P.L.261, SEC.6; Acts 1979, P.L.227, SEC.6;
P.L.225-1983, SEC.4; P.L.223-1985, SEC.3; P.L.224-1985, SEC.2;
P.L.95-1988, SEC.16; P.L.170-1991, SEC.21; P.L.258-1997(ss),
SEC.16; P.L.31-2000, SEC.10.
Last modified: May 27, 2006