Awards; modification; hearings; appeals; investigations
Sec. 27. (a) If the employer and the employee or the employee's
dependents disagree in regard to the compensation payable under this
chapter, or, if they have reached such an agreement, which has been
signed by them, filed with and approved by the worker's
compensation board, and afterward disagree as to the continuance of
payments under such agreement, or as to the period for which
payments shall be made, or as to the amount to be paid, because of
a change in conditions since the making of such agreement, either
party may then make an application to the board for the
determination of the matters in dispute. When compensation which
is payable in accordance with an award or by agreement approved by
the board is ordered paid in a lump sum by the board, no review shall
be had as in this subsection mentioned.
(b) The application making claim for compensation filed with the
worker's compensation board shall state the following:
(1) The approximate date of the last day of the last exposure
and the approximate date of the disablement.
(2) The general nature and character of the illness or disease
claimed.
(3) The name and address of the employer by whom employed
on the last day of the last exposure, and if employed by any
other employer after such last exposure and before disablement,
the name and address of such other employer or employers.
(4) In case of death, the date and place of death.
(5) Amendments to applications making claim for compensation
which relate to the same disablement or disablement resulting
in death originally claimed upon may be allowed by the board
in its discretion, and, in the exercise of such discretion, it may,
in proper cases, order a trial de novo. Such amendment shall
relate back to the date of the filing of the original application so
amended.
(c) Upon the filing of such application, the board shall set the date
of hearing, which shall be as early as practicable, and shall notify the
parties, in the manner prescribed by the board, of the time and place
of hearing. The hearing of all claims for compensation on account of
occupational disease shall be held in the county in which the last
exposure occurred or in any adjoining county, except when the
parties consent to a hearing elsewhere. Claims assigned to an
individual board member that are considered to be of an emergency
nature by that board member, may be heard in any county within the
board member's jurisdiction.
(d) The board by any or all of its members shall hear the parties
at issue, their representatives, and witnesses, and shall determine the
dispute in a summary manner. The award shall be filed with the
record of proceedings, and a copy thereof shall immediately be sent
by registered mail to each of the parties in dispute.
(e) If an application for review is made to the board within thirty
(30) days from the date of the award made by less than all the
members, the full board, if the first hearing was not held before the
full board, shall review the evidence, or, if deemed advisable, hear
the parties at issue, their representatives, and witnesses as soon as
practicable, and shall make an award and file the same with the
finding of the facts on which it is based and send a copy thereof to
each of the parties in dispute, in like manner as specified in
subsection (d).
(f) An award of the board by less than all of the members as
provided in this section, if not reviewed as provided in this section,
shall be final and conclusive. An award by the full board shall be
conclusive and binding unless either party to the dispute, within
thirty (30) days after receiving a copy of such award, appeals to the
court of appeals under the same terms and conditions as govern
appeals in ordinary civil actions. The court of appeals shall have
jurisdiction to review all questions of law and of fact. The board, of
its own motion, may certify questions of law to the court of appeals
for its decision and determination. An assignment of errors that the
award of the full board is contrary to law shall be sufficient to
present both the sufficiency of the facts found to sustain the award
and the sufficiency of the evidence to sustain the finding of facts. All
such appeals and certified questions of law shall be submitted upon
the date filed in the court of appeals, shall be advanced upon the
docket of the court, and shall be determined at the earliest practicable
date, without any extensions of time for filing briefs. An award of the
full board affirmed on appeal, by the employer, shall be increased
thereby five percent (5%), and by order of the court may be increased
ten percent (10%).
(g) Upon order of the worker's compensation board made after
five (5) days notice is given to the opposite party, any party in
interest may file in the circuit or superior court of the county in
which the disablement occurred a certified copy of the memorandum
of agreement, approved by the board, or of an order or decision of
the board, or of an award of the full board unappealed from, or of an
award of the full board affirmed upon an appeal, whereupon the
court shall render judgment in accordance therewith and notify the
parties. Such judgment shall have the same effect and all proceedings
in relation thereto shall thereafter be the same as though such
judgment has been rendered in a suit duly heard and determined by
the court. Any such judgment of such circuit or superior court,
unappealed from or affirmed on appeal or modified in obedience to
the mandate of the court of appeals, shall be modified to conform to
any decision of the industrial board ending, diminishing, or
increasing any weekly payment under the provisions of subsection (i)
upon the presentation to it of a certified copy of such decision.
(h) In all proceedings before the worker's compensation board or
in a court under the compensation provisions of this chapter, the
costs shall be awarded and taxed as provided by law in ordinary civil
actions in the circuit court.
(i) The power and jurisdiction of the worker's compensation board
over each case shall be continuing, and, from time to time, it may,
upon its own motion or upon the application of either party on
account of a change in conditions, make such modification or change
in the award ending, lessening, continuing, or extending the
payments previously awarded, either by agreement or upon hearing,
as it may deem just, subject to the maximum and minimum provided
for in this chapter. When compensation which is payable in
accordance with an award or settlement contract approved by the
board is ordered paid in a lump sum by the board, no review shall be
had as in this subsection mentioned. Upon making any such change,
the board shall immediately send to each of the parties a copy of the
modified award. No such modification shall affect the previous
award as to any money paid thereunder. The board shall not make
any such modification upon its own motion, nor shall any application
therefor be filed by either party after the expiration of two (2) years
from the last day for which compensation was paid under the original
award made either by agreement or upon hearing, except that
applications for increased permanent partial impairment are barred
unless filed within one (1) year from the last day for which
compensation was paid. The board may at any time correct any
clerical error in any finding or award.
(j) The board or any member thereof may, upon the application of
either party or upon its own motion, appoint a disinterested and duly
qualified physician or surgeon to make any necessary medical
examination of the employee and to testify in respect thereto. Such
physician or surgeon shall be allowed traveling expenses and a
reasonable fee, to be fixed by the board. The fees and expenses of
such physician or surgeon shall be paid by the state only on special
order of the board or a member thereof.
(k) The board or any member thereof may, upon the application
of either party or upon its own motion, appoint a disinterested and
duly qualified industrial hygienist, industrial engineer, industrial
physician, or chemist to make any necessary investigation of the
occupation in which the employee alleges that he was last exposed
to the hazards of the occupational disease claimed upon, and testify
with respect to the occupational disease health hazards found by such
person or persons to exist in such occupation. Such person or persons
shall be allowed traveling expenses and a reasonable fee, to be fixed
by the board. The fees and expenses of such persons shall be paid by
the state, only on special order of the board or a member thereof.
(l) Whenever any claimant misconceives the claimant's remedy
and files an application for adjustment of a claim under IC 22-3-2
through IC 22-3-6 and it is subsequently discovered, at any time
before the final disposition of such cause, that the claim for injury or
death which was the basis for such application should properly have
been made under the provisions of this chapter, then the application
so filed under IC 22-3-2 through IC 22-3-6 may be amended in form
or substance or both to assert a claim for such disability or death
under the provisions of this chapter, and it shall be deemed to have
been so filed as amended on the date of the original filing thereof,
and such compensation may be awarded as is warranted by the whole
evidence pursuant to the provisions of this chapter. When such
amendment is submitted, further or additional evidence may be heard
by the worker's compensation board when deemed necessary.
Nothing in this section contained shall be construed to be or permit
a waiver of any of the provisions of this chapter with reference to
notice or time for filing a claim, but notice of filing of a claim, if
given or done, shall be deemed to be a notice or filing of a claim
under the provisions of this chapter if given or done within the time
required in this chapter.
(Formerly: Acts 1937, c.69, s.20; Acts 1947, c.164, s.8; Acts 1963,
c.388, s.15; Acts 1969, c.101, s.4.) As amended by P.L.144-1986,
SEC.69; P.L.28-1988, SEC.57; P.L.170-1991, SEC.22;
P.L.235-1999, SEC.8.
Last modified: May 27, 2006