*SB0290.2*

ReprintedJanuary 26, 2018

SENATE BILL No. 290_____

DIGEST OF SB 290 (Updated January 25, 2018 2:41 pm - DI 102)

Citations Affected: IC 22-3; noncode.

Synopsis: Worker's compensation. Establishes a time frame for thepayment of compensation under a settlement agreement, a permanentpartial impairment agreement, and an award of compensation orderedby a single hearing member of the worker's compensation board(board). Provides that an employer that fails to make a timely paymentis subject to a civil penalty. Requires an employer that has mobile orremote employees to convey information about worker's compensationcoverage to the employer's employees in an electronic format or in thesame manner as the employer conveys other employment relatedinformation. Allows the electronic filing of certain documents with theboard. Provides that a permanently, totally disabled worker mustreapply to the second injury fund for a wage replacement benefit everythree years instead of every 150 weeks. Requires the reporting ofworkplace injuries needing medical attention beyond first aid insteadof injuries causing an absence from work for more than one day.

(Continued next page)

Effective: Upon passage; July 1, 2018.

Ford, Tallian, Randolph Lonnie M,Niezgodski, Kruse

January 4, 2018, read first time and referred to Committee on Pensions and Labor.January 18, 2018, reported favorably — Do Pass.January 25, 2018, read second time, amended, ordered engrossed.

SB 290—LS 6827/DI 102

Digest Continued

Provides that reporting requirements for workplace injuries areintended to be consistent with the recording requirements set out in theUnited States Occupational Safety and Health Administration'sregulations. Changes from $50 per employee to $100 per day the civilpenalty for an employer's failure to provide proof of worker'scompensation coverage. Revises the definition of employer to includecorporations, limited liability companies, limited liability partnerships,and other entities that have common control and ownership. Makesconforming amendments for occupational diseases compensation.Urges the legislative council to assign to an appropriate interim studycommittee the task of studying increases to the benefit schedules forworker's compensation and occupational diseases compensation.

SB 290—LS 6827/DI 102SB 290—LS 6827/DI 102

ReprintedJanuary 26, 2018

Second Regular Session 120th General Assembly (2018)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the IndianaConstitution) is being amended, the text of the existing provision will appear in this style type,additions will appear in this style type, and deletions will appear in this style type. Additions: Whenever a new statutory provision is being enacted (or a new constitutionalprovision adopted), the text of the new provision will appear in this style type. Also, theword NEW will appear in that style type in the introductory clause of each SECTION that addsa new provision to the Indiana Code or the Indiana Constitution. Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflictsbetween statutes enacted by the 2017 Regular Session of the General Assembly.

SENATE BILL No. 290

A BILL FOR AN ACT to amend the Indiana Code concerning laborand safety.

Be it enacted by the General Assembly of the State of Indiana:

1 SECTION 1. IC 22-3-2-15 IS AMENDED TO READ AS2 FOLLOWS [EFFECTIVE JULY 1, 2018]: Sec. 15. (a) No contract,3 agreement (written or implied), rule, or other device shall, in any4 manner, operate to relieve any employer in whole or in part of any5 obligation created by IC 22-3-2 through IC 22-3-6. However, nothing6 in IC 22-3-2 through IC 22-3-6 shall be construed as preventing the7 parties to claims under IC 22-3-2 through IC 22-3-6 from entering into8 voluntary agreements in settlement thereof, but no agreement by an9 employee or his dependents to waive his rights under IC 22-3-2

10 through IC 22-3-6 shall be valid nor shall any agreement of settlement11 or compromise of any dispute or claim for compensation under12 IC 22-3-2 through IC 22-3-6 be valid until approved by a member of13 the board, nor shall a member of the worker's compensation board14 approve any settlement which is not in accordance with the rights of15 the parties as given in IC 22-3-2 through IC 22-3-6. No such agreement16 shall be valid unless made after seven (7) days from the date of the17 injury or death.

SB 290—LS 6827/DI 102

2

1 (b) A compromise settlement approved by a member of the worker's2 compensation board during the employee's lifetime shall extinguish and3 bar all claims for compensation for the employee's death if the4 settlement compromises a dispute on any question or issue other than5 the extent of disability or the rate of compensation.6 (c) A minor dependent, by parent or legal guardian, may7 compromise disputes and may enter into a compromise settlement8 agreement, and upon approval by a member of the worker's9 compensation board, the settlement agreement shall have the same

10 force and effect as though the minor had been an adult. The payment11 of compensation by the employer in accordance with the settlement12 agreement shall discharge the employer from all further obligation.13 (d) Payment of compensation under an agreement authorized by14 this section must be made not later than thirty (30) days after the15 date the worker's compensation board approves the agreement. An16 employer that fails to comply with this subsection is subject to a17 civil penalty under IC 22-3-4-15.18 SECTION 2. IC 22-3-2-22, AS AMENDED BY P.L.168-2011,19 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE20 JULY 1, 2018]: Sec. 22. (a) Each employer subject to IC 22-3-221 through IC 22-3-6 shall post a notice in the employer's place of22 business to inform the employees that their employment is covered by23 worker's compensation. The notice must also contain the name,24 address, and telephone number of the employer's insurance carrier or25 the person responsible for administering the employer's worker's26 compensation claims if the employer is self insured.27 (b) The notice required under this section must be in a form28 approved by the board and shall be posted at a conspicuous location at29 the employer's place of business to provide reasonable notice to all30 employees. If the employer is required by federal law or regulation to31 post a notice for the employer's employees, the notice required under32 this section must be posted in the same location or locations where the33 notice required by federal law or regulation is posted.34 (c) An employer that has mobile or remote employees shall35 convey the information required under subsection (a) to the36 employer's employees in an electronic format or in the same37 manner as the employer conveys other employment related38 information. Changes to the information required under subsection39 (a) must be conveyed promptly to the employer's employees in the40 same manner.41 (c) (d) An employer who fails to comply with this section is subject42 to a civil penalty under IC 22-3-4-15.

SB 290—LS 6827/DI 102

3

1 SECTION 3. IC 22-3-3-7, AS AMENDED BY P.L.168-2011,2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE3 JULY 1, 2018]: Sec. 7. (a) Compensation shall be allowed on account4 of injuries producing only temporary total disability to work or5 temporary partial disability to work beginning with the eighth day of6 such disability except for medical benefits provided in section 4 of the7 chapter. Compensation shall be allowed for the first seven (7) calendar8 days only if the disability continues for longer than twenty-one (21)9 days.

10 (b) The first weekly installment of compensation for temporary11 disability is due fourteen (14) days after the disability begins. Not later12 than fifteen (15) days from the date that the first installment of13 compensation is due, the employer or the employer's insurance carrier14 shall file with the worker's compensation board electronically and15 tender to the employee or to the employee's dependents, with all16 compensation due, a properly prepared compensation agreement in a17 form prescribed by the board. Whenever an employer or the employer's18 insurance carrier denies or is not able to determine liability to pay19 compensation or benefits, the employer or the employer's insurance20 carrier shall notify the worker's compensation board and the employee21 in writing on a form prescribed by the worker's compensation board not22 later than thirty (30) days after the employer's knowledge of the23 claimed injury. If a determination of liability cannot be made within24 thirty (30) days, the worker's compensation board may approve an25 additional thirty (30) days upon a written request of the employer or the26 employer's insurance carrier that sets forth the reasons that the27 determination could not be made within thirty (30) days and states the28 facts or circumstances that are necessary to determine liability within29 the additional thirty (30) days. More than thirty (30) days of additional30 time may be approved by the worker's compensation board upon the31 filing of a petition by the employer or the employer's insurance carrier32 that sets forth:33 (1) the extraordinary circumstances that have precluded a34 determination of liability within the initial sixty (60) days;35 (2) the status of the investigation on the date the petition is filed;36 (3) the facts or circumstances that are necessary to make a37 determination; and38 (4) a timetable for the completion of the remaining investigation.39 An employer who fails to comply with this section is subject to a civil40 penalty under IC 22-3-4-15.41 (c) Once begun, temporary total disability benefits may not be42 terminated by the employer unless:

SB 290—LS 6827/DI 102

4

1 (1) the employee has returned to any employment;2 (2) the employee has died;3 (3) the employee has refused to undergo a medical examination4 under section 6 of this chapter or has refused to accept suitable5 employment under section 11 of this chapter;6 (4) the employee has received five hundred (500) weeks of7 temporary total disability benefits or has been paid the maximum8 compensation allowed under section 22 of this chapter; or9 (5) the employee is unable or unavailable to work for reasons

10 unrelated to the compensable injury.11 In all other cases the employer must notify the employee in writing of12 the employer's intent to terminate the payment of temporary total13 disability benefits and of the availability of employment, if any, on a14 form approved by the board. If the employee disagrees with the15 proposed termination, the employee must give written notice of16 disagreement to the board and the employer within seven (7) days after17 receipt of the notice of intent to terminate benefits. If the board and18 employer do not receive a notice of disagreement under this section,19 the employee's temporary total disability benefits shall be terminated.20 Upon receipt of the notice of disagreement, the board shall immediately21 contact the parties, which may be by telephone or other means, and22 attempt to resolve the disagreement. If the board is unable to resolve23 the disagreement within ten (10) days of receipt of the notice of24 disagreement, the board shall immediately arrange for an evaluation of25 the employee by an independent medical examiner. The independent26 medical examiner shall be selected by mutual agreement of the parties27 or, if the parties are unable to agree, appointed by the board under28 IC 22-3-4-11. If the independent medical examiner determines that the29 employee is no longer temporarily disabled or is still temporarily30 disabled but can return to employment that the employer has made31 available to the employee, or if the employee fails or refuses to appear32 for examination by the independent medical examiner, temporary total33 disability benefits may be terminated. If either party disagrees with the34 opinion of the independent medical examiner, the party shall apply to35 the board for a hearing under IC 22-3-4-5.36 (d) An employer is not required to continue the payment of37 temporary total disability benefits for more than fourteen (14) days38 after the employer's proposed termination date unless the independent39 medical examiner determines that the employee is temporarily disabled40 and unable to return to any employment that the employer has made41 available to the employee.42 (e) If it is determined that as a result of this section temporary total

SB 290—LS 6827/DI 102

5

1 disability benefits were overpaid, the overpayment shall be deducted2 from any benefits due the employee under section 10 of this chapter3 and, if there are no benefits due the employee or the benefits due the4 employee do not equal the amount of the overpayment, the employee5 shall be responsible for paying any overpayment which cannot be6 deducted from benefits due the employee.7 SECTION 4. IC 22-3-3-10.5 IS ADDED TO THE INDIANA CODE8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY9 1, 2018]: Sec. 10.5. (a) The following must be tendered to an

10 employee not later than fifteen (15) days after the date of the11 physician's statement described in subdivision (2):12 (1) A proposed permanent partial impairment agreement.13 (2) The associated physician's statement required by14 IC 22-3-3-6(e).15 (3) The employee waiver of examination.16 (4) A hand/foot chart, if necessary.17 (b) A permanent partial impairment agreement signed by the18 employee, along with the supporting documentation listed in19 subsection (a), must be submitted to the worker's compensation20 board for approval not later than fifteen (15) days after the date of21 receipt from the employee.22 (c) Not later than thirty (30) days after the date the worker's23 compensation board approves the permanent partial impairment24 agreement, one (1) of the following amounts must be paid:25 (1) The first weekly installment of compensation for26 permanent partial impairment.27 (2) The lump sum, if the compensation is to be paid in a lump28 sum amount.29 (d) An employer that fails to comply with subsection (c) is30 subject to a civil penalty under IC 22-3-4-15.31 SECTION 5. IC 22-3-3-13, AS AMENDED BY P.L.168-2011,32 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE33 JULY 1, 2018]: Sec. 13. (a) As used in this section, "board" refers to34 the worker's compensation board created under IC 22-3-1-1.35 (b) If an employee who from any cause, had lost, or lost the use of,36 one (1) hand, one (1) arm, one (1) foot, one (1) leg, or one (1) eye, and37 in a subsequent industrial accident becomes permanently and totally38 disabled by reason of the loss, or loss of use of, another such member39 or eye, the employer shall be liable only for the compensation payable40 for such second injury. However, in addition to such compensation and41 after the completion of the payment therefor, the employee shall be42 paid the remainder of the compensation that would be due for such

SB 290—LS 6827/DI 102

6

1 total permanent disability out of a special fund known as the second2 injury fund, and created in the manner described in subsection (c).3 (c) Whenever the board determines under the procedures set forth4 in subsection (d) that an assessment is necessary to ensure that fund5 beneficiaries, including applicants under section 4(f) of this chapter,6 continue to receive compensation in a timely manner for a reasonable7 prospective period, the board shall send notice not later than November8 1 in any year to:9 (1) all insurance carriers and other entities insuring or providing

10 coverage to employers who are or may be liable under this article11 to pay compensation for personal injuries to or the death of their12 employees under this article; and13 (2) each employer carrying the employer's own risk;14 stating that an assessment is necessary. Not later than January 31 of the15 following year, each entity identified in subdivisions (1) and (2) shall16 send to the board a statement of total paid losses and premiums (as17 defined in subsection (d)(4)) paid by employers during the previous18 calendar year. The board may conduct an assessment under this19 subsection not more than one (1) time annually. The total amount of the20 assessment may not exceed two and one-half percent (2.5%) of the total21 amount of all worker's compensation paid to injured employees or their22 beneficiaries under IC 22-3-2 through IC 22-3-6 for the calendar year23 next preceding the due date of such payment. The board shall assess a24 penalty in the amount of ten percent (10%) of the amount owed if25 payment is not made under this section within thirty (30) days from the26 date set by the board. If the amount to the credit of the second injury27 fund on or before November 1 of any year exceeds one hundred28 thirty-five percent (135%) of the previous year's disbursements, the29 assessment allowed under this subsection shall not be assessed or30 collected during the ensuing year. But when on or before November 131 of any year the amount to the credit of the fund is less than one hundred32 thirty-five percent (135%) of the previous year's disbursements, the33 payments of not more than two and one-half percent (2.5%) of the total34 amount of all worker's compensation paid to injured employees or their35 beneficiaries under IC 22-3-2 through IC 22-3-6 for the calendar year36 next preceding that date shall be resumed and paid into the fund. The37 board may not use an assessment rate greater than twenty-five38 hundredths of one percent (0.25%) above the amount recommended by39 the study performed before the assessment.40 (d) The board shall assess all employers for the liabilities, including41 administrative expenses, of the second injury fund. The assessment42 also must provide for the repayment of all loans made to the second

SB 290—LS 6827/DI 102

7

1 injury fund for the purpose of paying valid claims. The following2 applies to assessments under this subsection:3 (1) The portion of the total amount that must be collected from4 self-insured employers equals:5 (A) the total amount of the assessment as determined by the6 board; multiplied by7 (B) the quotient of:8 (i) the total paid losses on behalf of all self-insured9 employers during the preceding calendar year; divided by

10 (ii) the total paid losses on behalf of all self-insured11 employers and insured employers during the preceding12 calendar year.13 (2) The portion of the total amount that must be collected from14 insured employers equals:15 (A) the total amount of the assessment as determined by the16 board; multiplied by17 (B) the quotient of:18 (i) the total paid losses on behalf of all insured employers19 during the preceding calendar year; divided by20 (ii) the total paid losses on behalf of all self-insured21 employers and insured employers during the preceding22 calendar year.23 (3) The total amount of insured employer assessments under24 subdivision (2) must be collected by the insured employers'25 worker's compensation insurers. The amount of employer26 assessments each insurer shall collect equals:27 (A) the total amount of assessments allocated to insured28 employers under subdivision (2); multiplied by29 (B) the quotient of:30 (i) the worker's compensation premiums paid by employers31 to the carrier during the preceding calendar year; divided by32 (ii) the worker's compensation premiums paid by employers33 to all carriers during the preceding calendar year.34 (4) For purposes of the computation made under subdivision (3),35 "premium" means the direct written premium.36 (5) The amount of the assessment for each self-insured employer37 equals:38 (A) the total amount of assessments allocated to self-insured39 employers under subdivision (1); multiplied by40 (B) the quotient of:41 (i) the paid losses attributable to the self-insured employer42 during the preceding calendar year; divided by

SB 290—LS 6827/DI 102

8

1 (ii) paid losses attributable to all self-insured employers2 during the preceding calendar year.3 An employer that has ceased to be a self-insurer continues to be liable4 for prorated assessments based on paid losses made by the employer in5 the preceding calendar year during the period that the employer was6 self-insured.7 (e) The board may employ a qualified employee or enter into a8 contract with an actuary or another qualified firm that has experience9 in calculating worker's compensation liabilities. Not later than

10 December 1 of each year, the actuary or other qualified firm shall11 calculate the recommended funding level of the fund and inform the12 board of the results of the calculation. If the amount to the credit of the13 fund is less than the amount required under subsection (c), the board14 may conduct an assessment under subsection (c). The board shall pay15 the costs of the contract under this subsection with money in the fund.16 (f) An assessment collected under subsection (c) on an employer17 who is not self-insured must be assessed through a surcharge based on18 the employer's premium. An assessment collected under subsection (c)19 does not constitute an element of loss, but for the purpose of collection20 shall be treated as a separate cost imposed upon insured employers. A21 premium surcharge under this subsection must be collected at the same22 time and in the same manner in which the premium for coverage is23 collected, and must be shown as a separate amount on a premium24 statement. A premium surcharge under this subsection must be25 excluded from the definition of premium for all purposes, including the26 computation of insurance producer commissions or premium taxes.27 However, an insurer may cancel a worker's compensation policy for28 nonpayment of the premium surcharge. A cancellation under this29 subsection must be carried out under the statutes applicable to the30 nonpayment of premiums.31 (g) The sums shall be paid by the board to the treasurer of state, to32 be deposited in a special account known as the second injury fund. The33 funds are not a part of the general fund of the state. Any balance34 remaining in the account at the end of any fiscal year shall not revert35 to the general fund. The funds shall be used only for the payment of36 fund liabilities described in subsection (d) and awards of compensation37 ordered by the board and chargeable against the fund pursuant to this38 section, and shall be paid for that purpose by the treasurer of state upon39 award or order of the board.40 (h) If an employee who is entitled to compensation under IC 22-3-241 through IC 22-3-6 either:42 (1) exhausts the maximum benefits under section 22 of this

SB 290—LS 6827/DI 102

9

1 chapter without having received the full amount of award granted2 to the employee under section 10 of this chapter; or3 (2) exhausts the employee's benefits under section 10 of this4 chapter;5 then such employee may apply to the board, who may award the6 employee compensation from the second injury fund established by this7 section, as follows under subsection (i).8 (i) An employee who has exhausted the employee's maximum9 benefits under section 10 of this chapter may be awarded additional

10 compensation equal to sixty-six and two-thirds percent (66 2/3%) of the11 employee's average weekly wage at the time of the employee's injury,12 not to exceed the maximum then applicable under section 22 of this13 chapter, for a period of not to exceed one hundred fifty (150) weeks14 three (3) years upon competent evidence sufficient to establish:15 (1) that the employee is totally and permanently disabled from16 causes and conditions of which there are or have been objective17 conditions and symptoms proven that are not within the physical18 or mental control of the employee; and19 (2) that the employee is unable to support the employee in any20 gainful employment, not associated with rehabilitative or21 vocational therapy.22 (j) The additional award may be renewed during the employee's total23 and permanent disability after appropriate hearings by the board for24 successive periods not to exceed one hundred fifty (150) weeks three25 (3) years each. The provisions of this section apply only to injuries26 occurring subsequent to April 1, 1950, for which awards have been or27 are in the future made by the board under section 10 of this chapter.28 Section 16 of this chapter does not apply to compensation awarded29 from the second injury fund under this section.30 (k) All insurance carriers subject to an assessment under this section31 are required to provide to the board:32 (1) not later than January 31 each calendar year; and33 (2) not later than thirty (30) days after a change occurs;34 the name, address, and electronic mail address of a representative35 authorized to receive the notice of an assessment.36 SECTION 6. IC 22-3-3-24 IS AMENDED TO READ AS37 FOLLOWS [EFFECTIVE JULY 1, 2018]: Sec. 24. (a) An award of38 compensation ordered by a single hearing member of the worker's39 compensation board must be paid not later than thirty (30) days40 after the date of the award, or as the award provides, if the award41 is not appealed to the full board. An employer that fails to comply42 with this subsection is subject to a civil penalty under IC 22-3-4-15.

SB 290—LS 6827/DI 102

10

1 (b) When so provided in the compensation agreement or in the2 award of the worker's compensation board, compensation may be paid3 semimonthly, or monthly, instead of weekly.4 SECTION 7. IC 22-3-4-13, AS AMENDED BY P.L.168-2011,5 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE6 JULY 1, 2018]: Sec. 13. (a) Every employer shall keep a record of all7 injuries, fatal or otherwise, received by or claimed to have been8 received by the employer's employees in the course of their9 employment and shall provide a copy of the record to the board upon

10 request. Within seven (7) days after the first day of a disability that11 arises from a workplace injury and the employer's knowledge of the12 disability, as provided in injury, either actual, alleged, or reported13 under IC 22-3-3-1, and that causes an employee's death or absence14 from work for more than one (1) day, the need for medical care15 beyond first aid, a report thereof concerning the injury shall be made16 in writing and mailed, or submitted electronically, to the employer's17 insurance carrier or, if the employer is self insured, delivered to the18 worker's compensation board in the manner provided in subsections (b)19 and (c). The reporting requirements under this subsection are20 intended to be consistent with the recording requirements set out21 in the United States Occupational Safety and Health22 Administration (OSHA) regulations found at 29 CFR 1904.7. The23 insurance carrier shall deliver the report to the worker's compensation24 board in the manner provided in subsections (b) and (c) not later than25 seven (7) days after receipt of the report or fourteen (14) days after the26 employer's knowledge of the injury, whichever is later. An employer or27 insurance carrier that fails to comply with this subsection is subject to28 a civil penalty under section 15 of this chapter.29 (b) All insurance carriers, companies who carry risk without30 insurance, and third party administrators reporting accident information31 to the board in compliance with subsection (a) shall report the32 information using electronic data interchange standards prescribed by33 the board.34 (c) The report shall contain the name, nature, and location of the35 business of the employer, the name, age, sex, wages, occupation of the36 injured employee, the date and hour of the accident causing the alleged37 injury, the nature and cause of the injury, and such other information38 as may be required by the board.39 (d) A person who violates any provision of this article, except40 IC 22-3-5-1, IC 22-3-7-34(b), or IC 22-3-7-34(c), commits a Class C41 misdemeanor. A person who violates IC 22-3-5-1, IC 22-3-7-34(b), or42 IC 22-3-7-34(c) commits a Class A misdemeanor. The worker's

SB 290—LS 6827/DI 102

11

1 compensation board in the name of the state may seek relief from any2 court of competent jurisdiction to enjoin any violation of this article.3 (e) The venue of all actions under this section lies in the county in4 which the employee was injured. The prosecuting attorney of the5 county shall prosecute all such violations upon written request of the6 worker's compensation board. Such violations shall be prosecuted in7 the name of the state.8 (f) In an action before the board against an employer who at the time9 of the injury to or occupational disease of an employee had failed to

10 comply with IC 22-3-5-1, IC 22-3-7-34(b), or IC 22-3-7-34(c), the11 board may award to the employee or the dependents of a deceased12 employee:13 (1) compensation not to exceed double the compensation14 provided by this article;15 (2) medical expenses; and16 (3) reasonable attorney fees in addition to the compensation and17 medical expenses.18 (g) In an action under subsection (d), the court may:19 (1) require the employer to obtain coverage and furnish proof of20 insurance as required by IC 22-3-5-1 and IC 22-3-7-34(b) or21 IC 22-3-7-34(c) every six (6) months for a period not to exceed22 three (3) years;23 (2) require satisfactory proof of the employer's financial ability to24 pay any compensation or medical expenses in the amount and25 manner, and when due, as provided for in IC 22-3, for all injuries26 which occurred during any period of noncompliance; and27 (3) require the employer to deposit with the worker's28 compensation board an acceptable security, indemnity, or bond to29 secure the payment of such compensation and medical expense30 liabilities.31 (h) The penalty provision of subsection (d) shall apply only to the32 employer and shall not apply for a failure to exact a certificate of33 insurance under IC 22-3-2-14 or IC 22-3-7-34(i) or IC 22-3-7-34(j).34 (i) In an action under subsection (d), if a compensable worker's35 compensation or occupational disease claim has been filed and the36 employer fails or refuses to pay benefits when due, a court may order37 the employer to temporarily cease doing business in Indiana until the38 employer:39 (1) furnishes proof of insurance as required by IC 22-3-5-1 and40 IC 22-3-7-34(b) or IC 22-3-7-34(c); and41 (2) provides any other assurances required by the board to42 establish that the employer has the ability to meet all worker's

SB 290—LS 6827/DI 102

12

1 compensation liabilities incurred during the employer's period of2 noncompliance.3 (j) An appeal of the court's decision under subsection (i) to enjoin4 the employer from doing business in Indiana automatically stays the5 court's order.6 SECTION 8. IC 22-3-4-15, AS ADDED BY P.L.168-2011,7 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE8 JULY 1, 2018]: Sec. 15. (a) In addition to any other remedy available9 to the board under this article or at law, the board may, after notice and

10 a hearing, assess a civil penalty under this section for any of the11 following:12 (1) Failure to timely pay compensation under an approved13 settlement agreement as required by IC 22-3-2-15(d).14 (1) (2) Failure to post a notice required by IC 22-3-2-22.15 (2) (3) Failure to comply with IC 22-3-3-7 or IC 22-3-7-16.16 (4) Failure to timely pay compensation for permanent partial17 impairment as required by IC 22-3-3-10.5(c).18 (5) Failure to timely pay a compensation award as required19 by IC 22-3-3-24(a).20 (3) (6) Failure to file an injury record with the board as required21 by section 13 of this chapter or to file a report of a disablement by22 occupational disease as required by IC 22-3-7-37.23 (b) For the first violation of an offense listed in subsection (a), the24 board may assess a civil penalty not to exceed fifty dollars ($50).25 (c) For the second unrelated violation of the same offense listed in26 subsection (a), the board may assess a civil penalty not to exceed one27 hundred fifty dollars ($150).28 (d) For the third or subsequent unrelated violation of the same29 offense listed in subsection (a), the board may assess a civil penalty not30 to exceed three hundred dollars ($300).31 (e) Civil penalties collected under this section shall be deposited in32 the worker's compensation supplemental administrative fund33 established by IC 22-3-5-6.34 SECTION 9. IC 22-3-5-2.5, AS ADDED BY P.L.168-2011,35 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE36 JULY 1, 2018]: Sec. 2.5. (a) The worker's compensation board is37 entitled to request that an employer provide the board with current38 proof of compliance with section 2 of this chapter.39 (b) If an employer fails or refuses to provide current proof of40 compliance by the tenth day after the employer receives the board's41 request under subsection (a), the board:42 (1) shall send the employer a written notice that the employer is

SB 290—LS 6827/DI 102

13

1 in violation of section 2 of this chapter; and2 (2) may assess a civil penalty against the employer of fifty one3 hundred dollars ($50) per employee ($100) per day beginning on4 the date of the request under subsection (a) and ending on the5 date compliance occurs.6 (c) An employer may challenge the board's assessment of a civil7 penalty under subsection (b)(2) by requesting a hearing in accordance8 with procedures established by the board.9 (d) The board shall waive a civil penalty assessed under subsection

10 (b)(2) if the employer provides the board current proof of compliance11 by the twentieth day after the date the employer receives the board's12 notice under subsection (b)(1).13 (e) If an employer fails or refuses to:14 (1) provide current proof of compliance by the twentieth day after15 the date the employer receives the board's notice under subsection16 (b)(1); or17 (2) pay a civil penalty assessed under subsection (b)(2);18 the board may, after notice to the employer and a hearing, order that the19 noncompliant employer's name be listed on the board's Internet web20 site.21 (f) A noncompliant employer's name may be removed from the22 board's Internet web site only after the employer does the following:23 (1) Provides current proof of compliance with section 2 of this24 chapter.25 (2) Pays all civil penalties assessed under subsection (b)(2).26 (g) The civil penalties provided for in this section are cumulative.27 (h) Civil penalties collected under this section shall be deposited in28 the worker's compensation supplemental administrative fund29 established by section 6 of this chapter.30 SECTION 10. IC 22-3-6-1, AS AMENDED BY P.L.225-2015,31 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE32 JULY 1, 2018]: Sec. 1. In IC 22-3-2 through IC 22-3-6, unless the33 context otherwise requires:34 (a) "Employer" includes the state and any political subdivision, any35 municipal corporation within the state, any individual or the legal36 representative of a deceased individual, firm, association, limited37 liability company, limited liability partnership, or corporation or the38 receiver or trustee of the same, using the services of another for pay. A39 corporation, limited liability company, or limited liability40 partnership that controls the activities of another corporation,41 limited liability company, or limited liability partnership, or a42 corporation and a limited liability company or a corporation and

SB 290—LS 6827/DI 102

14

1 a limited liability partnership that are commonly owned entities,2 or the controlled corporation, limited liability company, limited3 liability partnership, or commonly owned entities, and a parent4 corporation and its subsidiaries shall each be considered joint5 employers of the corporation's, the controlled corporation's, the6 limited liability company's, the limited liability partnership's, the7 commonly owned entities', the parent's, or the subsidiaries' employees8 for purposes of IC 22-3-2-6 and IC 22-3-3-31. Both a lessor and a9 lessee of employees shall each be considered joint employers of the

10 employees provided by the lessor to the lessee for purposes of11 IC 22-3-2-6 and IC 22-3-3-31. If the employer is insured, the term12 includes the employer's insurer so far as applicable. However, the13 inclusion of an employer's insurer within this definition does not allow14 an employer's insurer to avoid payment for services rendered to an15 employee with the approval of the employer. The term also includes an16 employer that provides on-the-job training under the federal School to17 Work Opportunities Act (20 U.S.C. 6101 et seq.) to the extent set forth18 in IC 22-3-2-2.5. The term does not include a nonprofit corporation that19 is recognized as tax exempt under Section 501(c)(3) of the Internal20 Revenue Code (as defined in IC 6-3-1-11(a)) to the extent the21 corporation enters into an independent contractor agreement with a22 person for the performance of youth coaching services on a part-time23 basis.24 (b) "Employee" means every person, including a minor, in the25 service of another, under any contract of hire or apprenticeship, written26 or implied, except one whose employment is both casual and not in the27 usual course of the trade, business, occupation, or profession of the28 employer.29 (1) An executive officer elected or appointed and empowered in30 accordance with the charter and bylaws of a corporation, other31 than a municipal corporation or governmental subdivision or a32 charitable, religious, educational, or other nonprofit corporation,33 is an employee of the corporation under IC 22-3-2 through34 IC 22-3-6. An officer of a corporation who is an employee of the35 corporation under IC 22-3-2 through IC 22-3-6 may elect not to36 be an employee of the corporation under IC 22-3-2 through37 IC 22-3-6. An officer of a corporation who is also an owner of any38 interest in the corporation may elect not to be an employee of the39 corporation under IC 22-3-2 through IC 22-3-6. If an officer40 makes this election, the officer must serve written notice of the41 election on the corporation's insurance carrier and the board. An42 officer of a corporation may not be considered to be excluded as

SB 290—LS 6827/DI 102

15

1 an employee under IC 22-3-2 through IC 22-3-6 until the notice2 is received by the insurance carrier and the board.3 (2) An executive officer of a municipal corporation or other4 governmental subdivision or of a charitable, religious,5 educational, or other nonprofit corporation may, notwithstanding6 any other provision of IC 22-3-2 through IC 22-3-6, be brought7 within the coverage of its insurance contract by the corporation by8 specifically including the executive officer in the contract of9 insurance. The election to bring the executive officer within the

10 coverage shall continue for the period the contract of insurance is11 in effect, and during this period, the executive officers thus12 brought within the coverage of the insurance contract are13 employees of the corporation under IC 22-3-2 through IC 22-3-6.14 (3) Any reference to an employee who has been injured, when the15 employee is dead, also includes the employee's legal16 representatives, dependents, and other persons to whom17 compensation may be payable.18 (4) An owner of a sole proprietorship may elect to include the19 owner as an employee under IC 22-3-2 through IC 22-3-6 if the20 owner is actually engaged in the proprietorship business. If the21 owner makes this election, the owner must serve upon the owner's22 insurance carrier and upon the board written notice of the23 election. No owner of a sole proprietorship may be considered an24 employee under IC 22-3-2 through IC 22-3-6 until the notice has25 been received. If the owner of a sole proprietorship:26 (A) is an independent contractor in the construction trades and27 does not make the election provided under this subdivision,28 the owner must obtain a certificate of exemption under29 IC 22-3-2-14.5; or30 (B) is an independent contractor and does not make the31 election provided under this subdivision, the owner may obtain32 a certificate of exemption under IC 22-3-2-14.5.33 (5) A partner in a partnership may elect to include the partner as34 an employee under IC 22-3-2 through IC 22-3-6 if the partner is35 actually engaged in the partnership business. If a partner makes36 this election, the partner must serve upon the partner's insurance37 carrier and upon the board written notice of the election. No38 partner may be considered an employee under IC 22-3-2 through39 IC 22-3-6 until the notice has been received. If a partner in a40 partnership:41 (A) is an independent contractor in the construction trades and42 does not make the election provided under this subdivision,

SB 290—LS 6827/DI 102

16

1 the partner must obtain a certificate of exemption under2 IC 22-3-2-14.5; or3 (B) is an independent contractor and does not make the4 election provided under this subdivision, the partner may5 obtain a certificate of exemption under IC 22-3-2-14.5.6 (6) Real estate professionals are not employees under IC 22-3-27 through IC 22-3-6 if:8 (A) they are licensed real estate agents;9 (B) substantially all their remuneration is directly related to

10 sales volume and not the number of hours worked; and11 (C) they have written agreements with real estate brokers12 stating that they are not to be treated as employees for tax13 purposes.14 (7) A person is an independent contractor and not an employee15 under IC 22-3-2 through IC 22-3-6 if the person is an independent16 contractor under the guidelines of the United States Internal17 Revenue Service.18 (8) An owner-operator that provides a motor vehicle and the19 services of a driver under a written contract that is subject to20 IC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 376 to a motor carrier21 is not an employee of the motor carrier for purposes of IC 22-3-222 through IC 22-3-6. The owner-operator may elect to be covered23 and have the owner-operator's drivers covered under a worker's24 compensation insurance policy or authorized self-insurance that25 insures the motor carrier if the owner-operator pays the premiums26 as requested by the motor carrier. An election by an27 owner-operator under this subdivision does not terminate the28 independent contractor status of the owner-operator for any29 purpose other than the purpose of this subdivision.30 (9) A member or manager in a limited liability company may elect31 to include the member or manager as an employee under32 IC 22-3-2 through IC 22-3-6 if the member or manager is actually33 engaged in the limited liability company business. If a member or34 manager makes this election, the member or manager must serve35 upon the member's or manager's insurance carrier and upon the36 board written notice of the election. A member or manager may37 not be considered an employee under IC 22-3-2 through IC 22-3-638 until the notice has been received.39 (10) An unpaid participant under the federal School to Work40 Opportunities Act (20 U.S.C. 6101 et seq.) is an employee to the41 extent set forth in IC 22-3-2-2.5.42 (11) A person who enters into an independent contractor

SB 290—LS 6827/DI 102

17

1 agreement with a nonprofit corporation that is recognized as tax2 exempt under Section 501(c)(3) of the Internal Revenue Code (as3 defined in IC 6-3-1-11(a)) to perform youth coaching services on4 a part-time basis is not an employee for purposes of IC 22-3-25 through IC 22-3-6.6 (12) An individual who is not an employee of the state or a7 political subdivision is considered to be a temporary employee of8 the state for purposes of IC 22-3-2 through IC 22-3-6 while9 serving as a member of a mobile support unit on duty for training,

10 an exercise, or a response, as set forth in IC 10-14-3-19(c)(2)(B).11 (c) "Minor" means an individual who has not reached seventeen12 (17) years of age.13 (1) Unless otherwise provided in this subsection, a minor14 employee shall be considered as being of full age for all purposes15 of IC 22-3-2 through IC 22-3-6.16 (2) If the employee is a minor who, at the time of the accident, is17 employed, required, suffered, or permitted to work in violation of18 IC 20-33-3-35, the amount of compensation and death benefits,19 as provided in IC 22-3-2 through IC 22-3-6, shall be double the20 amount which would otherwise be recoverable. The insurance21 carrier shall be liable on its policy for one-half (1/2) of the22 compensation or benefits that may be payable on account of the23 injury or death of the minor, and the employer shall be liable for24 the other one-half (1/2) of the compensation or benefits. If the25 employee is a minor who is not less than sixteen (16) years of age26 and who has not reached seventeen (17) years of age and who at27 the time of the accident is employed, suffered, or permitted to28 work at any occupation which is not prohibited by law, this29 subdivision does not apply.30 (3) A minor employee who, at the time of the accident, is a31 student performing services for an employer as part of an32 approved program under IC 20-37-2-7 shall be considered a33 full-time employee for the purpose of computing compensation34 for permanent impairment under IC 22-3-3-10. The average35 weekly wages for such a student shall be calculated as provided36 in subsection (d)(4).37 (4) The rights and remedies granted in this subsection to a minor38 under IC 22-3-2 through IC 22-3-6 on account of personal injury39 or death by accident shall exclude all rights and remedies of the40 minor, the minor's parents, or the minor's personal41 representatives, dependents, or next of kin at common law,42 statutory or otherwise, on account of the injury or death. This

SB 290—LS 6827/DI 102

18

1 subsection does not apply to minors who have reached seventeen2 (17) years of age.3 (d) "Average weekly wages" means the earnings of the injured4 employee in the employment in which the employee was working at the5 time of the injury during the period of fifty-two (52) weeks6 immediately preceding the date of injury, divided by fifty-two (52),7 except as follows:8 (1) If the injured employee lost seven (7) or more calendar days9 during this period, although not in the same week, then the

10 earnings for the remainder of the fifty-two (52) weeks shall be11 divided by the number of weeks and parts thereof remaining after12 the time lost has been deducted.13 (2) Where the employment prior to the injury extended over a14 period of less than fifty-two (52) weeks, the method of dividing15 the earnings during that period by the number of weeks and parts16 thereof during which the employee earned wages shall be17 followed, if results just and fair to both parties will be obtained.18 Where by reason of the shortness of the time during which the19 employee has been in the employment of the employee's employer20 or of the casual nature or terms of the employment it is21 impracticable to compute the average weekly wages, as defined22 in this subsection, regard shall be had to the average weekly23 amount which during the fifty-two (52) weeks previous to the24 injury was being earned by a person in the same grade employed25 at the same work by the same employer or, if there is no person so26 employed, by a person in the same grade employed in the same27 class of employment in the same district.28 (3) Wherever allowances of any character made to an employee29 in lieu of wages are a specified part of the wage contract, they30 shall be deemed a part of the employee's earnings.31 (4) In computing the average weekly wages to be used in32 calculating an award for permanent impairment under33 IC 22-3-3-10 for a student employee in an approved training34 program under IC 20-37-2-7, the following formula shall be used.35 Calculate the product of:36 (A) the student employee's hourly wage rate; multiplied by37 (B) forty (40) hours.38 The result obtained is the amount of the average weekly wages for39 the student employee.40 (e) "Injury" and "personal injury" mean only injury by accident41 arising out of and in the course of the employment and do not include42 a disease in any form except as it results from the injury.

SB 290—LS 6827/DI 102

19

1 (f) "Billing review service" refers to a person or an entity that2 reviews a medical service provider's bills or statements for the purpose3 of determining pecuniary liability. The term includes an employer's4 worker's compensation insurance carrier if the insurance carrier5 performs such a review.6 (g) "Billing review standard" means the data used by a billing7 review service to determine pecuniary liability.8 (h) "Community" means a geographic service area based on ZIP9 code districts defined by the United States Postal Service according to

10 the following groupings:11 (1) The geographic service area served by ZIP codes with the first12 three (3) digits 463 and 464.13 (2) The geographic service area served by ZIP codes with the first14 three (3) digits 465 and 466.15 (3) The geographic service area served by ZIP codes with the first16 three (3) digits 467 and 468.17 (4) The geographic service area served by ZIP codes with the first18 three (3) digits 469 and 479.19 (5) The geographic service area served by ZIP codes with the first20 three (3) digits 460, 461 (except 46107), and 473.21 (6) The geographic service area served by the 46107 ZIP code and22 ZIP codes with the first three (3) digits 462.23 (7) The geographic service area served by ZIP codes with the first24 three (3) digits 470, 471, 472, 474, and 478.25 (8) The geographic service area served by ZIP codes with the first26 three (3) digits 475, 476, and 477.27 (i) "Medical service provider" refers to a person or an entity that28 provides services or products to an employee under IC 22-3-2 through29 IC 22-3-6. Except as otherwise provided in IC 22-3-2 through30 IC 22-3-6, the term includes a medical service facility.31 (j) "Medical service facility" means any of the following that32 provides a service or product under IC 22-3-2 through IC 22-3-6 and33 uses the CMS 1450 (UB-04) form for Medicare reimbursement:34 (1) A hospital (as defined in IC 16-18-2-179).35 (2) A hospital based health facility (as defined in36 IC 16-18-2-180).37 (3) A medical center (as defined in IC 16-18-2-223.4).38 The term does not include a professional corporation (as defined in39 IC 23-1.5-1-10) comprised of health care professionals (as defined in40 IC 23-1.5-1-8) formed to render professional services as set forth in41 IC 23-1.5-2-3(a)(4) or a health care professional (as defined in42 IC 23-1.5-1-8) who bills for a service or product provided under

SB 290—LS 6827/DI 102

20

1 IC 22-3-2 through IC 22-3-6 as an individual or a member of a group2 practice or another medical service provider that uses the CMS 15003 form for Medicare reimbursement.4 (k) "Pecuniary liability" means the responsibility of an employer or5 the employer's insurance carrier for the payment of the charges for each6 specific service or product for human medical treatment provided7 under IC 22-3-2 through IC 22-3-6, as follows:8 (1) This subdivision applies before July 1, 2014, to all medical9 service providers, and after June 30, 2014, to a medical service

10 provider that is not a medical service facility. Payment of the11 charges in a defined community, equal to or less than the charges12 made by medical service providers at the eightieth percentile in13 the same community for like services or products.14 (2) Payment of the charges in a reasonable amount, which is15 established by payment of one (1) of the following:16 (A) The amount negotiated at any time between the medical17 service facility and any of the following, if an amount has been18 negotiated:19 (i) The employer.20 (ii) The employer's insurance carrier.21 (iii) A billing review service on behalf of a person described22 in item (i) or (ii).23 (iv) A direct provider network that has contracted with a24 person described in item (i) or (ii).25 (B) Two hundred percent (200%) of the amount that would be26 paid to the medical service facility on the same date for the27 same service or product under the medical service facility's28 Medicare reimbursement rate, if an amount has not been29 negotiated as described in clause (A).30 (l) "Service or product" or "services and products" refers to medical,31 hospital, surgical, or nursing service, treatment, and supplies provided32 under IC 22-3-2 through IC 22-3-6.33 SECTION 11. IC 22-3-7-9, AS AMENDED BY P.L.225-2015,34 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE35 JULY 1, 2018]: Sec. 9. (a) As used in this chapter, "employer" includes36 the state and any political subdivision, any municipal corporation37 within the state, any individual or the legal representative of a deceased38 individual, firm, association, limited liability company, limited39 liability partnership, or corporation or the receiver or trustee of the40 same, using the services of another for pay. A corporation, limited41 liability company, or limited liability partnership that controls the42 activities of another corporation, limited liability company, or

SB 290—LS 6827/DI 102

21

1 limited liability partnership, or a corporation and a limited liability2 company or a corporation and a limited liability partnership that3 are commonly owned entities, or the controlled corporation,4 limited liability company, limited liability partnership, or5 commonly owned entities, and a parent corporation and its6 subsidiaries shall each be considered joint employers of the7 corporation's, the controlled corporation's, the limited liability8 company's, the limited liability partnership's, the commonly owned9 entities', the parent's, or the subsidiaries' employees for purposes of

10 sections 6 and 33 of this chapter. Both a lessor and a lessee of11 employees shall each be considered joint employers of the employees12 provided by the lessor to the lessee for purposes of sections 6 and 3313 of this chapter. The term also includes an employer that provides14 on-the-job training under the federal School to Work Opportunities Act15 (20 U.S.C. 6101 et seq.) to the extent set forth under section 2.5 of this16 chapter. If the employer is insured, the term includes the employer's17 insurer so far as applicable. However, the inclusion of an employer's18 insurer within this definition does not allow an employer's insurer to19 avoid payment for services rendered to an employee with the approval20 of the employer. The term does not include a nonprofit corporation that21 is recognized as tax exempt under Section 501(c)(3) of the Internal22 Revenue Code (as defined in IC 6-3-1-11(a)) to the extent the23 corporation enters into an independent contractor agreement with a24 person for the performance of youth coaching services on a part-time25 basis.26 (b) As used in this chapter, "employee" means every person,27 including a minor, in the service of another, under any contract of hire28 or apprenticeship written or implied, except one whose employment is29 both casual and not in the usual course of the trade, business,30 occupation, or profession of the employer. For purposes of this chapter31 the following apply:32 (1) Any reference to an employee who has suffered disablement,33 when the employee is dead, also includes the employee's legal34 representative, dependents, and other persons to whom35 compensation may be payable.36 (2) An owner of a sole proprietorship may elect to include the37 owner as an employee under this chapter if the owner is actually38 engaged in the proprietorship business. If the owner makes this39 election, the owner must serve upon the owner's insurance carrier40 and upon the board written notice of the election. No owner of a41 sole proprietorship may be considered an employee under this42 chapter unless the notice has been received. If the owner of a sole

SB 290—LS 6827/DI 102

22

1 proprietorship:2 (A) is an independent contractor in the construction trades and3 does not make the election provided under this subdivision,4 the owner must obtain a certificate of exemption under section5 34.5 of this chapter; or6 (B) is an independent contractor and does not make the7 election provided under this subdivision, the owner may obtain8 a certificate of exemption under section 34.5 of this chapter.9 (3) A partner in a partnership may elect to include the partner as

10 an employee under this chapter if the partner is actually engaged11 in the partnership business. If a partner makes this election, the12 partner must serve upon the partner's insurance carrier and upon13 the board written notice of the election. No partner may be14 considered an employee under this chapter until the notice has15 been received. If a partner in a partnership:16 (A) is an independent contractor in the construction trades and17 does not make the election provided under this subdivision,18 the partner must obtain a certificate of exemption under19 section 34.5 of this chapter; or20 (B) is an independent contractor and does not make the21 election provided under this subdivision, the partner may22 obtain a certificate of exemption under section 34.5 of this23 chapter.24 (4) Real estate professionals are not employees under this chapter25 if:26 (A) they are licensed real estate agents;27 (B) substantially all their remuneration is directly related to28 sales volume and not the number of hours worked; and29 (C) they have written agreements with real estate brokers30 stating that they are not to be treated as employees for tax31 purposes.32 (5) A person is an independent contractor in the construction33 trades and not an employee under this chapter if the person is an34 independent contractor under the guidelines of the United States35 Internal Revenue Service.36 (6) An owner-operator that provides a motor vehicle and the37 services of a driver under a written contract that is subject to38 IC 8-2.1-24-23, 45 IAC 16-1-13, or 49 CFR 376, to a motor39 carrier is not an employee of the motor carrier for purposes of this40 chapter. The owner-operator may elect to be covered and have the41 owner-operator's drivers covered under a worker's compensation42 insurance policy or authorized self-insurance that insures the

SB 290—LS 6827/DI 102

23

1 motor carrier if the owner-operator pays the premiums as2 requested by the motor carrier. An election by an owner-operator3 under this subdivision does not terminate the independent4 contractor status of the owner-operator for any purpose other than5 the purpose of this subdivision.6 (7) An unpaid participant under the federal School to Work7 Opportunities Act (20 U.S.C. 6101 et seq.) is an employee to the8 extent set forth under section 2.5 of this chapter.9 (8) A person who enters into an independent contractor agreement

10 with a nonprofit corporation that is recognized as tax exempt11 under Section 501(c)(3) of the Internal Revenue Code (as defined12 in IC 6-3-1-11(a)) to perform youth coaching services on a13 part-time basis is not an employee for purposes of this chapter.14 (9) An officer of a corporation who is an employee of the15 corporation under this chapter may elect not to be an employee of16 the corporation under this chapter. An officer of a corporation17 who is also an owner of any interest in the corporation may elect18 not to be an employee of the corporation under this chapter. If an19 officer makes this election, the officer must serve written notice20 of the election on the corporation's insurance carrier and the21 board. An officer of a corporation may not be considered to be22 excluded as an employee under this chapter until the notice is23 received by the insurance carrier and the board.24 (10) An individual who is not an employee of the state or a25 political subdivision is considered to be a temporary employee of26 the state for purposes of this chapter while serving as a member27 of a mobile support unit on duty for training, an exercise, or a28 response, as set forth in IC 10-14-3-19(c)(2)(B).29 (c) As used in this chapter, "minor" means an individual who has30 not reached seventeen (17) years of age. A minor employee shall be31 considered as being of full age for all purposes of this chapter.32 However, if the employee is a minor who, at the time of the last33 exposure, is employed, required, suffered, or permitted to work in34 violation of the child labor laws of this state, the amount of35 compensation and death benefits, as provided in this chapter, shall be36 double the amount which would otherwise be recoverable. The37 insurance carrier shall be liable on its policy for one-half (1/2) of the38 compensation or benefits that may be payable on account of the39 disability or death of the minor, and the employer shall be wholly liable40 for the other one-half (1/2) of the compensation or benefits. If the41 employee is a minor who is not less than sixteen (16) years of age and42 who has not reached seventeen (17) years of age, and who at the time

SB 290—LS 6827/DI 102

24

1 of the last exposure is employed, suffered, or permitted to work at any2 occupation which is not prohibited by law, the provisions of this3 subsection prescribing double the amount otherwise recoverable do not4 apply. The rights and remedies granted to a minor under this chapter on5 account of disease shall exclude all rights and remedies of the minor,6 the minor's parents, the minor's personal representatives, dependents,7 or next of kin at common law, statutory or otherwise, on account of any8 disease.9 (d) This chapter does not apply to casual laborers as defined in

10 subsection (b), nor to farm or agricultural employees, nor to household11 employees, nor to railroad employees engaged in train service as12 engineers, firemen, conductors, brakemen, flagmen, baggagemen, or13 foremen in charge of yard engines and helpers assigned thereto, nor to14 their employers with respect to these employees. Also, this chapter15 does not apply to employees or their employers with respect to16 employments in which the laws of the United States provide for17 compensation or liability for injury to the health, disability, or death by18 reason of diseases suffered by these employees.19 (e) As used in this chapter, "disablement" means the event of20 becoming disabled from earning full wages at the work in which the21 employee was engaged when last exposed to the hazards of the22 occupational disease by the employer from whom the employee claims23 compensation or equal wages in other suitable employment, and24 "disability" means the state of being so incapacitated.25 (f) For the purposes of this chapter, no compensation shall be26 payable for or on account of any occupational diseases unless27 disablement, as defined in subsection (e), occurs within two (2) years28 after the last day of the last exposure to the hazards of the disease29 except for the following:30 (1) In all cases of occupational diseases caused by the inhalation31 of silica dust or coal dust, no compensation shall be payable32 unless disablement, as defined in subsection (e), occurs within33 three (3) years after the last day of the last exposure to the hazards34 of the disease.35 (2) In all cases of occupational disease caused by the exposure to36 radiation, no compensation shall be payable unless disablement,37 as defined in subsection (e), occurs within two (2) years from the38 date on which the employee had knowledge of the nature of the39 employee's occupational disease or, by exercise of reasonable40 diligence, should have known of the existence of such disease and41 its causal relationship to the employee's employment.42 (3) In all cases of occupational diseases caused by the inhalation

SB 290—LS 6827/DI 102

25

1 of asbestos dust, no compensation shall be payable unless2 disablement, as defined in subsection (e), occurs within three (3)3 years after the last day of the last exposure to the hazards of the4 disease if the last day of the last exposure was before July 1, 1985.5 (4) In all cases of occupational disease caused by the inhalation6 of asbestos dust in which the last date of the last exposure occurs7 on or after July 1, 1985, and before July 1, 1988, no compensation8 shall be payable unless disablement, as defined in subsection (e),9 occurs within twenty (20) years after the last day of the last

10 exposure.11 (5) In all cases of occupational disease caused by the inhalation12 of asbestos dust in which the last date of the last exposure occurs13 on or after July 1, 1988, no compensation shall be payable unless14 disablement (as defined in subsection (e)) occurs within15 thirty-five (35) years after the last day of the last exposure.16 (g) For the purposes of this chapter, no compensation shall be17 payable for or on account of death resulting from any occupational18 disease unless death occurs within two (2) years after the date of19 disablement. However, this subsection does not bar compensation for20 death:21 (1) where death occurs during the pendency of a claim filed by an22 employee within two (2) years after the date of disablement and23 which claim has not resulted in a decision or has resulted in a24 decision which is in process of review or appeal; or25 (2) where, by agreement filed or decision rendered, a26 compensable period of disability has been fixed and death occurs27 within two (2) years after the end of such fixed period, but in no28 event later than three hundred (300) weeks after the date of29 disablement.30 (h) As used in this chapter, "billing review service" refers to a31 person or an entity that reviews a medical service provider's bills or32 statements for the purpose of determining pecuniary liability. The term33 includes an employer's worker's compensation insurance carrier if the34 insurance carrier performs such a review.35 (i) As used in this chapter, "billing review standard" means the data36 used by a billing review service to determine pecuniary liability.37 (j) As used in this chapter, "community" means a geographic service38 area based on ZIP code districts defined by the United States Postal39 Service according to the following groupings:40 (1) The geographic service area served by ZIP codes with the first41 three (3) digits 463 and 464.42 (2) The geographic service area served by ZIP codes with the first

SB 290—LS 6827/DI 102

26

1 three (3) digits 465 and 466.2 (3) The geographic service area served by ZIP codes with the first3 three (3) digits 467 and 468.4 (4) The geographic service area served by ZIP codes with the first5 three (3) digits 469 and 479.6 (5) The geographic service area served by ZIP codes with the first7 three (3) digits 460, 461 (except 46107), and 473.8 (6) The geographic service area served by the 46107 ZIP code and9 ZIP codes with the first three (3) digits 462.

10 (7) The geographic service area served by ZIP codes with the first11 three (3) digits 470, 471, 472, 474, and 478.12 (8) The geographic service area served by ZIP codes with the first13 three (3) digits 475, 476, and 477.14 (k) As used in this chapter, "medical service provider" refers to a15 person or an entity that provides services or products to an employee16 under this chapter. Except as otherwise provided in this chapter, the17 term includes a medical service facility.18 (l) As used in this chapter, "medical service facility" means any of19 the following that provides a service or product under this chapter and20 uses the CMS 1450 (UB-04) form for Medicare reimbursement:21 (1) A hospital (as defined in IC 16-18-2-179).22 (2) A hospital based health facility (as defined in23 IC 16-18-2-180).24 (3) A medical center (as defined in IC 16-18-2-223.4).25 The term does not include a professional corporation (as defined in26 IC 23-1.5-1-10) comprised of health care professionals (as defined in27 IC 23-1.5-1-8) formed to render professional services as set forth in28 IC 23-1.5-2-3(a)(4) or a health care professional (as defined in29 IC 23-1.5-1-8) who bills for a service or product provided under this30 chapter as an individual or a member of a group practice or another31 medical service provider that uses the CMS 1500 form for Medicare32 reimbursement.33 (m) As used in this chapter, "pecuniary liability" means the34 responsibility of an employer or the employer's insurance carrier for the35 payment of the charges for each specific service or product for human36 medical treatment provided under this chapter as follows:37 (1) This subdivision applies before July 1, 2014, to all medical38 service providers, and after June 30, 2014, to a medical service39 provider that is not a medical service facility. Payment of the40 charges in a defined community, equal to or less than the charges41 made by medical service providers at the eightieth percentile in42 the same community for like services or products.

SB 290—LS 6827/DI 102

27

1 (2) Payment of the charges in a reasonable amount, which is2 established by payment of one (1) of the following:3 (A) The amount negotiated at any time between the medical4 service facility and any of the following, if an amount has been5 negotiated:6 (i) The employer.7 (ii) The employer's insurance carrier.8 (iii) A billing review service on behalf of a person described9 in item (i) or (ii).

10 (iv) A direct provider network that has contracted with a11 person described in item (i) or (ii).12 (B) Two hundred percent (200%) of the amount that would be13 paid to the medical service facility on the same date for the14 same service or product under the medical service facility's15 Medicare reimbursement rate, if an amount has not been16 negotiated as described in clause (A).17 (n) "Service or product" or "services and products" refers to18 medical, hospital, surgical, or nursing service, treatment, and supplies19 provided under this chapter.20 SECTION 12. IC 22-3-7-16, AS AMENDED BY P.L.275-2013,21 SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE22 JULY 1, 2018]: Sec. 16. (a) Compensation shall be allowed on account23 of disablement from occupational disease resulting in only temporary24 total disability to work or temporary partial disability to work25 beginning with the eighth day of such disability except for the medical26 benefits provided for in section 17 of this chapter. Compensation shall27 be allowed for the first seven (7) calendar days only as provided in this28 section. The first weekly installment of compensation for temporary29 disability is due fourteen (14) days after the disability begins. Not later30 than fifteen (15) days from the date that the first installment of31 compensation is due, the employer or the employer's insurance carrier32 shall file with the worker's compensation board electronically and33 tender to the employee or to the employee's dependents, with all34 compensation due, a properly prepared compensation agreement in a35 form prescribed by the board. Whenever an employer or the employer's36 insurance carrier denies or is not able to determine liability to pay37 compensation or benefits, the employer or the employer's insurance38 carrier shall notify the worker's compensation board and the employee39 in writing on a form prescribed by the worker's compensation board not40 later than thirty (30) days after the employer's knowledge of the41 claimed disablement. If a determination of liability cannot be made42 within thirty (30) days, the worker's compensation board may approve

SB 290—LS 6827/DI 102

28

1 an additional thirty (30) days upon a written request of the employer or2 the employer's insurance carrier that sets forth the reasons that the3 determination could not be made within thirty (30) days and states the4 facts or circumstances that are necessary to determine liability within5 the additional thirty (30) days. More than thirty (30) days of additional6 time may be approved by the worker's compensation board upon the7 filing of a petition by the employer or the employer's insurance carrier8 that sets forth:9 (1) the extraordinary circumstances that have precluded a

10 determination of liability within the initial sixty (60) days;11 (2) the status of the investigation on the date the petition is filed;12 (3) the facts or circumstances that are necessary to make a13 determination; and14 (4) a timetable for the completion of the remaining investigation.15 An employer who fails to comply with this section is subject to a civil16 penalty under IC 22-3-4-15.17 (b) Once begun, temporary total disability benefits may not be18 terminated by the employer unless:19 (1) the employee has returned to work;20 (2) the employee has died;21 (3) the employee has refused to undergo a medical examination22 under section 20 of this chapter;23 (4) the employee has received five hundred (500) weeks of24 temporary total disability benefits or has been paid the maximum25 compensation allowable under section 19 of this chapter; or26 (5) the employee is unable or unavailable to work for reasons27 unrelated to the compensable disease.28 In all other cases the employer must notify the employee in writing of29 the employer's intent to terminate the payment of temporary total30 disability benefits, and of the availability of employment, if any, on a31 form approved by the board. If the employee disagrees with the32 proposed termination, the employee must give written notice of33 disagreement to the board and the employer within seven (7) days after34 receipt of the notice of intent to terminate benefits. If the board and35 employer do not receive a notice of disagreement under this section,36 the employee's temporary total disability benefits shall be terminated.37 Upon receipt of the notice of disagreement, the board shall immediately38 contact the parties, which may be by telephone or other means and39 attempt to resolve the disagreement. If the board is unable to resolve40 the disagreement within ten (10) days of receipt of the notice of41 disagreement, the board shall immediately arrange for an evaluation of42 the employee by an independent medical examiner. The independent

SB 290—LS 6827/DI 102

29

1 medical examiner shall be selected by mutual agreement of the parties2 or, if the parties are unable to agree, appointed by the board under3 IC 22-3-4-11. If the independent medical examiner determines that the4 employee is no longer temporarily disabled or is still temporarily5 disabled but can return to employment that the employer has made6 available to the employee, or if the employee fails or refuses to appear7 for examination by the independent medical examiner, temporary total8 disability benefits may be terminated. If either party disagrees with the9 opinion of the independent medical examiner, the party shall apply to

10 the board for a hearing under section 27 of this chapter.11 (c) An employer is not required to continue the payment of12 temporary total disability benefits for more than fourteen (14) days13 after the employer's proposed termination date unless the independent14 medical examiner determines that the employee is temporarily disabled15 and unable to return to any employment that the employer has made16 available to the employee.17 (d) If it is determined that as a result of this section temporary total18 disability benefits were overpaid, the overpayment shall be deducted19 from any benefits due the employee under this section and, if there are20 no benefits due the employee or the benefits due the employee do not21 equal the amount of the overpayment, the employee shall be22 responsible for paying any overpayment which cannot be deducted23 from benefits due the employee.24 (e) For disablements occurring on and after July 1, 1976, from25 occupational disease resulting in temporary total disability for any work26 there shall be paid to the disabled employee during the temporary total27 disability weekly compensation equal to sixty-six and two-thirds28 percent (66 2/3%) of the employee's average weekly wages, as defined29 in section 19 of this chapter, for a period not to exceed five hundred30 (500) weeks. Compensation shall be allowed for the first seven (7)31 calendar days only if the disability continues for longer than twenty-one32 (21) days.33 (f) For disablements occurring on and after July 1, 1974, from34 occupational disease resulting in temporary partial disability for work35 there shall be paid to the disabled employee during such disability a36 weekly compensation equal to sixty-six and two-thirds percent (6637 2/3%) of the difference between the employee's average weekly wages,38 as defined in section 19 of this chapter, and the weekly wages at which39 the employee is actually employed after the disablement, for a period40 not to exceed three hundred (300) weeks. Compensation shall be41 allowed for the first seven (7) calendar days only if the disability42 continues for longer than twenty-one (21) days. In case of partial

SB 290—LS 6827/DI 102

30

1 disability after the period of temporary total disability, the latter period2 shall be included as a part of the maximum period allowed for partial3 disability.4 (g) For disabilities occurring on and after July 1, 1979, and before5 July 1, 1988, from occupational disease in the schedule set forth in6 subsection (j), the employee shall receive in addition to disability7 benefits, not exceeding fifty-two (52) weeks on account of the8 occupational disease, a weekly compensation of sixty percent (60%) of9 the employee's average weekly wages, not to exceed one hundred

10 twenty-five dollars ($125) average weekly wages, for the period stated11 for the disabilities.12 (h) For disabilities occurring on and after July 1, 1988, and before13 July 1, 1989, from occupational disease in the schedule set forth in14 subsection (j), the employee shall receive in addition to disability15 benefits, not exceeding seventy-eight (78) weeks on account of the16 occupational disease, a weekly compensation of sixty percent (60%) of17 the employee's average weekly wages, not to exceed one hundred18 sixty-six dollars ($166) average weekly wages, for the period stated for19 the disabilities.20 (i) For disabilities occurring on and after July 1, 1989, and before21 July 1, 1990, from occupational disease in the schedule set forth in22 subsection (j), the employee shall receive in addition to disability23 benefits, not exceeding seventy-eight (78) weeks on account of the24 occupational disease, a weekly compensation of sixty percent (60%) of25 the employee's average weekly wages, not to exceed one hundred26 eighty-three dollars ($183) average weekly wages, for the period stated27 for the disabilities.28 (j) For disabilities occurring on and after July 1, 1990, and before29 July 1, 1991, from occupational disease in the following schedule, the30 employee shall receive in addition to disability benefits, not exceeding31 seventy-eight (78) weeks on account of the occupational disease, a32 weekly compensation of sixty percent (60%) of the employee's average33 weekly wages, not to exceed two hundred dollars ($200) average34 weekly wages, for the period stated for the disabilities.35 (1) Amputations: For the loss by separation, of the thumb, sixty36 (60) weeks; of the index finger, forty (40) weeks; of the second37 finger, thirty-five (35) weeks; of the third or ring finger, thirty38 (30) weeks; of the fourth or little finger, twenty (20) weeks; of the39 hand by separation below the elbow, two hundred (200) weeks; of40 the arm above the elbow joint, two hundred fifty (250) weeks; of41 the big toe, sixty (60) weeks; of the second toe, thirty (30) weeks;42 of the third toe, twenty (20) weeks; of the fourth toe, fifteen (15)

SB 290—LS 6827/DI 102

31

1 weeks; of the fifth or little toe, ten (10) weeks; of the foot below2 the knee joint, one hundred fifty (150) weeks; and of the leg3 above the knee joint, two hundred (200) weeks. The loss of more4 than one (1) phalange of a thumb or toe shall be considered as the5 loss of the entire thumb or toe. The loss of more than two (2)6 phalanges of a finger shall be considered as the loss of the entire7 finger. The loss of not more than one (1) phalange of a thumb or8 toe shall be considered as the loss of one-half (1/2) of the thumb9 or toe and compensation shall be paid for one-half (1/2) of the

10 period for the loss of the entire thumb or toe. The loss of not more11 than two (2) phalanges of a finger shall be considered as the loss12 of one-half (1/2) the finger and compensation shall be paid for13 one-half (1/2) of the period for the loss of the entire finger.14 (2) Loss of Use: The total permanent loss of the use of an arm,15 hand, thumb, finger, leg, foot, toe, or phalange shall be considered16 as the equivalent of the loss by separation of the arm, hand,17 thumb, finger, leg, foot, toe, or phalange and the compensation18 shall be paid for the same period as for the loss thereof by19 separation.20 (3) Partial Loss of Use: For the permanent partial loss of the use21 of an arm, hand, thumb, finger, leg, foot, toe, or phalange,22 compensation shall be paid for the proportionate loss of the use of23 such arm, hand, thumb, finger, leg, foot, toe, or phalange.24 (4) For disablements for occupational disease resulting in total25 permanent disability, five hundred (500) weeks.26 (5) For the loss of both hands, or both feet, or the total sight of27 both eyes, or any two (2) of such losses resulting from the same28 disablement by occupational disease, five hundred (500) weeks.29 (6) For the permanent and complete loss of vision by enucleation30 of an eye or its reduction to one-tenth (1/10) of normal vision with31 glasses, one hundred fifty (150) weeks, and for any other32 permanent reduction of the sight of an eye, compensation shall be33 paid for a period proportionate to the degree of such permanent34 reduction without correction or glasses. However, when such35 permanent reduction without correction or glasses would result in36 one hundred percent (100%) loss of vision, but correction or37 glasses would result in restoration of vision, then compensation38 shall be paid for fifty percent (50%) of such total loss of vision39 without glasses plus an additional amount equal to the40 proportionate amount of such reduction with glasses, not to41 exceed an additional fifty percent (50%).42 (7) For the permanent and complete loss of hearing, two hundred

SB 290—LS 6827/DI 102

32

1 (200) weeks.2 (8) In all other cases of permanent partial impairment,3 compensation proportionate to the degree of such permanent4 partial impairment, in the discretion of the worker's compensation5 board, not exceeding five hundred (500) weeks.6 (9) In all cases of permanent disfigurement, which may impair the7 future usefulness or opportunities of the employee, compensation8 in the discretion of the worker's compensation board, not9 exceeding two hundred (200) weeks, except that no compensation

10 shall be payable under this paragraph where compensation shall11 be payable under subdivisions (1) through (8). Where12 compensation for temporary total disability has been paid, this13 amount of compensation shall be deducted from any14 compensation due for permanent disfigurement.15 (k) With respect to disablements in the following schedule occurring16 on and after July 1, 1991, the employee shall receive in addition to17 temporary total disability benefits, not exceeding one hundred18 twenty-five (125) weeks on account of the disablement, compensation19 in an amount determined under the following schedule to be paid20 weekly at a rate of sixty-six and two-thirds percent (66 2/3%) of the21 employee's average weekly wages during the fifty-two (52) weeks22 immediately preceding the week in which the disablement occurred:23 (1) Amputation: For the loss by separation of the thumb, twelve24 (12) degrees of permanent impairment; of the index finger, eight25 (8) degrees of permanent impairment; of the second finger, seven26 (7) degrees of permanent impairment; of the third or ring finger,27 six (6) degrees of permanent impairment; of the fourth or little28 finger, four (4) degrees of permanent impairment; of the hand by29 separation below the elbow joint, forty (40) degrees of permanent30 impairment; of the arm above the elbow, fifty (50) degrees of31 permanent impairment; of the big toe, twelve (12) degrees of32 permanent impairment; of the second toe, six (6) degrees of33 permanent impairment; of the third toe, four (4) degrees of34 permanent impairment; of the fourth toe, three (3) degrees of35 permanent impairment; of the fifth or little toe, two (2) degrees of36 permanent impairment; of separation of the foot below the knee37 joint, thirty-five (35) degrees of permanent impairment; and of the38 leg above the knee joint, forty-five (45) degrees of permanent39 impairment.40 (2) Amputations occurring on or after July 1, 1997: For the loss41 by separation of any of the body parts described in subdivision (1)42 on or after July 1, 1997, the dollar values per degree applying on

SB 290—LS 6827/DI 102

33

1 the date of the injury as described in subsection (l) shall be2 multiplied by two (2). However, the doubling provision of this3 subdivision does not apply to a loss of use that is not a loss by4 separation.5 (3) The loss of more than one (1) phalange of a thumb or toe shall6 be considered as the loss of the entire thumb or toe. The loss of7 more than two (2) phalanges of a finger shall be considered as the8 loss of the entire finger. The loss of not more than one (1)9 phalange of a thumb or toe shall be considered as the loss of

10 one-half (1/2) of the degrees of permanent impairment for the loss11 of the entire thumb or toe. The loss of not more than one (1)12 phalange of a finger shall be considered as the loss of one-third13 (1/3) of the finger and compensation shall be paid for one-third14 (1/3) of the degrees payable for the loss of the entire finger. The15 loss of more than one (1) phalange of the finger but not more than16 two (2) phalanges of the finger shall be considered as the loss of17 one-half (1/2) of the finger and compensation shall be paid for18 one-half (1/2) of the degrees payable for the loss of the entire19 finger.20 (4) For the loss by separation of both hands or both feet or the21 total sight of both eyes or any two (2) such losses in the same22 accident, one hundred (100) degrees of permanent impairment.23 (5) For the permanent and complete loss of vision by enucleation24 or its reduction to one-tenth (1/10) of normal vision with glasses,25 thirty-five (35) degrees of permanent impairment.26 (6) For the permanent and complete loss of hearing in one (1) ear,27 fifteen (15) degrees of permanent impairment, and in both ears,28 forty (40) degrees of permanent impairment.29 (7) For the loss of one (1) testicle, ten (10) degrees of permanent30 impairment; for the loss of both testicles, thirty (30) degrees of31 permanent impairment.32 (8) Loss of use: The total permanent loss of the use of an arm, a33 hand, a thumb, a finger, a leg, a foot, a toe, or a phalange shall be34 considered as the equivalent of the loss by separation of the arm,35 hand, thumb, finger, leg, foot, toe, or phalange, and compensation36 shall be paid in the same amount as for the loss by separation.37 However, the doubling provision of subdivision (2) does not38 apply to a loss of use that is not a loss by separation.39 (9) Partial loss of use: For the permanent partial loss of the use of40 an arm, a hand, a thumb, a finger, a leg, a foot, a toe, or a41 phalange, compensation shall be paid for the proportionate loss of42 the use of the arm, hand, thumb, finger, leg, foot, toe, or phalange.

SB 290—LS 6827/DI 102

34

1 (10) For disablements resulting in total permanent disability, the2 amount payable for impairment or five hundred (500) weeks of3 compensation, whichever is greater.4 (11) For any permanent reduction of the sight of an eye less than5 a total loss as specified in subdivision (5), the compensation shall6 be paid in an amount proportionate to the degree of a permanent7 reduction without correction or glasses. However, when a8 permanent reduction without correction or glasses would result in9 one hundred percent (100%) loss of vision, then compensation

10 shall be paid for fifty percent (50%) of the total loss of vision11 without glasses, plus an additional amount equal to the12 proportionate amount of the reduction with glasses, not to exceed13 an additional fifty percent (50%).14 (12) For any permanent reduction of the hearing of one (1) or both15 ears, less than the total loss as specified in subdivision (6),16 compensation shall be paid in an amount proportionate to the17 degree of a permanent reduction.18 (13) In all other cases of permanent partial impairment,19 compensation proportionate to the degree of a permanent partial20 impairment, in the discretion of the worker's compensation board,21 not exceeding one hundred (100) degrees of permanent22 impairment.23 (14) In all cases of permanent disfigurement which may impair24 the future usefulness or opportunities of the employee,25 compensation, in the discretion of the worker's compensation26 board, not exceeding forty (40) degrees of permanent impairment27 except that no compensation shall be payable under this28 subdivision where compensation is payable elsewhere in this29 section.30 (l) With respect to disablements occurring on and after July 1, 1991,31 compensation for permanent partial impairment shall be paid according32 to the degree of permanent impairment for the disablement determined33 under subsection (k) and the following:34 (1) With respect to disablements occurring on and after July 1,35 1991, and before July 1, 1992, for each degree of permanent36 impairment from one (1) to thirty-five (35), five hundred dollars37 ($500) per degree; for each degree of permanent impairment from38 thirty-six (36) to fifty (50), nine hundred dollars ($900) per39 degree; for each degree of permanent impairment above fifty (50),40 one thousand five hundred dollars ($1,500) per degree.41 (2) With respect to disablements occurring on and after July 1,42 1992, and before July 1, 1993, for each degree of permanent

SB 290—LS 6827/DI 102

35

1 impairment from one (1) to twenty (20), five hundred dollars2 ($500) per degree; for each degree of permanent impairment from3 twenty-one (21) to thirty-five (35), eight hundred dollars ($800)4 per degree; for each degree of permanent impairment from5 thirty-six (36) to fifty (50), one thousand three hundred dollars6 ($1,300) per degree; for each degree of permanent impairment7 above fifty (50), one thousand seven hundred dollars ($1,700) per8 degree.9 (3) With respect to disablements occurring on and after July 1,

10 1993, and before July 1, 1997, for each degree of permanent11 impairment from one (1) to ten (10), five hundred dollars ($500)12 per degree; for each degree of permanent impairment from eleven13 (11) to twenty (20), seven hundred dollars ($700) per degree; for14 each degree of permanent impairment from twenty-one (21) to15 thirty-five (35), one thousand dollars ($1,000) per degree; for16 each degree of permanent impairment from thirty-six (36) to fifty17 (50), one thousand four hundred dollars ($1,400) per degree; for18 each degree of permanent impairment above fifty (50), one19 thousand seven hundred dollars ($1,700) per degree.20 (4) With respect to disablements occurring on and after July 1,21 1997, and before July 1, 1998, for each degree of permanent22 impairment from one (1) to ten (10), seven hundred fifty dollars23 ($750) per degree; for each degree of permanent impairment from24 eleven (11) to thirty-five (35), one thousand dollars ($1,000) per25 degree; for each degree of permanent impairment from thirty-six26 (36) to fifty (50), one thousand four hundred dollars ($1,400) per27 degree; for each degree of permanent impairment above fifty (50),28 one thousand seven hundred dollars ($1,700) per degree.29 (5) With respect to disablements occurring on and after July 1,30 1998, and before July 1, 1999, for each degree of permanent31 impairment from one (1) to ten (10), seven hundred fifty dollars32 ($750) per degree; for each degree of permanent impairment from33 eleven (11) to thirty-five (35), one thousand dollars ($1,000) per34 degree; for each degree of permanent impairment from thirty-six35 (36) to fifty (50), one thousand four hundred dollars ($1,400) per36 degree; for each degree of permanent impairment above fifty (50),37 one thousand seven hundred dollars ($1,700) per degree.38 (6) With respect to disablements occurring on and after July 1,39 1999, and before July 1, 2000, for each degree of permanent40 impairment from one (1) to ten (10), nine hundred dollars ($900)41 per degree; for each degree of permanent impairment from eleven42 (11) to thirty-five (35), one thousand one hundred dollars

SB 290—LS 6827/DI 102

36

1 ($1,100) per degree; for each degree of permanent impairment2 from thirty-six (36) to fifty (50), one thousand six hundred dollars3 ($1,600) per degree; for each degree of permanent impairment4 above fifty (50), two thousand dollars ($2,000) per degree.5 (7) With respect to disablements occurring on and after July 1,6 2000, and before July 1, 2001, for each degree of permanent7 impairment from one (1) to ten (10), one thousand one hundred8 dollars ($1,100) per degree; for each degree of permanent9 impairment from eleven (11) to thirty-five (35), one thousand

10 three hundred dollars ($1,300) per degree; for each degree of11 permanent impairment from thirty-six (36) to fifty (50), two12 thousand dollars ($2,000) per degree; for each degree of13 permanent impairment above fifty (50), two thousand five14 hundred fifty dollars ($2,500) per degree.15 (8) With respect to disablements occurring on and after July 1,16 2001, and before July 1, 2007, for each degree of permanent17 impairment from one (1) to ten (10), one thousand three hundred18 dollars ($1,300) per degree; for each degree of permanent19 impairment from eleven (11) to thirty-five (35), one thousand five20 hundred dollars ($1,500) per degree; for each degree of21 permanent impairment from thirty-six (36) to fifty (50), two22 thousand four hundred dollars ($2,400) per degree; for each23 degree of permanent impairment above fifty (50), three thousand24 dollars ($3,000) per degree.25 (9) With respect to disablements occurring on and after July 1,26 2007, and before July 1, 2008, for each degree of permanent27 impairment from one (1) to ten (10), one thousand three hundred28 forty dollars ($1,340) per degree; for each degree of permanent29 impairment from eleven (11) to thirty-five (35), one thousand five30 hundred forty-five dollars ($1,545) per degree; for each degree of31 permanent impairment from thirty-six (36) to fifty (50), two32 thousand four hundred seventy-five dollars ($2,475) per degree;33 for each degree of permanent impairment above fifty (50), three34 thousand one hundred fifty dollars ($3,150) per degree.35 (10) With respect to disablements occurring on and after July 1,36 2008, and before July 1, 2009, for each degree of permanent37 impairment from one (1) to ten (10), one thousand three hundred38 sixty-five dollars ($1,365) per degree; for each degree of39 permanent impairment from eleven (11) to thirty-five (35), one40 thousand five hundred seventy dollars ($1,570) per degree; for41 each degree of permanent impairment from thirty-six (36) to fifty42 (50), two thousand five hundred twenty-five dollars ($2,525) per

SB 290—LS 6827/DI 102

37

1 degree; for each degree of permanent impairment above fifty (50),2 three thousand two hundred dollars ($3,200) per degree.3 (11) With respect to disablements occurring on and after July 1,4 2009, and before July 1, 2010, for each degree of permanent5 impairment from one (1) to ten (10), one thousand three hundred6 eighty dollars ($1,380) per degree; for each degree of permanent7 impairment from eleven (11) to thirty-five (35), one thousand five8 hundred eighty-five dollars ($1,585) per degree; for each degree9 of permanent impairment from thirty-six (36) to fifty (50), two

10 thousand six hundred dollars ($2,600) per degree; for each degree11 of permanent impairment above fifty (50), three thousand three12 hundred dollars ($3,300) per degree.13 (12) With respect to disablements occurring on and after July 1,14 2010, and before July 1, 2014, for each degree of permanent15 impairment from one (1) to ten (10), one thousand four hundred16 dollars ($1,400) per degree; for each degree of permanent17 impairment from eleven (11) to thirty-five (35), one thousand six18 hundred dollars ($1,600) per degree; for each degree of19 permanent impairment from thirty-six (36) to fifty (50), two20 thousand seven hundred dollars ($2,700) per degree; for each21 degree of permanent impairment above fifty (50), three thousand22 five hundred dollars ($3,500) per degree.23 (13) With respect to disablements occurring on and after July 1,24 2014, and before July 1, 2015, for each degree of permanent25 impairment from one (1) to ten (10), one thousand five hundred26 seventeen dollars ($1,517) per degree; for each degree of27 permanent impairment from eleven (11) to thirty-five (35), one28 thousand seven hundred seventeen dollars ($1,717) per degree;29 for each degree of permanent impairment from thirty-six (36) to30 fifty (50), two thousand eight hundred sixty-two dollars ($2,862)31 per degree; for each degree of permanent impairment above fifty32 (50), three thousand six hundred eighty-seven dollars ($3,687) per33 degree.34 (14) With respect to disablements occurring on and after July 1,35 2015, and before July 1, 2016, for each degree of permanent36 impairment from one (1) to ten (10), one thousand six hundred37 thirty-three dollars ($1,633) per degree; for each degree of38 permanent impairment from eleven (11) to thirty-five (35), one39 thousand eight hundred thirty-five dollars ($1,835) per degree; for40 each degree of permanent impairment from thirty-six (36) to fifty41 (50), three thousand twenty-four dollars ($3,024) per degree; for42 each degree of permanent impairment above fifty (50), three

SB 290—LS 6827/DI 102

38

1 thousand eight hundred seventy-three dollars ($3,873) per degree.2 (15) With respect to disablements occurring on and after July 1,3 2016, for each degree of permanent impairment from one (1) to4 ten (10), one thousand seven hundred fifty dollars ($1,750) per5 degree; for each degree of permanent impairment from eleven6 (11) to thirty-five (35), one thousand nine hundred fifty-two7 dollars ($1,952) per degree; for each degree of permanent8 impairment from thirty-six (36) to fifty (50), three thousand one9 hundred eighty-six dollars ($3,186) per degree; for each degree of

10 permanent impairment above fifty (50), four thousand sixty11 dollars ($4,060) per degree.12 (m) The average weekly wages used in the determination of13 compensation for permanent partial impairment under subsections (k)14 and (l) shall not exceed the following:15 (1) With respect to disablements occurring on or after July 1,16 1991, and before July 1, 1992, four hundred ninety-two dollars17 ($492).18 (2) With respect to disablements occurring on or after July 1,19 1992, and before July 1, 1993, five hundred forty dollars ($540).20 (3) With respect to disablements occurring on or after July 1,21 1993, and before July 1, 1994, five hundred ninety-one dollars22 ($591).23 (4) With respect to disablements occurring on or after July 1,24 1994, and before July 1, 1997, six hundred forty-two dollars25 ($642).26 (5) With respect to disablements occurring on or after July 1,27 1997, and before July 1, 1998, six hundred seventy-two dollars28 ($672).29 (6) With respect to disablements occurring on or after July 1,30 1998, and before July 1, 1999, seven hundred two dollars ($702).31 (7) With respect to disablements occurring on or after July 1,32 1999, and before July 1, 2000, seven hundred thirty-two dollars33 ($732).34 (8) With respect to disablements occurring on or after July 1,35 2000, and before July 1, 2001, seven hundred sixty-two dollars36 ($762).37 (9) With respect to disablements occurring on or after July 1,38 2001, and before July 1, 2002, eight hundred twenty-two dollars39 ($822).40 (10) With respect to disablements occurring on or after July 1,41 2002, and before July 1, 2006, eight hundred eighty-two dollars42 ($882).

SB 290—LS 6827/DI 102

39

1 (11) With respect to disablements occurring on or after July 1,2 2006, and before July 1, 2007, nine hundred dollars ($900).3 (12) With respect to disablements occurring on or after July 1,4 2007, and before July 1, 2008, nine hundred thirty dollars ($930).5 (13) With respect to disablements occurring on or after July 1,6 2008, and before July 1, 2009, nine hundred fifty-four dollars7 ($954).8 (14) With respect to disablements occurring on or after July 1,9 2009, and before July 1, 2014, nine hundred seventy-five dollars

10 ($975).11 (15) With respect to disablements occurring on or after July 1,12 2014, and before July 1, 2015, one thousand forty dollars13 ($1,040).14 (16) With respect to disablements occurring on or after July 1,15 2015, and before July 1, 2016, one thousand one hundred five16 dollars ($1,105).17 (17) With respect to disablements occurring on or after July 1,18 2016, one thousand one hundred seventy dollars ($1,170).19 (n) If any employee, only partially disabled, refuses employment20 suitable to the employee's capacity procured for the employee, the21 employee shall not be entitled to any compensation at any time during22 the continuance of such refusal unless, in the opinion of the worker's23 compensation board, such refusal was justifiable. The employee must24 be served with a notice setting forth the consequences of the refusal25 under this subsection. The notice must be in a form prescribed by the26 worker's compensation board.27 (o) If an employee has sustained a permanent impairment or28 disability from an accidental injury other than an occupational disease29 in another employment than that in which the employee suffered a30 subsequent disability from an occupational disease, such as herein31 specified, the employee shall be entitled to compensation for the32 subsequent disability in the same amount as if the previous impairment33 or disability had not occurred. However, if the permanent impairment34 or disability resulting from an occupational disease for which35 compensation is claimed results only in the aggravation or increase of36 a previously sustained permanent impairment from an occupational37 disease or physical condition regardless of the source or cause of such38 previously sustained impairment from an occupational disease or39 physical condition, the board shall determine the extent of the40 previously sustained permanent impairment from an occupational41 disease or physical condition as well as the extent of the aggravation or42 increase resulting from the subsequent permanent impairment or

SB 290—LS 6827/DI 102

40

1 disability, and shall award compensation only for that part of said2 occupational disease or physical condition resulting from the3 subsequent permanent impairment. An amputation of any part of the4 body or loss of any or all of the vision of one (1) or both eyes caused by5 an occupational disease shall be considered as a permanent impairment6 or physical condition.7 (p) If an employee suffers a disablement from an occupational8 disease for which compensation is payable while the employee is still9 receiving or entitled to compensation for a previous injury by accident

10 or disability by occupational disease in the same employment, the11 employee shall not at the same time be entitled to compensation for12 both, unless it be for a permanent injury, such as specified in13 subsection (k)(1), (k)(4), (k)(5), (k)(8), or (k)(9), but the employee shall14 be entitled to compensation for that disability and from the time of that15 disability which will cover the longest period and the largest amount16 payable under this chapter.17 (q) If an employee receives a permanent disability from an18 occupational disease such as specified in subsection (k)(1), (k)(4),19 (k)(5), (k)(8), or (k)(9) after having sustained another such permanent20 disability in the same employment the employee shall be entitled to21 compensation for both such disabilities, but the total compensation22 shall be paid by extending the period and not by increasing the amount23 of weekly compensation and, when such previous and subsequent24 permanent disabilities, in combination result in total permanent25 disability or permanent total impairment, compensation shall be26 payable for such permanent total disability or impairment, but27 payments made for the previous disability or impairment shall be28 deducted from the total payment of compensation due.29 (r) When an employee has been awarded or is entitled to an award30 of compensation for a definite period from an occupational disease31 wherein disablement occurs on and after April 1, 1963, and such32 employee dies from other causes than such occupational disease,33 payment of the unpaid balance of such compensation not exceeding34 three hundred fifty (350) weeks shall be paid to the employee's35 dependents of the second and third class as defined in sections 1136 through 14 of this chapter and compensation, not exceeding five37 hundred (500) weeks shall be made to the employee's dependents of the38 first class as defined in sections 11 through 14 of this chapter.39 (s) Any payment made by the employer to the employee during the40 period of the employee's disability, or to the employee's dependents,41 which, by the terms of this chapter, was not due and payable when42 made, may, subject to the approval of the worker's compensation board,

SB 290—LS 6827/DI 102

41

1 be deducted from the amount to be paid as compensation, but such2 deduction shall be made from the distal end of the period during which3 compensation must be paid, except in cases of temporary disability.4 (t) When so provided in the compensation agreement or in the5 award of the worker's compensation board, compensation may be paid6 semimonthly, or monthly, instead of weekly.7 (u) When the aggregate payments of compensation awarded by8 agreement or upon hearing to an employee or dependent under eighteen9 (18) years of age do not exceed one hundred dollars ($100), the

10 payment thereof may be made directly to such employee or dependent,11 except when the worker's compensation board shall order otherwise.12 (v) Whenever the aggregate payments of compensation, due to any13 person under eighteen (18) years of age, exceed one hundred dollars14 ($100), the payment thereof shall be made to a trustee, appointed by the15 circuit or superior court, or to a duly qualified guardian, or, upon the16 order of the worker's compensation board, to a parent or to such minor17 person. The payment of compensation, due to any person eighteen (18)18 years of age or over, may be made directly to such person.19 (w) If an employee, or a dependent, is mentally incompetent, or a20 minor at the time when any right or privilege accrues to the employee21 under this chapter, the employee's guardian or trustee may, in the22 employee's behalf, claim and exercise such right and privilege.23 (x) All compensation payments named and provided for in this24 section, shall mean and be defined to be for only such occupational25 diseases and disabilities therefrom as are proved by competent26 evidence, of which there are or have been objective conditions or27 symptoms proven, not within the physical or mental control of the28 employee.29 SECTION 13. IC 22-3-7-34.3, AS ADDED BY P.L.168-2011,30 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE31 JULY 1, 2018]: Sec. 34.3. (a) The worker's compensation board is32 entitled to request that an employer provide the board with current33 proof of compliance with section 34 of this chapter.34 (b) If an employer fails or refuses to provide current proof of35 compliance by the tenth day after the employer receives the board's36 request under subsection (a), the board:37 (1) shall send the employer a written notice that the employer is38 in violation of section 34 of this chapter; and39 (2) may assess a civil penalty against the employer of fifty one40 hundred dollars ($50) per employee ($100) per day beginning on41 the date of the request under subsection (a) and ending on the42 date compliance occurs.

SB 290—LS 6827/DI 102

42

1 (c) An employer may challenge the board's assessment of a civil2 penalty under subsection (b)(2) by requesting a hearing in accordance3 with procedures established by the board.4 (d) The board shall waive a civil penalty assessed under subsection5 (b)(2) if the employer provides the board current proof of compliance6 by the twentieth day after the date the employer receives the board's7 notice under subsection (b)(1).8 (e) If an employer fails or refuses to:9 (1) provide current proof of compliance by the twentieth day after

10 the date the employer receives the board's notice under subsection11 (b)(1); or12 (2) pay a civil penalty assessed under subsection (b)(2);13 the board may, after notice to the employer and a hearing, order that the14 noncompliant employer's name be listed on the board's Internet web15 site.16 (f) A noncompliant employer's name may be removed from the17 board's Internet web site only after the employer does the following:18 (1) Provides current proof of compliance with section 34 of this19 chapter.20 (2) Pays all civil penalties assessed under subsection (b)(2).21 (g) The civil penalties provided for in this section are cumulative.22 (h) Civil penalties collected under this section shall be deposited in23 the worker's compensation supplemental administrative fund24 established by IC 22-3-5-6.25 SECTION 14. IC 22-3-7-37, AS AMENDED BY P.L.168-2011,26 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE27 JULY 1, 2018]: Sec. 37. (a) Every employer operating under the28 compensation provisions of this chapter shall keep a record of all29 disablements by occupational disease, fatal or otherwise, received by30 the employer's employees in the course of their employment and shall31 provide a copy of the record to the board upon request. Within seven32 (7) days after the first day of a disablement by occupational disease and33 the employer's knowledge of the disablement, as provided in either34 actual, alleged, or reported under section 32 of this chapter, that35 causes the employee's death or absence from work for more than one36 (1) day, the need for medical care beyond first aid, a report thereof37 shall be made in writing and mailed, or submitted electronically, to38 the employer's insurance carrier or, if the employer is self insured, to39 the worker's compensation board on blanks to be procured from the40 board for the purpose. The reporting requirements under this41 subsection are intended to be consistent with the recording42 requirements set out in the United States Occupational Safety and

SB 290—LS 6827/DI 102

43

1 Health Administration (OSHA) regulations found at 29 CFR2 1904.7. The insurance carrier shall mail the report to the worker's3 compensation board not later than seven (7) days after receipt or4 fourteen (14) days after the employer's knowledge of the occurrence,5 whichever is later. An employer or insurance carrier that fails to6 comply with this subsection is subject to a civil penalty under7 IC 22-3-4-15.8 (b) The report shall contain the name, nature and location of the9 business of the employer, the name, age, sex, wages, occupation of the

10 employee, the approximate dates between which exposure occurred,11 the nature and cause of the occupational disease, and such other12 information as may be required by the board.13 (c) A person who violates this section commits a Class C14 misdemeanor.15 (d) The venue of all criminal actions for the violation of this section16 lies in the county in which the employee was last exposed to the17 occupational disease causing disablement. The prosecuting attorney of18 the county shall prosecute these violations upon written request of the19 worker's compensation board. These shall be prosecuted in the name20 of the state.21 SECTION 15. [EFFECTIVE UPON PASSAGE] (a) The legislative22 council is urged to assign to an appropriate interim study23 committee the task of studying increases to the benefit schedules24 for worker's compensation and worker's occupational diseases25 compensation.26 (b) This SECTION expires January 1, 2019.27 SECTION 16. An emergency is declared for this act.

SB 290—LS 6827/DI 102

44

COMMITTEE REPORT

Madam President: The Senate Committee on Pensions and Labor,to which was referred Senate Bill No. 290, has had the same underconsideration and begs leave to report the same back to the Senate withthe recommendation that said bill DO PASS.

(Reference is to SB 290 as introduced.)

BOOTS, ChairpersonCommittee Vote: Yeas 9, Nays 0

_____

SENATE MOTION

Madam President: I move that Senate Bill 290 be amended to readas follows:

Page 10, line 20, delete "those" and insert "the recordingrequirements".

Page 42, line 41, delete "those" and insert "the recordingrequirements".

(Reference is to SB 290 as printed January 19, 2018.)

FORD

_____

SENATE MOTION

Madam President: I move that Senate Bill 290 be amended to readas follows:

Page 43, after line 19, begin a new paragraph and insert:"SECTION 15. [EFFECTIVE UPON PASSAGE] (a) The

legislative council is urged to assign to an appropriate interimstudy committee the task of studying increases to the benefitschedules for worker's compensation and worker's occupationaldiseases compensation.

SB 290—LS 6827/DI 102

45

(b) This SECTION expires January 1, 2019.SECTION 16. An emergency is declared for this act.".Renumber all SECTIONS consecutively.

(Reference is to SB 290 as printed January 19, 2018.)

TALLIAN

SB 290—LS 6827/DI 102