CHAPTER 1. WORKER'S COMPENSATION BOARD
IC 22-3
ARTICLE 3. WORKER'S COMPENSATION SYSTEM
IC 22-3-1
Chapter 1. Worker's Compensation Board
IC 22-3-1-1
Creation; term of office; other positions; removal from office;
compensation; secretary; expenses
Sec. 1. (a) There is hereby created the worker's compensation
board of Indiana, which shall consist of seven (7) members, not more
than four (4) of whom shall belong to the same political party,
appointed by the governor, one (1) of whom the governor shall
designate as chairman. The chairman of said board shall be an
attorney of recognized qualifications.
(b) Each member of said board shall hold office for four (4) years
and until the member's successor is appointed and qualified.
(c) No member of the board shall hold any other position of trust
or profit or engage in any occupation or business interfering with or
inconsistent with the discharge of the member's duties.
(d) Any member of said board may be removed by the governor
at any time for incompetency, neglect of duty, misconduct in office,
or other good cause to be stated in writing in the order of removal. In
case of a vacancy in the membership of the said board, the governor
shall appoint for the unexpired term.
(e) The budget agency, with the approval of the governor, shall
approve the salaries of the members of the board and the secretary.
(f) The board may appoint a secretary and may remove such
secretary. The secretary shall have authority to administer oaths and
issue subpoenas in connection with the administration of IC 22-3-2
through IC 22-3-7.
(g) The board, subject to the approval of the governor, may
employ and fix the compensations of such clerical and other
assistants as it may deem necessary.
(h) The members of the board and its assistants shall be entitled
to receive from the state their actual and necessary expenses while
traveling on the business of the board, but such expenses shall be
approved by the chairman of the board before payment is made.
(i) All salaries and expenses of the board shall be audited and paid
out of the state treasury in the manner prescribed for similar
expenses in other departments or branches of the state service.
(Formerly: Acts 1937, c.34, s.4 1/2; Acts 1943, c.138, s.1; Acts 1945,
c.354, s.1; Acts 1961, c.219, s.1; Acts 1967, c.299, s.1; Acts 1974,
P.L.108, SEC.1.) As amended by P.L.144-1986, SEC.21;
P.L.28-1988, SEC.18; P.L.134-2006, SEC.1.
IC 22-3-1-2
Jurisdiction
Sec. 2. The worker's compensation board shall administer the
worker's compensation law (IC 22-3-2 through IC 22-3-6).
(Formerly: Acts 1937, c.34, s.5.) As amended by P.L.37-1985,
SEC.29; P.L.28-1988, SEC.19.
IC 22-3-1-3
Rules; powers and duties
Sec. 3. (a) The worker's compensation board may adopt rules
under IC 4-22-2 to carry into effect the worker's compensation law
(IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases
law (IC 22-3-7).
(b) The worker's compensation board is authorized:
(1) to hear, determine, and review all claims for compensation
under IC 22-3-2 through IC 22-3-7;
(2) to require medical service for injured employees;
(3) to approve claims for medical service or attorney's fees and
the charges for nurses and hospitals;
(4) to approve agreements;
(5) to modify or change awards;
(6) to make conclusions of facts and rulings of law;
(7) to certify questions of law to the court of appeals;
(8) to approve deductions in compensation made by employers
for amounts paid in excess of the amount required by law;
(9) to approve agreements between an employer and an
employee or the employee's dependents for the cash payment of
compensation in a lump sum, or, in the case of a person under
eighteen (18) years of age, to order cash payments;
(10) to establish and maintain a list of independent medical
examiners and to order physical examinations;
(11) to subpoena witnesses;
(12) to administer oaths;
(13) to apply to the circuit or superior court to enforce the
attendance and testimony of witnesses and the production and
examination of books, papers, and records;
(14) to create and undertake a program designed to educate and
provide assistance to employees and employers regarding the
rights and remedies provided by IC 22-3-2 through IC 22-3-7,
and to provide for informal resolution of disputes;
(15) to assess and collect, on the board's own initiative or on the
motion of a party, the penalties provided for in IC 22-3-2
through IC 22-3-7; and
(16) to exercise all other powers and duties conferred upon the
board by law.
(Formerly: Acts 1937, c.34, s.8; Acts 1943, c.138, s.2; Acts 1973,
P.L.80, SEC.5.) As amended by P.L.37-1985, SEC.30; P.L.28-1988,
SEC.20; P.L.170-1991, SEC.1.
IC 22-3-1-4
Schedule of attorney's fees
Sec. 4. (a) As used in this section, "attorney's fees" means the fees
requested for compensation for service provided by an attorney to a
claimant under the worker's compensation law and the worker's
occupational diseases law as provided under section 3(b)(3) of this
chapter.
(b) As used in this section, "board" refers to the worker's
compensation board of Indiana established by section 1 of this
chapter.
(c) As used in this section, "claim" refers to a claim for
compensation under IC 22-3-2 through IC 22-3-7 filed with the
board.
(d) The following schedule of attorney's fees applies to an
attorney who represents a claimant before the board when the claim
for compensation results in a recovery:
(1) A minimum of two hundred dollars ($200).
(2) Twenty percent (20%) of the first fifty thousand dollars
($50,000) of recovery.
(3) Fifteen percent (15%) of the recovery in excess of fifty
thousand dollars ($50,000).
(4) Ten percent (10%) of the value of:
(A) unpaid medical expenses;
(B) out-of-pocket medical expenses; or
(C) future medical expenses.
(e) The board maintains continuing jurisdiction over all attorney's
fees in cases before the board and may order a different attorney's fee
or allowance in a particular case.
As added by P.L.134-2006, SEC.2.
IC 22-3-1-5
Information sharing concerning construction workers misclassified
as independent contractors
Sec. 5. (a) This section applies after December 31, 2009.
(b) As used in this section, "contractor" means:
(1) a sole proprietor;
(2) a partnership;
(3) a firm;
(4) a corporation;
(5) a limited liability company;
(6) an association; or
(7) another legal entity;
that engages in construction and is authorized by law to do business
in Indiana. The term includes a general contractor, a subcontractor,
and a lower tiered contractor. The term does not include the state, the
federal government, or a political subdivision.
(c) The worker's compensation board of Indiana shall cooperate
with the:
(1) department of state revenue established by IC 6-8.1-2-1;
(2) department of labor created by IC 22-1-1-1; and
(3) department of workforce development established by
IC 22-4.1-2-1;
by sharing information concerning any suspected improper
classification by a contractor of an individual as an independent
contractor (as defined in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)).
(d) For purposes of IC 5-14-3-4, information shared under this
section is confidential, may not be published, and is not open to
public inspection.
(e) An officer or employee of the worker's compensation board of
Indiana who knowingly or intentionally discloses information that is
confidential under this section commits a Class A misdemeanor.
As added by P.L.164-2009, SEC.3.