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On March 25, 2018, the General Assembly of the State of Indiana enacted Senate Bill 290. Effective July 1, 2018, this bill enacts the following Workers’ Compensation changes:
1. Provides that the following must be tendered to an employee not later than fifteen (15) days after the date of the physician’s statement (ref. § 22-3-3-10.5):
A. A proposed permanent partial impairment agreement
B. The associated physician’s statement required
C. The employee waiver of examination
D. A hand/foot chart, if necessary
2. A permanent partial impairment agreement signed by the employee, along with the supporting documentation, must be submitted to the Workers’ Compensation Board for approval not later than fifteen (15) days after the date of receipt from the employee (ref. § 22-3-3-10.5).
3. Not later than thirty (30) days after the date the Workers’ Compensation Board approves the permanent partial impairment agreement, one of the following amounts must be paid (ref. § 22-3-3-10.5):
A. The first weekly installment of a compensation for permanent partial impairment
B. The lump sum, if the compensation is to be paid in a lump sum
4. Voluntary Settlement Agreements. Provides that payment of compensation under a settlement agreement must be made not later than thirty (30) days after the date the Workers’ Compensation Board approves the agreement (ref. § 22-3-2-15).
5. Notice; Workers’ Compensation Coverage. Requires an employer that has mobile or remote employees to convey information about Workers’ Compensation coverage to the employer’s employees in an electronic format or in the same manner as the employer conveys other employment related information (ref. § 22-3-2-22).
6. Payments; Total Disability; Waiting Period. Allows the electronic filing of a temporary total or partial disability compensation agreement with the Board (ref. § 22-3-3-7).
7. Payments; Second Injuries. Provides that permanently, totally disabled worker must reapply to the second injury fund for wage replacement benefit every three (3) years instead of every 150 weeks (ref. § 22-3-3-13)
8. Payments; Time of Payment. Provides that an award of compensation ordered by a single hearing member of the Workers’ Compensation Board must be paid not later than thirty (30) days after the date of the award, or as the award provides, if the award is not appealed to the full Board (ref. § 22-3-3-24).
9. Report of Injuries and Deaths. Requires the reporting of workplace injuries needing medical attention beyond first aid instead of injuries causing an absence from work for more than one day. Provides that reporting requirements for workplace injuries are intended to be consistent with the recording requirements set out in the United States Occupational Safety and Health Administration’s regulations (ref. § 22-3-4-13).
10. Workers’ Occupational Disease Compensation; Reports of Disablements. Requires the reporting of workplace injuries needing medical attention beyond first aid instead of injuries causing an absence from work for more than one day. Provides that reporting requirements for workplace injuries are intended to be consistent with the recording requirements set out in the United States Occupational Safety and Health Administration’s regulations (ref. § 22-3-7-37).
EFFECTIVE DATE
July 1, 2018