§ 22-3-3-4 — Medical treatment pending adjudication of impairment

Indiana § 22-3-3-4

• Jurisdiction: Indiana
• Art. 3: WORKER'S COMPENSATION SYSTEM
• Ch. 3: Worker's Compensation: Notice of Injury; Treatment

Text

(a) After an injury and prior to an adjudication
of permanent impairment, the employer shall furnish or cause to be
furnished, free of charge to the employee, an attending physician for
the treatment of the employee's injuries, and in addition thereto such
services and products as the attending physician or the worker's
compensation board may deem necessary. If the employee is requested
or required by the employer to submit to treatment outside the county
of employment, the employer shall also pay the reasonable expense of
travel, food, and lodging necessary during the travel, but not to exceed
the amount paid at the time of the travel by the state to its employees
under the state travel policies and procedures established by the
department of administration and approved by the state budget agency.
If the treatment or travel to or from the place of treatment causes a loss
of working time to the employee, the employer shall reimburse the
employee for the loss of wages using the basis of the employee's
average daily wage.
(b) During the period of temporary total disability resulting from the
injury, the employer shall furnish the physician, services and products,
and the worker's compensation board may, on proper application of
either party, require that treatment by the physician and services and
products be furnished by or on behalf of the employer as the worker's
compensation board may deem reasonably necessary.
(c) After an employee's injury has been adjudicated by agreement
or award on the basis of permanent partial impairment and within the
statutory period for review in such case as provided in section 27 of
this chapter, the employer may continue to furnish a physician or
surgeon and other medical services and products, and the worker's
compensation board may within the statutory period for review as
provided in section 27 of this chapter, on a proper application of either
party, require that treatment by that physician and other services and
products be furnished by and on behalf of the employer as the worker's
compensation board may deem necessary to limit or reduce the amount
and extent of the employee's impairment. The refusal of the employee
to accept such services and products, when provided by or on behalf of
the employer, shall bar the employee from all compensation otherwise
payable during the period of the refusal, and the employee's right to
prosecute any proceeding under IC 22-3-2 through IC 22-3-6 shall be
suspended and abated until the employee's refusal ceases. The
employee must be served with a notice setting forth the consequences
of the refusal under this section. The notice must be in a form
prescribed by the worker's compensation board. No compensation for
permanent total impairment, permanent partial impairment, permanent
disfigurement, or death shall be paid or payable for that part or portion
of the impairment, disfigurement, or death which is the result of the
failure of the employee to accept the services and products required
under this section. However, an employer may at any time permit an
employee to have treatment for the employee's injuries by spiritual
means or prayer in lieu of the physician or surgeon and other services
and products required under this section.
(d) If, because of an emergency, or because of the employer's failure
to provide an attending physician or services and products, or treatment
by spiritual means or prayer, as required by this section, or because of
any other good reason, a physician other than that provided by the
employer treats the injured employee during the period of the
employee's temporary total disability, or necessary and proper services
and products are procured within the period, the reasonable cost of
those services and products shall, subject to the approval of the
worker's compensation board, be paid by the employer.
(e) An employer or employer's insurance carrier may not delay the
provision of emergency medical care whenever emergency medical
care is considered necessary in the professional judgment of the
attending health care facility physician.
(f) Regardless of when it occurs, where a compensable injury results
in the amputation of a body part, the enucleation of an eye, or the loss
of natural teeth, the employer shall furnish an appropriate artificial
member, braces, and prosthodontics. The cost of repairs to or
replacements for the artificial members, braces, or prosthodontics that
result from a compensable injury pursuant to a prior award and are
required due to either medical necessity or normal wear and tear,
determined according to the employee's individual use, but not abuse,
of the artificial member, braces, or prosthodontics, shall be paid from
the second injury fund upon order or award of the worker's
compensation board. The employee is not required to meet any other
requirement for admission to the second injury fund.
(g) If an accident arising out of and in the course of employment
after June 30, 1997, results in the loss of or damage to an artificial
member, a brace, an implant, eyeglasses, prosthodontics, or other
medically prescribed device, the employer shall repair the artificial
member, brace, implant, eyeglasses, prosthodontics, or other medically
prescribed device or furnish an identical or a reasonably equivalent
replacement.
(h) This section may not be construed to prohibit an agreement
between an employer and the employer's employees that has the
approval of the board and that binds the parties to:
(1) medical care furnished by medical service providers selected
by agreement before or after injury; or
(2) the findings of a medical service provider who was chosen by
agreement.
Formerly: Acts 1929, c.172, s.25; Acts 1937, c.214, s.1; Acts
1943, c.136, s.5; Acts 1945, c.188, s.3; Acts 1947, c.162, s.3; Acts
1963, c.387, s.5; Acts 1974, P.L.108, SEC.7. As amended by Acts
1979, P.L.227, SEC.1; P.L.95-1988, SEC.3; P.L.170-1991, SEC.3;
P.L.258-1997(ss), SEC.3; P.L.31-2000, SEC.2; P.L.67-2010, SEC.1;
P.L.275-2013, SEC.2.