(a)During the period of disablement, 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
occupational disease, 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 of Indiana to its employees. 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 t
Free access — add to your briefcase to read the full text and ask questions with AI
(a) During the period of disablement, 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
occupational disease, 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 of Indiana to its employees. 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 disablement resulting from the occupational
disease, the employer shall furnish such physician, services and
products, and the worker's compensation board may, on proper
application of either party, require that treatment by such physician and
such services and products be furnished by or on behalf of the
employer as the board may deem reasonably necessary. After an
employee's occupational disease 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(i) of
this chapter, the employer may continue to furnish a physician or a
surgeon and other services and products, and the board may, within
such statutory period for review as provided in section 27(i) of this
chapter, on a proper application of either party, require that treatment
by such physician or surgeon and such services and products be
furnished by and on behalf of the employer as the board may deem
necessary to limit or reduce the amount and extent of such impairment.
The refusal of the employee to accept such services and products when
so provided by or on behalf of the employer, shall bar the employee
from all compensation otherwise payable during the period of such
refusal and the employee's right to prosecute any proceeding under this
chapter shall be suspended and abated until such 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 such impairment, disfigurement, or death which is the result of the
failure of such employee to accept such services and products,
provided that an employer may at any time permit an employee to have
treatment for the employee's disease or injury by spiritual means or
prayer in lieu of such physician, services and products.
(c) Regardless of when it occurs, where a compensable occupational
disease 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 occupational disease
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.
(d) If an emergency or because of the employer's failure to provide
such attending physician or such services and products or such
treatment by spiritual means or prayer as specified in this section, or for
other good reason, a physician other than that provided by the employer
treats the diseased employee within the period of disability, or
necessary and proper services and products are procured within the
period, the reasonable cost of such services and products shall, subject
to 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) This section may not be construed to prohibit an agreement
between an employer and employees that has the approval of the board
and that:
(1) binds the parties to medical care furnished by medical service
providers selected by agreement before or after disablement; or
(2) makes the findings of a medical service provider chosen in
this manner binding upon the parties.
(g) The employee and the employee's estate do not have liability to
a medical service provider for payment for services obtained under this
section. The right to order payment for all services provided under this
chapter is solely with the board. All claims by a medical service
provider for payment for services are against the employer and the
employer's insurance carrier, if any, and must be made with the board
under this chapter. After June 30, 2011, a medical service provider
must file an application for adjustment of a claim for a medical service
provider's fee with the board not later than two (2) years after the
receipt of an initial written communication from the employer, the
employer's insurance carrier, if any, or an agent acting on behalf of the
employer after the medical service provider submits a bill for services.
To offset a part of the board's expenses related to the administration of
medical service provider reimbursement disputes, a medical service
facility shall pay a filing fee of sixty dollars ($60) in a balance billing
case. The filing fee must accompany each application filed with the
board. If an employer, employer's insurance carrier, or an agent acting
on behalf of the employer denies or fails to pay any amount on a claim
submitted by a medical service facility, a filing fee is not required to
accompany an application that is filed for the denied or unpaid claim.
A medical service provider may combine up to ten (10) individual
claims into one (1) application whenever:
(1) all individual claims involve the same employer, insurance
carrier, or billing review service; and
(2) the amount of each individual claim does not exceed two
hundred dollars ($200).
Formerly: Acts 1937, c.69, s.9; Acts 1947, c.164, s.6; Acts
1963, c.388, s.12. As amended by P.L.144-1986, SEC.63; P.L.28-1988,
SEC.52; P.L.95-1988, SEC.15; P.L.170-1991, SEC.20;
P.L.258-1997(ss), SEC.15; P.L.31-2000, SEC.9; P.L.67-2010, SEC.3;
P.L.168-2011, SEC.14; P.L.275-2013, SEC.14.