§ 22-3-7-27 — Awards; modification; hearings; appeals; investigations

Indiana § 22-3-7-27

• Jurisdiction: Indiana
• Art. 3: WORKER'S COMPENSATION SYSTEM
• Ch. 7: Worker's Occupational Diseases Compensation

Text

(a) If the employer and the employee or the
employee's dependents disagree in regard to the compensation payable
under this chapter, or, if they have reached such an agreement, which
has been signed by them, filed with and approved by the worker's
compensation board, and afterward disagree as to the continuance of
payments under such agreement, or as to the period for which payments
shall be made, or as to the amount to be paid, because of a change in
conditions since the making of such agreement, either party may then
make an application to the board for the determination of the matters
in dispute. When compensation which is payable in accordance with an
award or by agreement approved by the board is ordered paid in a lump
sum by the board, no review shall be had as in this subsection
mentioned.
(b) The application making claim for compensation filed with the
worker's compensation board shall state the following:
(1) The approximate date of the last day of the last exposure and
the approximate date of the disablement.
(2) The general nature and character of the illness or disease
claimed.
(3) The name and address of the employer by whom employed on
the last day of the last exposure, and if employed by any other
employer after such last exposure and before disablement, the
name and address of such other employer or employers.
(4) In case of death, the date and place of death.
(5) Amendments to applications making claim for compensation
which relate to the same disablement or disablement resulting in
death originally claimed upon may be allowed by the board in its
discretion, and, in the exercise of such discretion, it may, in
proper cases, order a trial de novo. Such amendment shall relate
back to the date of the filing of the original application so
amended.
(c) Upon the filing of such application, the board shall set the date
of hearing, which shall be as early as practicable, and shall notify the
parties, in the manner prescribed by the board, of the time and place of
hearing. The hearing of all claims for compensation on account of
occupational disease shall be held in the county in which the last
exposure occurred or in any adjoining county, except when the parties
consent to a hearing elsewhere. Claims assigned to an individual board
member that are considered to be of an emergency nature by that board
member, may be heard in any county within the board member's
jurisdiction.
(d) The board by any or all of its members shall hear the parties at
issue, their representatives, and witnesses, and shall determine the
dispute in a summary manner. The award shall be filed with the record
of proceedings, and a copy thereof shall immediately be sent by
registered mail to each of the parties in dispute.
(e) If an application for review is made to the board within thirty
(30) days from the date of the award made by less than all the
members, the full board, if the first hearing was not held before the full
board, shall review the evidence, or, if deemed advisable, hear the
parties at issue, their representatives, and witnesses as soon as
practicable, and shall make an award and file the same with the finding
of the facts on which it is based and send a copy thereof to each of the
parties in dispute, in like manner as specified in subsection (d).
(f) An award of the board by less than all of the members as
provided in this section, if not reviewed as provided in this section,
shall be final and conclusive. An award by the full board shall be
conclusive and binding unless either party to the dispute, within thirty
(30) days after receiving a copy of such award, appeals to the court of
appeals under the same terms and conditions as govern appeals in
ordinary civil actions. The court of appeals shall have jurisdiction to
review all questions of law and of fact. The board, of its own motion,
may certify questions of law to the court of appeals for its decision and
determination. An assignment of errors that the award of the full board
is contrary to law shall be sufficient to present both the sufficiency of
the facts found to sustain the award and the sufficiency of the evidence
to sustain the finding of facts. All such appeals and certified questions
of law shall be submitted upon the date filed in the court of appeals,
shall be advanced upon the docket of the court, and shall be determined
at the earliest practicable date, without any extensions of time for filing
briefs. An award of the full board affirmed on appeal, by the employer,
shall be increased thereby five percent (5%), and by order of the court
may be increased ten percent (10%).
(g) Upon order of the worker's compensation board made after five
(5) days notice is given to the opposite party, any party in interest may
file in the circuit or superior court of the county in which the
disablement occurred a certified copy of the memorandum of
agreement, approved by the board, or of an order or decision of the
board, or of an award of the full board unappealed from, or of an award
of the full board affirmed upon an appeal, whereupon the court shall
render judgment in accordance therewith and notify the parties. Such
judgment shall have the same effect and all proceedings in relation
thereto shall thereafter be the same as though such judgment has been
rendered in a suit duly heard and determined by the court. Any such
judgment of such circuit or superior court, unappealed from or affirmed
on appeal or modified in obedience to the mandate of the court of
appeals, shall be modified to conform to any decision of the worker's
compensation board ending, diminishing, or increasing any weekly
payment under the provisions of subsection (i) upon the presentation
to it of a certified copy of such decision.
(h) In all proceedings before the worker's compensation board or in
a court under the compensation provisions of this chapter, the costs
shall be awarded and taxed as provided by law in ordinary civil actions
in the circuit court.
(i) The power and jurisdiction of the worker's compensation board
over each case shall be continuing, and, from time to time, it may, upon
its own motion or upon the application of either party on account of a
change in conditions, make such modification or change in the award
ending, lessening, continuing, or extending the payments previously
awarded, either by agreement or upon hearing, as it may deem just,
subject to the maximum and minimum provided for in this chapter.
When compensation which is payable in accordance with an award or
settlement contract approved by the board is ordered paid in a lump
sum by the board, no review shall be had as in this subsection
mentioned. Upon making any such change, the board shall immediately
send to each of the parties a copy of the modified award. No such
modification shall affect the previous award as to any money paid
thereunder. The board shall not make any such modification upon its
own motion, nor shall any application therefor be filed by either party
after the expiration of two (2) years from the last day for which
compensation was paid. The board may at any time correct any clerical
error in any finding or award.
(j) The board or any member thereof may, upon the application of
either party or upon its own motion, appoint a disinterested and duly
qualified physician or surgeon to make any necessary medical
examination of the employee and to testify in respect thereto. Such
physician or surgeon shall be allowed traveling expenses and a
reasonable fee, to be fixed by the board. The fees and expenses of such
physician or surgeon shall be paid by the state only on special order of
the board or a member thereof.
(k) The board or any member thereof may, upon the application of
either party or upon its own motion, appoint a disinterested and duly
qualified industrial hygienist, industrial engineer, industrial physician,
or chemist to make any necessary investigation of the occupation in
which the employee alleges that the employee was last exposed to the
hazards of the occupational disease claimed upon, and testify with
respect to the occupational disease health hazards found by such person
or persons to exist in such occupation. Such person or persons shall be
allowed traveling expenses and a reasonable fee, to be fixed by the
board. The fees and expenses of such persons shall be paid by the state,
only on special order of the board or a member thereof.
(l) Whenever any claimant misconceives the claimant's remedy and
files an application for adjustment of a claim under IC 22-3-2 through
IC 22-3-6 and it is subsequently discovered, at any time before the final
disposition of such cause, that the claim for injury or death which was
the basis for such application should properly have been made under
the provisions of this chapter, then the application so filed under IC 22-3-2 through IC 22-3-6 may be amended in form or substance or both
to assert a claim for such disability or death under the provisions of this
chapter, and it shall be deemed to have been so filed as amended on the
date of the original filing thereof, and such compensation may be
awarded as is warranted by the whole evidence pursuant to the
provisions of this chapter. When such amendment is submitted, further
or additional evidence may be heard by the worker's compensation
board when deemed necessary. Nothing in this section contained shall
be construed to be or permit a waiver of any of the provisions of this
chapter with reference to notice or time for filing a claim, but notice of
filing of a claim, if given or done, shall be deemed to be a notice or
filing of a claim under the provisions of this chapter if given or done
within the time required in this chapter.
Formerly: Acts 1937, c.69, s.20; Acts 1947, c.164, s.8; Acts
1963, c.388, s.15; Acts 1969, c.101, s.4. As amended by P.L.144-1986,
SEC.69; P.L.28-1988, SEC.57; P.L.170-1991, SEC.22; P.L.235-1999,
SEC.8; P.L.1-2006, SEC.342; P.L.134-2006, SEC.11.