§ 22-3-7-31 — Waiver of compensation; approval; silicosis or asbestosis

Indiana § 22-3-7-31

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

Text

(a) No employee, personal representative, or
beneficiary shall have power to waive any of the provisions of this
chapter in regard to the amount of compensation which may be payable
to such employee, personal representative, or beneficiary except after
approval by the worker's compensation board.
(b) Any employee who, prior to June 7, 1937, has contracted
silicosis or asbestosis but is not disabled therefrom may, by August 6,
1937, file with the industrial board a request for permission to waive
full compensation on account of disability or death resulting from
silicosis or asbestosis, or any direct result thereof, supported by
medical evidence satisfactory to the industrial board that he has
actually contracted silicosis or asbestosis but is not disabled therefrom.
(c) If the industrial board shall approve a waiver filed under
subsection (b), the compensation payable for such resulting disability
or death of such employee, after further exposure in the employment of
any employer shall be fifty percent (50%) of the compensation which
but for such waiver would have been payable by any such employer.
Formerly: Acts 1937, c.69, s.24. As amended by P.L.144-1986,
SEC.72; P.L.28-1988, SEC.59.