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Indiana Worker’s Compensation Update Indiana Worker’s Compensation Update

Indiana Worker’s Compensation Update

On March 15, 2022, the Indiana legislature passed legislation that revises the Indiana Worker’s Compensation Act in three ways: 1) it increases the time to file an Application for Adjustment of Claim related to a compensable claim; 2) it increases statutory compensation and disablement rates beginning next year, July 1, 2023; 3) and it adds ambulatory outpatient surgical services to the “medical services facility” definition. 

The revision that received little discussion, but may have an impact on worker’s compensation claim management, is the first noted above—the revision to Ind. Code §22-3-3-3 Limitations of action, which contains the time limit for filing a claim with the Board. Effective this year (July 1, 2022) the Act was revised to extend the limitations period for filing an Application for Adjustment of Claim to two years from the last date for which compensation was paid (temporary total disability or temporary partial disability). The revised statute reflects the Board’s current practice related to compensable claims and is similar to the filing requirement for a change of condition claims found in Ind. Code §22-3-3-27. The filing requirement for securing the Board’s jurisdiction related to disputed claims or medical only claim (where no statutory compensation is paid) continues to be two years from the date of injury.    

Please contact a member of our Workplace Solutions Group if you have questions about the new filing requirement or would like to receive resources summarizing the new statutory compensation rates.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.
 
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