• Gordon v. Toyota | Indiana Court of Appeals

    October 5th, 2016

    indiana-self-insurers-gordon-v-toyota

    Indiana Court of Appeals
    Decided April 19, 2016

    Indiana Code 22-3-3-11 provides that if an injured employee refuses employment suitable to his capacity procured for him, then he shall not be entitled to compensation during the period of refusal.  Most employers are aware of this provision, but are not quite so cognizant of some qualifying provisions which require that 1) the employee must be served with a notice setting forth the consequences of refusal and 2) the Board may determine whether or not the refusal was justifiable.

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    What people want in their Indiana Worker’s Compensation Act

    May 17th, 2016

    What people want in their Indiana Worker's Compensation ActDo you ever wonder how statutory changes to the Indiana Worker’s Compensation Act come about? The answer is that people suggest changes to their legislative representatives. Those people can include associations of people, too, like the Indiana Chamber of Commerce, the Indiana Manufacturers Association, the Insurance Institute of Indiana, the Indiana Worker’s Compensation Board, the Indiana Hospital Association, the Indiana State AFL-CIO, the Indiana State Building Trades and many other organizations. Your Indiana Self-Insurers Association participates in that process on your behalf as well. But, we need to know what YOU want; you are OUR people.

    Here are some of the things that other people want right now:
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    Medical Cost Containment Legislation

    December 22nd, 2015
    Medical Cost Containment Legislation

    Medical Cost Containment Legislation

    Many in the worker’s compensation community are concerned by the continued rates of increase in medical costs in Indiana as compared to other states. The Indiana legislature passed a “Fee Schedule” in 2013 which became effective on July 1, 2014. That legislation was the subject of a prior ISIA Newsletter. So, why is it that W/C medical expenses continue to increase? The answer depends on the nature of the provider of W/C medical services.

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    Employee Unavailability for Work in Indiana

    November 20th, 2015

    When a work related injury occurs an employer may avoid paying or may terminate the payment of Temporary Total Disability (TTD) compensation by tendering to the employee light duty work which is within the restrictions assigned by the attending physician. Such a tender of light duty work is not mandatory; it is within the employer’s discretion. If light duty work is not available or is not tendered, then TTD compensation must be paid until 1) light duty work becomes available and is tendered, or 2) the employee is released to the regular work or 3) the injury has been deemed to have reached its Maximum Medical Improvement.

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    Medical “Management” in Indiana

    August 28th, 2015

    Indiana is an employer choice of medical state.  Over time, many employers or their worker’s compensation administrators have come to believe that they are entitled to completely manage the employees’ medical care.  Such management has taken many forms, including nurse case managers, “independent” medical evaluations, unilateral “redirection” of medical care, peer review, utilization review, authorization procedures and other “cost containment” techniques. Yet, the language of the Worker’s Compensation Act rather clearly and simply mandates that the nature of the care which the employer is to provide is that which “…the attending physician or Worker’s Compensation Board may deem necessary” (Indiana Code 22-3-3-4(a)).

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    Employer Options for Worker’s Compensation

    July 8th, 2015

    Under Indiana law, an employer is not responsible for Worker’s Compensation benefits until it has notice of the employee’s injury. Once having received such notice, the employer has two options:

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    Form 1043 Questions Answered

    May 18th, 2015

    The ability to electronically file a Form 1043 Agreement to Compensation for TTD has created a question as to whether it is necessary to prepare and provide a paper Form 1043 to the employee for signature and filing.  Despite the electronic filing of Form 1043, it is still required and important to have a signed and approved paper Form 1043 Agreement to Compensation for TTD.

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    2015 ISIA Renewal Letter

    February 25th, 2015

    OFFICERS 

    Jerry Williams, President
    Jessica Amos, Mittal Steel USA

    DIRECTORS

    Jessica Amos, Secretary/Treasurer
    Sandy Fralich, Indy Steel Erectors
    Gary Gonthier, General Motors Company
    Michael Hough, Nishikawa Cooper, LLC
    Jerry Williams, Clarian Health Partners
    Robert  Fanning, Executive Director

    To Join or Renew your membership please visit the Membership Page.


    Dear Indiana Self-Insurer and Worker’s Compensation Professional:

    The ISIA was incorporated in 1976 and has provided service to Indiana’s self-insured employers and ancillary industries since that time. While the number of self-insured employers has dropped from a peak of 275 to 105 today, our Association continues to provide important services and education to our members and to serve as a liaison to the Worker’s Compensation Board of Indiana and other business-friendly organizations.

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    Voluntary Termination of Employment

    December 5th, 2014

    Many times in the settlement of worker’s compensation cases, the question of voluntary termination of employment comes up. While there may be valid reasons for seeking such a termination, the issue can unduly complicate the resolution of the worker’s compensation claim. There are at least four reasons why requesting a voluntary termination of employment under these circumstances can be problematic:

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    Employer Choice: Choose the Provider, Not the Treatment

    October 14th, 2014

    The provision of medical treatment pursuant to the Indiana Worker’s Compensation Act may well be the most valuable benefit available to an injured employee. Such medical treatment is not subject to an employee paid deductible or co-payment. The statutory medical benefit is unlimited in dollar amount and, under certain circumstances, may be available to an injured employee for the remainder of his life.

    Indiana is an “employer choice” of medical state, meaning that the employer selects the attending physician for an injured employee. Thus, the employee is not free to obtain medical treatment at the employer’s expense (that is, unauthorized treatment) except in an emergency, where the employer or insurer has failed to provide an attending physician, or where there is other good reason.
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