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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
