Chapter
01. Definitions And General Provisions
02. Administration Of Title
03. Covered Employment And Employer's Responsibility
04. Compensation For Injury Or Death
05. Insurance And Security For Payments
06. Employers' Records And Reports
07. Claims Procedure
08. Occupational Disease Disability
09. Compensation For Permanent Loss Of Hearing
CHAPTER 62-1
DEFINITIONS AND GENERAL PROVISIONS
62-1-1 Definition of terms.
62-1-1.1 Medical practitioner defined.
62-1-1.2 Determining impairment.
62-1-1.3 Presumption that claims denied by employer are nonwork related for other insurance purposes--Reimbursement for compensable injuries.
62-1-2 Employer defined.
62-1-3 Employee defined.
62-1-4 Municipal and county officers--Inclusion within definition of employee.
62-1-4.1 Elementary, secondary and technical college students not employees--Exception for work in vocational education.
62-1-5 Fire department, ambulance service, and rescue squad volunteers--Employees of county, municipality, special purpose district, or township--Imputed wage.
62-1-5.1 Volunteers serving state or political subdivision without pay--Computing or imputing wage--Certain persons not deemed volunteers.
62-1-5.2 Requirements for volunteer firefighters to become eligible for workers' compensation--Amount of benefits--Limitation on eligibility.
62-1-6 Conservation officers acting as law enforcement officers.
62-1-7 Executive officers as employees of corporations--Exception as to nonprofit corporations.
62-1-8 Nonprofit corporation complying with title--Executive officer as employee.
62-1-9 Citation of title.
62-1-10 Owner-operator of certain vehicles as independent contractor.
62-1-11 Requirements for owner-operator of vehicle for certification as independent contractor.
62-1-12 Issuance of certificate of independent contractor status to owner-operator of certain vehicles.
62-1-13 Election of owner-operator of certain vehicles to participate in workers' compensation system as sole proprietor.
62-1-14 Promulgation of rules.
62-1-15 Evidence of injury supported by medical findings.
62-1-16 Employer civilly liable for retaliatory termination of employee--Burden of proof.
62-1-17 Discrimination in hiring based upon preexisting injury prohibited.
62-1-18 Current employer liable for costs and compensation of subsequent compensable injury.
62-1-19 Independent contractor affidavit of exempt status--Rebuttable presumption.
62-1-20 Contents of affidavit of exempt status.
62-1-21 Providing false information on affidavit of exempt status as misdemeanor.
62-1-22 Acceptance of affidavit of exempt status not required.
62-1-23 Wheeler v. Cinna Bakers LLC regarding aggregation of wages abrogated.
62-1-24 Effect of concurrent employment on calculation of earnings for claims before May 6, 2015.
62-1-25 Effect of concurrent employment on calculation of average weekly wage for claims after May 5, 2015.
62-2-1
Repealed.
62-2-2, 62-2-3. Repealed.
62-2-4
Repealed.
62-2-5
Enforcement of title--Rules promulgation.
62-2-6
Investigations--Subpoena of witnesses and records.
62-2-7
Repealed.
62-2-8, 62-2-9. Repealed.
62-2-10
Workers' Compensation Advisory Council--Members--Expenses--Terms--Quorum--Duties--Report.
62-2-10.1
Contents of advisory council annual report.
62-2-11
Posting safety information.
62-2-12
Small claims procedure for medical expense claims.
62-2-13
Promulgation of rules regarding small claims procedure.
62-2-14
Initiation of claim.
62-2-15
Notice to party claimed against.
62-2-16
Setoff or counterclaim.
62-2-17
Hearing.
62-2-18
Evidence.
62-2-19
Release and disclosure of medical records.
62-2-20
Appeal.
62-2-21
Representation by counsel or agent--Fee for services.
62-2-22
Findings, conclusions, and decision not admissible as evidence in separate
proceeding.
62-3-1
Measure of responsibility assumed by employer.
62-3-2
Rights and remedies of employees limited.
62-3-3
Employer and employee bound by provisions of title--Exceptions.
62-3-4
Employment covered by federal compensation law not subject to title.
62-3-5
Security required for acceptance of title.
62-3-5.1
Notice by corporate officer rejecting coverage--Withdrawal of rejection.
62-3-6 to 62-3-9. Repealed.
62-3-10
Liability to subcontractor's employee.
62-3-11
Election to proceed against employer--Options.
62-3-11.1, 62-3-11.2. Repealed.
62-3-12
Repealed.
62-3-13
Penalty for failure to perform statutory duty unaffected.
62-3-14
Reciprocity with other states.
62-3-15
Exemption of domestics, agricultural laborers or workfare participants.
62-3-16
Agricultural work subject to title--Liability insurance required.
62-3-17
Voluntary waiver of exemption by insuring liability.
62-3-18
Obligation created by title not waived by contract.
62-4-1
Medical and hospital expense.
62-4-1.1
Employer's duties upon receipt of medical bill.
62-4-1.2
Fine for noncompliance.
62-4-1.3
Release of medical records.
62-4-2
Waiting period for temporary disability benefits.
62-4-3
Amount of temporary total disability compensation.
62-4-3.1
Annual computation of average weekly wage in state--Period for which applied.
62-4-4
Repealed.
62-4-5
Compensation for partial disability.
62-4-5.1
Compensation during period of rehabilitation--Procedure.
62-4-6
Additional compensation for specific bodily injuries.
62-4-7
Compensation for permanent total disability--Annual increase.
62-4-7.1
Prospective application of benefit increase in § 62-4-7.
62-4-8
Death resulting from injury--Payments to personal representative or beneficiaries of
deceased.
62-4-8.1
Scholarships provided to certain persons receiving workers' compensation benefits--Eligibility.
62-4-9
Repealed.
62-4-10
Installment payments of compensation.
62-4-10.1
Penalty for untimely payment of installments--Other remedies.
62-4-11
Specific bodily injuries--Death before full payment of installments--Payments to
dependents.
62-4-12
Injury resulting in death--Compensation to spouse or children--Remarriage--Full-time students.
62-4-12.1
Injury resulting in death--Compensation to spouse or children--Children not in
custody of surviving spouse.
62-4-13
Injury resulting in death--Additional compensation for child under eighteen.
62-4-14
Injury resulting in death--No surviving spouse or children--Payment to dependent
parent, grandparent, or minor sibling.
62-4-15
Injury resulting in death--Payments to dependent collateral heirs.
62-4-16
Burial and transportation expenses paid when death results from injury.
62-4-17
Installment payment of death benefits.
62-4-18
Death benefits--Payment to personal representative or beneficiaries--Distribution to
heirs.
62-4-19
Payment of death benefits to personal representative--Release of employer from
obligation.
62-4-20
Payment of death benefits to surviving spouse for minor children--Conservatorship
not required.
62-4-21
Spouse of deceased employee--Qualification for benefits.
62-4-22
Transfer of surviving spouse's right to compensation to surviving child.
62-4-23
Repealed.
62-4-24
Employment for year preceding injury--Determination of average weekly wage.
62-4-25
Employment for less than year preceding injury--Determination of average weekly
wage.
62-4-26
Computation of average weekly wage when other methods not feasible.
62-4-27
Seasonal employment--Determination of average weekly wage.
62-4-28
Employee earning no wages or less than day laborers--Computation of average
weekly wage.
62-4-29
Apportionment of compensation for subsequent injury.
62-4-29.1
"Claimant" defined for subsequent injury fund claims.
62-4-30
Determination of amount for each installment period.
62-4-31
Working week defined.
62-4-32
Repealed.
62-4-33
Repealed.
62-4-34 to 62-4-34.2. Repealed.
62-4-34.3
Repealed.
62-4-34.4 to 62-4-34.6. Repealed.
62-4-34.7
Administration of fund to continue until all valid claims approved, denied or settled--Claim for injury occurring after July 1, 2001, barred--Disposition of fund balance.
62-4-35
Repealed.
62-4-36
Repealed.
62-4-36.1 to 62-4-36.3. Repealed.
62-4-37
Injury or death due to willful misconduct of employee not compensable.
62-4-38
Right of action when third person is liable--Election by employee--Offset of
recovered damages.
62-4-39
Compensation paid by employer--Reimbursement from damages recovered from
third party.
62-4-40
Recovery by employer from third party--Excess held for employee.
62-4-41
Priority of rights to compensation.
62-4-42
Assignment of payments prohibited--Certain compensation exempt from claims of
creditors.
62-4-43
Selection of medical practitioner or surgeon by employee.
62-4-44
Report to be submitted to employer and department by treating practitioner or
surgeon--Time limit..
62-4-45
Information about injury to be made available--Penalty for withholding information.
62-4-46
Benefits precluded by intentional misrepresentation of employee's physical condition--Burden of proof.
62-4-47
Written request to stop payments--Fraud--Injury outside of employment.
62-4-48
Investigation of written request to stop payments.
62-4-49
Confidentiality of investigative records--Release--Misdemeanor.
62-4-50
Immunity for good faith written request of investigation--False written request as
misdemeanor.
62-4-51
Fraudulent workers' compensation claims as misdemeanor.
62-4-52
Definition of terms.
62-4-53
Permanent total disability--Burden of proof--Moving expenses paid by employer in
certain cases.
62-4-54
Determining usual and customary line of employment.
62-4-55
Suitable, substantial, and gainful employment defined.
62-5-1
Methods of securing payment of compensation.
62-5-2
Obtaining workers' compensation insurance.
62-5-3
Reciprocal or interinsurance contracts providing indemnity for loss under workers'
compensation law.
62-5-4
Repealed.
62-5-5
Self-insurance by employer--Annual proof of solvency and financial ability--Application fee--Deposit of fees--Certificate of exemption.
62-5-6
Exemption of political subdivisions from security provisions.
62-5-7
Failure to secure payment as election not to operate under title.
62-5-8
Commission for placing insurance limited.
62-5-9
Issuance of policy to employer--Certification to department.
62-5-10
Surety for performance required for self-insurers--Irrevocable trust.
62-5-11
Requirements for acceptance of irrevocable letter of credit--Definitions.
62-5-12
Deposit of surety bonds, letters of credit, etc.
62-5-13
Deposit of certificate of deposit or government securities.
62-5-14
Deposit and withdrawal of cash.
62-5-15
Perfected security interest in deposit--Release of security interest.
62-5-16
Claims administration contracts.
62-5-17
Repealed.
62-5-18
Reduction of premium where employer selects a policy with a deductible.
62-5-19
Deductible does not affect reporting requirements.
62-5-20
Insurer to pay entire loss--Employer to reimburse deductible amount.
62-5-21
Provision of medical services and health care.
CHAPTER 62-6
EMPLOYERS' RECORDS AND REPORTS
62-6-1 Record of injuries sustained by employees--Copy to employee--Failure as misdemeanor.
62-6-2 Employer's report of injury--Failure to report as misdemeanor.
62-6-3 Insurer to file copy of injury report with department--Notice of denial of coverage by insurer or employer--Suspension, revocation, or refusal of authority for noncompliance.
62-6-4 Wage records of employees--Inspection by department, purposes.
62-6-5 Information confidential--Release to employee or public agency--Nonprofit organization program.
62-6-6 Refusal to submit records for inspection--Penalty.
62-6-7 Demand for employee's work-related records--Production of records--Employee waiver of right to privacy.
62-7-1
Compulsory medical examination of employee at request of employer.
62-7-2
Employee's physician present at examination--Copy of report to employee not
employing physician.
62-7-3
Refusing or obstructing examination--Suspension of compensation payments.
62-7-4
Repealed.
62-7-5
Agreement as to compensation--Approval by department.
62-7-6
Petition for lump-sum settlement--Hearing by and order of department--Beneficiaries
excluded--Partial lump sum payment.
62-7-7
Appointment of conservator or administrator in connection with lump-sum
settlement.
62-7-8
Fees for health services subject to approval--Excessive fees or services.
62-7-8.1
Ability to pay for health care--Impermissible basis for higher fees--Misdemeanor.
62-7-9
Repealed.
62-7-10
Notice to employer of injury--Condition precedent to compensation.
62-7-11
Repealed.
62-7-12
Failure to reach agreement as to compensation--Hearing by department.
62-7-12.1
Hearing officer to be licensed attorney.
62-7-12.2
Informal request for disqualification of hearing examiner.
62-7-13
Hearing by department--Place of holding--Decision, filing and service.
62-7-14
Appointment of impartial medical examiner--Fee.
62-7-15
Hearing by department--Fees and mileage of witnesses--Taxation of costs.
62-7-16
Petition for review of decision of department--Revision or affirmance.
62-7-17
Appeal from decision of department without petition for review.
62-7-18
Decision of department not final until determination of petition for review.
62-7-19
Appeals to circuit court.
62-7-20 to 62-7-29. Repealed.
62-7-30
Notice or orders--Method of service.
62-7-31
Judgment taken on memorandum of agreement or portion of order or decision.
62-7-32
Modification or revocation of judgment taken on award or memorandum of
agreement.
62-7-33
Review of payment by department.
62-7-34
Notice given by department--Statutory notice--Writing required--Manner of service.
62-7-35
Limitation of action on claim for compensation.
62-7-35.1
Time limitation for claiming additional compensation--Application of limit.
62-7-35.2
Application of time limits to minor or person with mental illness or developmental
disability.
62-7-35.3
Right to compensation barred under certain circumstances.
62-7-36
Approval of legal fees--Amount--Lump sum payment.
62-7-37
Mediation--Promulgation of rules.
62-7-38
Multiple employers or insurers where preexisting injury or cumulative trauma
claimed--Responsibility for payment.
62-7-39
Determining permanent partial or permanent total disability compensation.
62-7-40
False testimony.
62-7-41
Supplemental wage benefit for employee unable to return to usual and customary
employment.
62-8-1
Definition of terms.
62-8-2
Repealed.
62-8-3
Contracted and incurred defined.
62-8-4
Right to compensation--Applicability of workers' compensation law.
62-8-5
Repealed.
62-8-6
Employers and workers subject to chapter--Security for compensation--Right to
compensation as exclusive remedy.
62-8-7, 62-8-8. Repealed.
62-8-9
Repealed.
62-8-10
Repealed.
62-8-11
Filing time to qualify for disability or death compensation.
62-8-12
Conditions of liability--Burden of proof.
62-8-13
Notice of disability required--Claim for compensation.
62-8-14
Silicosis cases--Period of exposure.
62-8-15
Last employer liable--Amount of compensation--Notice of disability--Claim for
compensation.
62-8-16
Maximum compensation for death or disability.
62-8-17
Waiver of disability benefits by working for another.
62-8-18
Death in case of silicosis--Liability of last employer.
62-8-19
Disability or death from silicosis with complication of tuberculosis.
62-8-20
Partial disability due to silicosis not compensable--Exceptions.
62-8-21
Dependency arising after disability.
62-8-22
Disability or death due to employee's willful misconduct, willful self-exposure, or
disobedience not compensable.
62-8-23
Willful self-exposure--Acts constituting.
62-8-24
Waiver of full compensation for aggravation of nondisabling silicosis--Amount of
claim limited.
62-8-25
Contract waiving all claims for compensation for aggravation of nondisabling
silicosis.
62-8-26
Voluntary waiver--Finding by department.
62-8-27
Termination of employment because of nondisabling silicosis--Allowance of
compensation.
62-8-28
Petition of employee for examination for silicosis--Payment of costs--Findings of
department.
62-8-29
Notice of disease or death required for compensation.
62-8-30
Time for notice of incapacity from ionizing radiation.
62-8-31
Persons who may give notice and make claim.
62-8-32
Time for making claim for further compensation after discontinuance.
62-8-33 to 62-8-40. Superseded.
62-8-40.1
Contracts for medical reports.
62-8-41
Autopsy ordered by department upon filing of claim.
62-8-42
Autopsy ordered by department where controversy may exist.
62-8-43
Refusal to permit autopsy--Suspension of proceedings for compensation.
62-8-44
Modification of award.
62-8-45
Agreements between employer and employee.
62-8-46
Repealed.
62-8-47
Compensation under this chapter not additional to compensation under chapter 62-4.
62-8-48 Repealed.
62-9-1
Compensation for permanent occupational hearing loss.
62-9-2
Definition of terms.
62-9-3
Calculation of hearing loss--What loss is compensable.
62-9-4
Hearing loss to be determined on binaural basis--How calculated.
62-9-5
Deductions from total average decibel loss.
62-9-6
Amount of compensation payable for total or partial hearing loss.
62-9-7
No benefits for temporary total or partial disability or for tinnitus.
62-9-8
No benefits where employee fails to regularly use employer-provided protection
devices.
62-9-9
What employer is liable for compensation--Duration of exposure required for
compensability.
62-9-10
Liability for pre-employment and nonoccupational losses--Loss prior to July 1, 1974.
62-9-11
Effect of hearing aid use on compensation--Provision of hearing aid by employer.
62-9-12
Removal from exposure for six-month period prerequisite to filing of claim--Limitation period applicable to claims--How claims to be filed.
62-9-13
Repealed.
62-9-14
Compensability of hearing loss caused by explosion or trauma.
62-9-15
Applicability of Title 62.
