Sec. 5. (a) If the employer and the injured employee or
the injured employee's dependents disagree in regard to the
compensation payable under IC 22-3-2 through IC 22-3-6 or, if they
have reached such an agreement, which has been signed by them, filed
with and approved by the worker's compensation board, and afterward
disagree as to the continuance of payments under such agreement, or
as to the period for which payments shall be made, or to the amount to
be paid, because of a change in conditions since the making of such
agreement, either party may then make an application to the board for
the determination of the matters in dispute.
(b) Upon the filing of such application, the board shall set the date
of hearing, which shall be as early as practicable, and shall notify the
employee, employer, and attorneys of record in the manner prescribed
by the board of the time and place of all hearings and requests for
continuances. The hearing of all claims for compensation, on account
of injuries occurring within the state, shall be held in the county in
which the injury occurred, in any adjoining county, except when the
parties consent to a hearing elsewhere. Claims assigned to an
individual board member that are considered to be of an emergency
nature by that board member, may be heard in any county within the
board member's jurisdiction.
(c) All disputes arising under IC 22-3-2 through IC 22-3-6, if not
settled by the agreement of the parties interested therein, with the
approval of the board, shall be determined by the board.
Formerly: Acts 1929, c.172, s.58; Acts 1959, c.360, s.1. As
amended by P.L.144-1986, SEC.43; P.L.28-1988, SEC.37;
P.L.95-1988, SEC.9; P.L.170-1991, SEC.10.
Notes of Decisions
Cox v. Worker's Comp. Bd. of Indiana, 675 N.E.2d 1053 (Ind. 1996).
· cites it 10× “Indiana Code § 22-3-3-7(c) provides that a party who disagrees with the medical examiner’s opinion may apply to the Board for a hearing pursuant to Ind.Code § 22-3-4-5 (1993). A second route to a hearing under Ind.”
Colburn v. Kessler's Team Sports, 850 N.E.2d 1001 (Ind. Ct. App. 2006).
· cites it 4× “Indiana Code Section 22-3-4-5 provides: If the employer and the injured employee .”
Stump Home Specialties Mfg. v. Miller, 843 N.E.2d 18 (Ind. Ct. App. 2006).
· cites it 2× “And the Board exercised its authority under Indiana Code Section 22-3-4-5(c) in finding that "the period for which the [PPT] Award was paid commenced on April 9, 2008 [the date of Maximum Medical Improvement] for a period of 35 weeks, based on the employee's Average Weekly Wage,…”
Daugherty v. Indus. Contracting & Erecting, 765 N.E.2d 1280 (Ind. Ct. App. 2002).
· cites it 2× “Indiana Code Section 22-3-4-5(a) provides, in general, that should the employer and employee disagree about the amount of compensation owed, either party may submit an application to the board to resolve the dispute.”
Jones v. Dist. of Columbia Dep't of Emp. Servs., 41 A.3d 1219 (D.C. 2012).
“” Ind.Code § 22-3-4-5 (2011). . Although neither the ALJ nor the parties have referred to the relative amounts petitioner received from her full-time and part-time employment, we note that there are documents in the record (one from employer's counsel) that petitioner's wages…”
Globe Valve Corp. v. Thomas, 424 N.E.2d 155 (Ind. Ct. App. 1981).
“He further held Globe Valve had notice and knowledge of the injury and the failure to affirmatively offer workmen’s compensation forms to Thomas “created a dispute as to the compensability” of her injury and awarded her workmen’s compensation benefits.”
Birge v. Bryant Air Conditioning, 393 N.E.2d 790 (Ind. Ct. App. 1979).
“2d 261 ; Ind.Code 22-3-4-5. The Board, in light of other evidence, equally competent, chose not to base its decision on the testimony of Drs.”
City of Mitchell v. Randy Phelix, 17 N.E.3d 971 (Ind. Ct. App. 2014).
· cites it 2× “See Ind. Code § 22-3-4-5 . Phelix continued to request payment of his medical expenses pursuant to Indiana Code Section 36-8-4-5.”
Ind. Code § 22-3-4-5(a): 3 cases
Cox v. Worker's Comp. Bd. of Indiana, 675 N.E.2d 1053 (Ind. 1996).
“Indiana Code § 22-3-3-7(c) provides that a party who disagrees with the medical examiner’s opinion may apply to the Board for a hearing pursuant to Ind.Code § 22-3-4-5 (1993). A second route to a hearing under Ind.”
Daugherty v. Indus. Contracting & Erecting, 765 N.E.2d 1280 (Ind. Ct. App. 2002).
“Indiana Code Section 22-3-4-5(a) provides, in general, that should the employer and employee disagree about the amount of compensation owed, either party may submit an application to the board to resolve the dispute.”
Ind. Code § 22-3-4-5(b): 1 case
Cox v. Worker's Comp. Bd. of Indiana, 675 N.E.2d 1053 (Ind. 1996).
“Indiana Code § 22-3-3-7(c) provides that a party who disagrees with the medical examiner’s opinion may apply to the Board for a hearing pursuant to Ind.Code § 22-3-4-5 (1993). A second route to a hearing under Ind.”
Ind. Code § 22-3-4-5(c): 1 case
Stump Home Specialties Mfg. v. Miller, 843 N.E.2d 18 (Ind. Ct. App. 2006).
“And the Board exercised its authority under Indiana Code Section 22-3-4-5(c) in finding that "the period for which the [PPT] Award was paid commenced on April 9, 2008 [the date of Maximum Medical Improvement] for a period of 35 weeks, based on the employee's Average Weekly Wage,…”
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