REGULATORY ACTIVITY:

• Website Notices 6/1/20: The 2020 Self-Insurance application/renewal is due to the Board by July 31st. Forms and guidelines are now available. Go to https://www.in.gov/wcb/2367.htm for more information and to download the forms. Please pay via the State’s electronic payment system, which can be accessed at https://www.in.gov/wcb/2516.htm. If you do not already have one, you may obtain a “unique identifier” to pay electronically by contacting the Board. This identifier will insure that your payment is secure and will allow a debit transaction directly from your company’s bank account for a $1.00 State user fee. The fee for using the credit card option will be higher; it is a percentage of your payment. Please always submit your application/renewal form with your payment.
• Effective Monday, June 15th, 2020, the Workers’ Compensation Board’s offices will be open to the public by appointment only.  Walk-ins will be unable to get into the building and should call (317-233-3009) or email instead at in.gov/wcb for an appointment. Those with appointments will be met at the public entrance on the east side of the building.  In person hearings are being scheduled according to the availability of usual locations while others will continue to be handled telephonically or through written submissions until further notice.  Please refer to the notice from March 20th for further details.  Do not fax filings to the office.  Mail remains the only way to file most pleadings and forms. Thank you.  No file marked copies will be returned without a second copy and a self-addressed, stamped envelope. Notice of Penalties will be issued soon for untimely filing of FROIs after May 1, 2020, as per website notices dated 2/21/2020 and 3/20/20.  Thereafter, notices will be sent out approximately monthly for untimely FROIs.  No other filing penalties are set to go into effect at this time.

REGULATORY ACTIVITY:

• Issued Bulletin 254 which extends the moratorium on policy cancellations and no-renewals established in Bulletin 252 to May 31, 2020.  To view the bulletin, go to https://www.in.gov/idoi/2591.htm.

LEGISLATIVE ACTIONS:

• Senate Bill 258 The enacted legislation requires the board of firefighting personnel standards and education to establish best practices to improve safety and health outcomes for firefighters. Establishes the best practices fund for the purpose of providing matching grants to political subdivisions and volunteer fire departments to purchase equipment and other gear to implement best practices. Provides that the workers’ compensation rating bureau of Indiana may recommend a premium or rate discount toward workers’ compensation insurance to political subdivisions and volunteer fire departments that implement best practices. Effective Date July 1, 2020.
• Senate Bill 269 The legislation as enacted provides that for workers' compensation and occupational diseases compensation, not later than 14 days from the date that the first installment of compensation is due, an employer or the employer's insurance carrier must file with the workers' compensation board (board) a report of payment of compensation. (Current law provides that not later than 15 days from the date that the first installment of compensation is due, an employer or the employer's insurance carrier must file with the workers' compensation board a compensation agreement.) Provides that for workers' compensation and occupational diseases compensation, the presentation to the employee or to the employee's dependents of certain payments from the employer or the employer's insurance carrier is sufficient tender of the workers' compensation or occupational diseases compensation. Provides that for workers' compensation and occupational diseases coverage, an employer must notify certain employees of the employer's intent to terminate the employee's temporary total disability benefits, and for all instances of termination of benefits, file an electronic notice with the board. (Current law provides that an employer must notify an employee of the employer's intent to terminate temporary total disability benefits in cases not included in statute.) Provides that for workers' compensation and occupational diseases compensation for injuries occurring on or after July 1, 1991, compensation amounts determined for visual impairments shall be: (1) based on the Functional Vision Score; and (2) except in cases of permanent and complete loss of vision by enucleation, be paid as a whole person rating. (Current law provides that for injuries occurring on or after July 1, 1991, compensation amounts determined for: (1) permanent reduction of the sight of an eye less than a total eye loss shall be paid in an amount proportionate to the degree of a permanent reduction without correction or glasses; and (2) 100% loss of vision shall be paid for 50% of the total loss of vision without glasses, plus an additional amount equal to the proportionate amount of the reduction with glasses). Removes from the compensation schedule for workers’ compensation and occupational diseases compensation, for injuries occurring on or after July 1, 1991, that a reduction of vision to 1/10 of normal vision with glasses is 35 degrees of permanent impairment. Provides that the board may dispose of all papers for files when compensation has been awarded either by agreement or upon hearing two years after the termination of the compensation period for files related to workers’ compensation and worker's occupational diseases compensation. (Current law provides for one year.) Provides that all records of insurance coverage related to workers' occupational diseases compensation shall be maintained for 35 years. (Current law provides the records be maintained for 45 years). Effective Date July 1, 2020.

REGULATORY ACTIVITY:

• The agency has received numerous questions regarding workers’ compensation coverage for employees who contract Covid-19, particularly those on the front lines.  In Indiana, workers’ compensation benefits are paid by employers, not the State.  Under our laws, the State cannot tell employers they must automatically cover employees who contract Covid-19.  Whether an individual contracts the virus in the course and scope of their employment is a determination that must initially be made by the employer. This decision is routinely made at the time the employee notifies the employer of the injury, or in this case, contraction of the virus.  It is well accepted that first responders, as defined in P.L.113-2020, and health care providers, as defined at IC 16-18-2-163, as well as others directly involved in the provision of services to those exhibiting symptoms of Covid-19 are more susceptible to contraction of the disease as a direct result of their work duties.   Others whose jobs necessarily entail close interaction with many people in a public setting are also more vulnerable to exposure and possible infection than those working remotely or in a limited office setting.  Employers are urged to consider making a prospective decision as to whether any vulnerable segment of their workforce will be presumptively covered under the provisions of the Indiana Workers’ Compensation Act should they:
  • Be quarantined at the direction of the employer due to a confirmed or suspected Covid-19 exposure,
  • Receive a Covid-19 diagnosis from a physician without a test,
  • Receive a presumptive positive Covid-19 test, or
  • Receive a laboratory-confirmed Covid-19 diagnosis.

Employers are encouraged to relay such decisions to their workforce and workers’ compensation insurance carrier/third party administrator as soon as possible in order to allay fears and expedite the claims process.  Plans of action upon any occurrence listed above should also be communicated. Questions may be directed to lhamilton@wcb.in.gov.

• Issued insurance bulletin 253 to provide guidance relating to Governor Eric J. Holcomb's executive order 20-13 as well as providing additional information about coverage for COVID-19 testing services.  To view the bulletin, go to https://www.in.gov/idoi/2591.htm.

REGULATORY ACTIVITY:

• The Workers’ Compensation Board is carefully following the direction of Governor Holcomb as details of the outbreak of COVID-19 in Indiana unfold.  If the practices set out herein must be changed, a similar notice will be issued. Continuity of business is a goal, while also taking steps to keep everyone safe.  While the Board will honor law firm, employer and insurance carrier directives to their staff to not attend live hearings, only one such continuance will be granted per case at this time.  We will expect all professionals to continue to work their cases and make themselves available for telephonic hearings unless a personal condition requires separate consideration.  If hearings in a particular venue cannot be conducted because of a facility closing, the entire docket will be moved to another date with telephonic hearings available for most cases set for final hearing. You should check the website of the location for details, but the Board will send out a notice if the docket is set over.  Please do not contact the Board to ask. If a hearing location is closed and the parties agree a live hearing is necessary, arrangements may be made to conduct the hearing at our office. Individual hearing districts may have specific directives regarding the submission of cases for decision.  These will be dispersed to parties in a timely manner.  In all districts, if a telephonic hearing is scheduled, the parties must mail or drop off evidentiary documents and the parties’ stipulations to the Board’s office at least one week before hearing.  At this time, we will accept electronic signatures on settlement agreements.  Remember that only settlements are to be sent to the district email boxes.   Please read the Notice from March 13th regarding electronic filings.  All other pleadings, agreements, and forms must still be mailed to the Board. We are still planning to conduct Full Board hearings at our office on April 27th,  2020.  Hearings will be appropriately timed to avoid a crowd in the hearing room as the time draws closer. As stated in the notice of February 21, 2020, the Board will begin monitoring FROI filings beginning in April.  However, no determination of a start date for issuing penalties has been made at this time.  Please trust we will not do so during this time of flux and without providing advance notice.  However, getting payments out to injured workers and insuring they receive necessary medical care must be paramount for all working within the Indiana workers’ compensation community. For the latest agency directives, go to https://www.in.gov/wcb/.

REGULATORY ACTIVITY:

• Published the 2019 Second Injury Fund Status Report.  To view the report, go to https://www.in.gov/wcb/2343.htm.
• EDI 3.1 Demystified Webinar/Seminar for Attorneys/Adjusters was held on Thursday, November 21st from 1 pm - 3 pm EST. This was an overview of FROI/SROI reporting as well as a review of common Indiana EDI filing issues and changes.

REGULATORY ACTIVITY:

• The Indiana Board of Pharmacy published notice that it was temporarily amending 856 IAC 2-2-5 to add drug compounds to Schedule IV Drugs. This notice will become effective 30 days after filing. Filing date was July 18, 2019. To view this rule, go to http://iac.iga.in.gov/iac/irtoc.htm?view=list&lsadocnum=19-380.

LEGISLATIVE ACTIONS:

• House Bill 1182

Provides that, for workers’ compensation purposes, an employee who leaves work to serve as a volunteer firefighter or member of a volunteer emergency medical services association (volunteer member) is considered an employee of the firefighting unit while in the performance of duties as a volunteer firefighter or volunteer member. Increases the maximum amount of burial expenses that an employer must pay under the workers’ compensation act for the burial expenses of a covered employee who dies from an injury by an accident arising out of the employee's employment from $7,500 to $10,000. Increases the maximum amount of burial expenses that an employer must pay under the workers’ occupational diseases compensation act for the burial expenses of an employee who dies from an occupational disease arising out of the employee's employment from $7,500 to $10,000. Effective Date July 1, 2019.

REGULATORY ACTIVITY:

• The 2019 Self-Insurance application and guidelines are now available.  For more information and to download the necessary forms go to https://www.in.gov/wcb/2367.htm.

Lump sum payment information must be memorialized through EDI within 30 days of Board approval of a settlement.  This will be done via "PY" followed by an "FN" filing. Please see the updated Settlement Procedures for more information. No compliance measures regarding EDI 3.1 are being taken at this time.  We anticipate beginning to track performance for transactions that were filed on or after October 1, 2019 and no penalties will be issued before November 1, 2019 for EDI 3.1 monitored violations. The Board will be reviewing claims that were filed between September 1, 2018 and March 20, 2019 for compliance matters as previously announced in July 2017. To view this notice, go to https://www.in.gov/wcb/

REGULATORY ACTIVITY:

• The following INWCB Element Requirement Table changes are critical and are effective May 15, 2019: DN0052 Employee Date of Birth changing from AR (If Applicable/Available Transaction Rejected) to m (Mandatory) for FROI and SROI MTC UR: Changed FROI and SROI UR requirement code from AR to m, as IAIABC has determined that m should've been allowed on a UR as it is match data for some states. Trading Partners weren't all reporting it due to AR requirement code. This was a Mandatory field for INWCB in Release 1. This should have minimal impact to the industry as most URs have already been received. If DN0052 Employee Date of Birth was not reported on the FROI UR, it must be added with a FROI 02. As of 4/30/2019, INWCB changed their Re-portable Change Code for a FROI 02 – Add for DN0052 Employee Date of Birth from N (No) to K (Change on FROI). DN0118 Accident Site County/Parish changing from M to MC for FROI MTC 00 and AU: Corrected Requirement Code from M to MC for FROI 00 or AU to only require DN0018 Accident Site County/Parish if DN0123 Accident State Code = IN.
• The following INWCB Edit Matrix change is critical and is effective May 15, 2019:
  • DN0027 Insured Location Identifier removed Error 030 Must be A-Z, 0-9, or spaces with no special characters: Removed the edit on the DN0027 Insured Location Identifier for Error 030: Must be A-Z, 0-9, or spaces with no special characters. The IAIABC Systems Committee will be removing the L on the DN-Error Message Table for DN0027 Insured Location Identifier. These changes mentioned above have been logged for INWCB’s next version of their requirements which will be published at a later date.
  • Clarification of DN0040 Date Employer Had Knowledge of the Injury: In Indiana, Date Employer Had Knowledge of Injury (DN0040) is identified by the date an injury became re-portable based on IC 22-3-4-13 which states that “Within seven (7) days after the employer's knowledge of the injury, either actual, alleged, or reported under IC 22-3-3-1, that causes an employee's death or the need for medical care beyond first aid, a report concerning the injury shall be made…” An incident that does not require at least basic first aid is not a re-portable injury in Indiana. As such, an employer cannot have knowledge of a re-portable injury before basic first aid is administered.  The INWCB understands that this use of DN0040 is unorthodox and has explored all options when trying to find a solution that would work to meet Indiana’s statutory obligation for reporting, and also have it be suitable for the Trading Partners. DN0040 is used in the requirement condition for DN0077 Late Reason Code as well.
  • Clarification of Medical Only Suspension: On claims where no indemnity has been paid, there is no need to file a SROI SJ. At this time, the INWCB is not expecting or requesting any filings to be made for suspensions on non-indemnity claims. The INWCB recommends that the Claim Administrator send a simple letter to the Injured Worker informing them that their medical benefits are going to be suspended; however, this is not required. If you have any questions, please contact the INWCB EDI Support Team by email at INWCBEDI@iso.com.
• On Tuesday, June 4, 2019, the Workers’ Compensation Board of Indiana will be hosting a live & call-in information session in conjunction with ISO (Indiana’s EDI Claims Vendor). The webinar will assist Trading Partners with live & commonly asked questions now that Indiana is in Production for EDI Claims Release 3.1. INWCB Trading Partners and EDI Vendors are encouraged to participate.  This live webinar will be hosted via WebEx and will also be presented on site at the Workers’ Compensation Board of Indiana.   To participate via WebEx, please register by clicking here or click on this link:  https://verisk.webex.com/verisk/onstage/g.php?MTID=e7636bba5618b75862a7af3040dee0e20.  After registering via WebEx, you will receive a confirmation email containing information about joining the information webinar including the webinar link as well as how to listen in. Please add the event attached to registration confirmation email to your email calendar.

REGULATORY ACTIVITY:

• Posted notice of intent to readopt rules in anticipation of IC 4-22-2.5-2, providing that an administrative rule adopted under IC 4-22-2 expires January 1 of the seventh year after the year in which the rule takes effect unless the rule contains an earlier expiration date. Effective 30 days after filing with the Publisher. Overview: Rules to be readopted without changes are as follows: 631 IAC 1 workers’ compensation.  To view this notice, go to http://www.in.gov/legislative/iac/irtoc.htm?id=1.5&hdate=20190327&ldate=20190327.
• The ODG Drug Formulary training webinar is now available to download. To view the available information, go to http://info.mcg.com/odg-webinar-on-demand-indiana-formulary.html.

REGULATORY ACTIVITY:

• On March 20, 2019, Indiana transitioned to EDI 3.1 reporting. This necessitated a change in many form processes. SROI reporting has shifted from the Forms Portal to EDI. Errors and bugs are expected but will be corrected as quickly as possible. Please address concerns regarding formsby email to IT@wcb.IN.gov.