Sec. 23. (a) Any payments made by the employer to the injured employee during the period of the employee's disability, or to the employee's dependents, which by the terms of IC 22-3-2 through IC 22-3-6 were not due and payable when made, may, subject to the approval of the worker's compensation board, be deducted from the amount to be paid as compensation. However, the deduction shall be made from the distal end of the period during which compensation must be paid, except in cases of temporary disability.
(b) Payments to state employees under the terms of IC 5-10-8-7(d)(5) or IC 5-10-8-25 shall be taken as a credit by the state against payments of compensation for temporary total disability during the time period in which the employee is eligible for compensation under both:
(1) IC 5-10-8-7(d)(5) or IC 5-10-8-25; and
(2) section 8 of this chapter.
After a state employee is ineligible for payments under IC 5-10-8-7(d)(5) or IC 5-10-8-25 and if the employee is still eligible for payments for temporary total disability under section 8 of this chapter, any payments for temporary total disability shall be deducted from the amount of compensation payable under section 10 of this chapter. Payments to state employees under the terms of IC 5-10-8-7(d)(5) or IC 5-10-8-25 may not be deducted from compensation payable under section 10 of this chapter.
Formerly: Acts 1929, c.172, s.41. As amended by Acts 1976, P.L.113, SEC.1; P.L.28-1988, SEC.29; P.L.1-1994, SEC.107; P.L.119-2022, SEC.7.
Structure Indiana Code
Article 3. Worker's Compensation System
Chapter 3. Worker's Compensation: Notice of Injury; Treatment; Compensation Schedule; Payments
22-3-3-1. Notice of Injury; Time
22-3-3-2. Notice of Injury; Contents; Signature
22-3-3-3. Limitation of Actions; Radiation
22-3-3-4. Medical Treatment Pending Adjudication of Impairment
22-3-3-4.5. Repackaged Drugs; Maximum Reimbursement Amount
22-3-3-4.7. Formulary; Reimbursement for "N" Drug
22-3-3-5.1. Collection of Medical Expense Payments; Civil Penalties; Good Faith Errors
22-3-3-5.2. Billing Review Service Standards
22-3-3-5.2-b. Billing Review Service Standards
22-3-3-6. Physical Examination; Physician's Statement; Autopsy
22-3-3-7. Temporary Disability Benefits; Installment Payments; Termination; Overpayment
22-3-3-7.5. Average Weekly Wages of Public Employee; Determination
22-3-3-8. Temporary Total Disability or Total Permanent Disability; Awards
22-3-3-9. Temporary Partial Disability; Awards
22-3-3-10-b. Injuries Schedule
22-3-3-11. Partial Disability; Refusing Employment; Notice
22-3-3-12. Subsequent Permanent Injuries; Aggravation; Awards
22-3-3-13. Second Injury Fund; Employee Compensation; Employer Assessments; Penalties
22-3-3-14. Subsequent Injuries; Two Awards
22-3-3-15. Subsequent Injuries; Awards; Extending Period of Payment
22-3-3-16. Death While Receiving Awards; Dependents; Payment
22-3-3-18. Death Resulting From Injuries; Award; Payment to Dependents
22-3-3-19. Presumptive Dependents; Termination of Dependency
22-3-3-20. Total or Partial Dependents; Eligibility; Termination
22-3-3-22. Awards; Computation
22-3-3-22-b. Awards; Computation
22-3-3-23. Mistake in Payments; Deductions; Payments to State Employees
22-3-3-25. Lump Sum Payments; Minors; Interest Rate
22-3-3-26. Lump Sum Payments; Trustees
22-3-3-27. Jurisdiction; Modification of Award
22-3-3-28. Children and Minors; Direct Payments
22-3-3-29. Injured Employee or Dependent Under Guardianship
22-3-3-30. Incompetent Persons; Limitation of Actions
22-3-3-31. Joint Service of Two or More Employers; Apportionment of Award