Sec. 31. (a) No employee, personal representative, or beneficiary shall have power to waive any of the provisions of this chapter in regard to the amount of compensation which may be payable to such employee, personal representative, or beneficiary except after approval by the worker's compensation board.
(b) Any employee who, prior to June 7, 1937, has contracted silicosis or asbestosis but is not disabled therefrom may, by August 6, 1937, file with the industrial board a request for permission to waive full compensation on account of disability or death resulting from silicosis or asbestosis, or any direct result thereof, supported by medical evidence satisfactory to the industrial board that he has actually contracted silicosis or asbestosis but is not disabled therefrom.
(c) If the industrial board shall approve a waiver filed under subsection (b), the compensation payable for such resulting disability or death of such employee, after further exposure in the employment of any employer shall be fifty percent (50%) of the compensation which but for such waiver would have been payable by any such employer.
Formerly: Acts 1937, c.69, s.24. As amended by P.L.144-1986, SEC.72; P.L.28-1988, SEC.59.
Structure Indiana Code
Article 3. Worker's Compensation System
Chapter 7. Worker's Occupational Diseases Compensation
22-3-7-2. Applicability; Burden of Proof; Police and Firefighter Coverage
22-3-7-2.5. School to Work Student
22-3-7-3. Waiver of Exemption From Act by Employer; Notice of Acceptance; Filing
22-3-7-5. Coal Mining; Application of Law
22-3-7-7. Statutory Duties; Application of Law
22-3-7-8. Place of Exposure; Foreign States or Foreign Countries
22-3-7-9. Definitions; Applicability of Chapter; Exemptions
22-3-7-9-b. Definitions; Applicability of Chapter; Exemptions
22-3-7-9.2. "Violation of the Employment of Minors Laws of This State"
22-3-7-10. Definitions; Course of Employment
22-3-7-10.5. Average Weekly Wages of Public Employee; Determination
22-3-7-11. Death Benefits; Payment
22-3-7-12. Dependents; Classification
22-3-7-13. Presumptive Dependents; Termination of Dependency
22-3-7-14. Dependents; Total or Partial Dependents; Relatives; Termination of Dependency
22-3-7-15. Death Benefits; Burial Expenses
22-3-7-16. Disablements; Awards
22-3-7-16-b. Disablements; Awards
22-3-7-17.1. Collection of Medical Expense Payments; Civil Penalties; Good Faith Errors
22-3-7-17.2. Billing Review Service Standards
22-3-7-17.2-b. Billing Review Service Standards
22-3-7-17.4. Repackaged Drugs; Maximum Reimbursement Amount
22-3-7-17.6. Formulary; Reimbursement for "N" Drug
22-3-7-18. Awards; Lump Sum Payments
22-3-7-19. Awards; Computation; Average Weekly Wages
22-3-7-19-b. Awards; Computation; Average Weekly Wages
22-3-7-20. Physical Examinations; Board and Lodging; Traveling Expenses; Reports; Autopsy
22-3-7-21. Awards; Disqualification
22-3-7-22. Industrial Board; Expenses; Office Space; Meetings
22-3-7-23. Jurisdiction; Administration
22-3-7-24. Rules; Hearings; Subpoenas; Production of Books and Papers; Attorney's Fees
22-3-7-25. Forms and Literature; Reports; Confidential Information
22-3-7-26. Disputes; Settlement
22-3-7-27. Awards; Modification; Hearings; Appeals; Investigations
22-3-7-28. Destruction of Records
22-3-7-30. Awards; Private Agreements; Filing
22-3-7-31. Waiver of Compensation; Approval; Silicosis or Asbestosis
22-3-7-32. Actions and Proceedings; Notice; Limitation of Actions
22-3-7-33. Exposure; Presumptions; Joint Employers
22-3-7-34. Insurance; Self-Insurance; Exemptions
22-3-7-34.3. Proof of Compliance; Notice; Civil Penalty; Internet Posting
22-3-7-35. Contract Relieving Employer of Obligations
22-3-7-36. Third Parties; Actions to Recover Damages; Subrogation; Limitation of Actions