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Indiana Workers' Compensation Legal Library

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631 IAC 1-1-26 Compensation agreements; failure to make payments

Authority: IC 22-3-1-3

Affected: IC 22-3-4-5; IC 22-3-7-27

Sec. 26. (a) No later than fifteen (15) days from the date upon which the first weekly installment of compensation shall be due to an injured employee or his or her dependents within this state, the employer or his or her insurance carrier shall present to the injured employee or his or her dependents, if the injured employee or his or her dependents be at the time within the state and his, her, or their address is known to the employer or his or her insurance carrier, for signature, a properly prepared compensation agreement in the form prescribed by the board, and at such time shall pay or tender to the person or persons all compensation then due.

After the compensation agreement has been executed by the parties, it shall be filed with the board and a copy shall be served upon the injured employee or his or her dependents within fifteen (15) days of execution.
The presentation to the person or persons of the check or draft of the employer or insurance carrier for the proper amount, drawn upon a bank in which money is on deposit to pay the same on demand, shall be sufficient tender of the compensation.

(d) If the agreement is not so presented and payment made or tender of the full amount of compensation then due, so made within said time, then the failure so to do may be sufficient cause for the revocation of the certificate of the employer that has authorized him or her to carry his or her own risk without insurance or of the insurance policy form of the insurance carrier, provided, that this rule shall not apply to injuries of which the employer has no notice or knowledge, or when the employer and the injured employee or his or her dependents, in good faith, have failed to reach an agreement in regard to the compensation payable or when the employer has reported to the board within the time and in the manner required by law, and in which report the employer, in good faith, shall have denied compensation liability and shall have stated therein a valid reason for such denial.

(Worker's Compensation Board of Indiana; Rule 31; filed Aug 2, 1949, 3:50 p.m.: Rules and Regs. 1950, p. 81; filed May 12, 1983,

10:15 a.m.: 6 IR 1245, eff Sep 1, 1983; readopted filed Nov 13, 2001, 12:20 p.m.: 25 IR 1305; readopted filed Oct 12, 2007, 1:09 p.m.: 20071031-IR-631070472RFA; filed May 4, 2012, 10:15 a.m.: 20120530-IR-631110357FRA; readopted filed Sep 10, 2013,

12:41 p.m.: 20131009-IR-631130349RFA) NOTE: Renumbered Rule 30 by 1967; 84. NOTE: Transferred from the Industrial Board of Indiana (630 IAC 1-1-30) to the Worker's Compensation Board of Indiana (631 IAC 1-1-26) by P.L.28-1988, SECTION 121, effective July 1, 1988.

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