ADMINISTRATIVE LAW JUDGES

AGGRAVATION
- See HEARING EXAMINERS
- See PREEXISTING INJURY

AGRICULTURAL WORK
- Not exempted from workers’ compensation law [62-3-16]

ANNUAL EARNINGS
- Definition of [62-1-1(1)]

APPEALS
- Appeals to circuit court [62-7-19]
- Appeal without petition for review [62-7-17]
- Decision not final until determination of petition for review [62-7-18]
- Petition for review of decision [62-7-16]

APPORTIONMENT
- Calculating based upon proportion of incapacity and disability [62-4-29]
- Disabled and drawing compensation, prerequisite to [62-4-29]

ARISING OUT OF EMPLOYMENT
- Included in definition of injury [62-1-1(7)]

ASCERTAINABLE LOSS
- Definition of [62-1-1(2)]

AVERAGE WEEKLY WAGES
- Definition of [62-1-1(3)]
- Computing [62-4-24 to 62-4-28]
- Calculating for seasonal employment [62-4-27]
- Calculating when employee earning no wages [62-4-28]
- Calculating when employee earning less than day laborers [62-4-28]
- Calculating when employed with employer for a year [62-4-24]
- Calculating when employed with employer for less than a year [62-4-25]
- Calculating when other methods are not feasible [62-4-26]
- Installments, determining [62-4-30]
- Working week, defined [62-4-31]

BAD FAITH
- Failure to provide reason for denial as such [62-1-1.3]

CHANGE IN CONDITION
- Review of compensation based upon [62-7-33]
- Review of PTD cases not less than every five years [62-7-33]

COMMUNITY
- Definition of [62-4-52(1)]

CONFIDENTIALITY
- Information obtained [62-6-5]

CUMULATIVE TRAUMA INJURY
- Employer/insurer to make immediate payment in case of multiple employers/insurers [62-7-38]

DEATH
- Amount of compensation payable, calculating [62-4-12]
- Child under 18, compensation payable to [62-4-12]
- Death before final payment of installments for specific body member [62-4-11]
- Noncustodial children, compensation payable to [62-4-12.1]
- Payment of benefits [62-4-8 to 62-4-22]
- Scholarships [62-4-8.1]

DECISIONS
- Decision not final until determination of petition for review [62-7-18]
- Petition for review of decision [62-7-16]

DENIALS
- Bad faith, failure to provide reason for denial [62-1.1-3]
- Duty to investigate [62-6-3]
- Extension of time to investigate [62-6-3]
- Language a denial must contain [62-6-3]
- Notification of right to a hearing [62-6-3]
- Reasons for denial to be stated [62-6-3]
- Penalty for failing to comply [62-6-3]
- Time limit for denial [62-6-3]
- Unfair practice, failure to provide reason for denial [62-1-1.3]

DEPARTMENT OF LABOR
- Enforcement of title [62-2-5]
- Subpoena power of [62-2-6]

DISEASE
See OCCUPATIONAL DISEASE

DOMESTIC SERVANT
- Definition of [62-1-1(5)]

DRUG USE
- See WILLFUL MISCONDUCT

EARNINGS
- Definition of [62-1-1(6)]

EMPLOYEE
- Agricultural work
- Not exempted from workers’ compensation law [62-3-16]
- Conservation officers acting as peace officers included [62-1-6]
- Definition of [61-1-3]
- Domestic servants
- Workers’ compensation law not applying to [62-3-15(1)]
- Definition of [62-3-15(1)]
- Elementary and secondary students excluded [62-1-4.1]
- Executive officers of corporations included [62-1-7]
- Farm or agricultural laborers
- Workers’ compensation law not applying to [62-3-15(2)]
- Municipal officers included in [62-1-4]
- Nonprofit executive officers may be included[62-1-8]
- Postsecondary technical institute students excluded [62-1-4.1]
- Vocational education students included [62-1-4.1]
- Voluntary fire department, ambulance and rescue workers included [62-1-5]
- Work activity participants
- Workers’ compensation law not applying to [62-3-15(3)]

EMPLOYER
- Definition of [62-1-2]
- Statutory employers [62-3-10 to 62-3-11]

EXCLUSIVE REMEDY
- Measure of responsibility assumed by employer [62-3-1]
- Rights and remedies of employees limited [62-3-2]

DEPARTMENT OF LABOR
- Power to appoint impartial physician [62-7-14]

DEDUCTIBLES
- Insurer to pay entire loss [62-5-20]
- Reduction of premium for selecting [62-5-18]
- Reimbursement of deductible amount [62-5-20]
- Reporting requirements unaffected [62-5-19]

FALSE REPRESENTATION OF PHYSICAL CONDITION
- Benefits precluded by [62-4-46]
- See also WILLFUL MISCONDUCT

FALSE TESTIMONY
- Finder of fact permitted to reject testimony [62-7-40]

FARM OR AGRICULTURAL LABORERS
- Workers’ compensation law not applying to [62-3-15(2)]

FEE SCHEDULE
- See MEDICAL FEE SCHEDULE

FRAUD
- Confidentiality of records [62-4-49]
- Department to order investigation [62-4-48]
- Disclosure of criminal insurance fraud [62-4-48]
- Immunity for good faith request [62-4-50]
- Injury outside of employment as [62-4-47]
- Misdemeanor, fraudulent claims as [62-4-51]
- Written request to terminate, modify or temporarily stop payments [62-4-47]

FIRST REPORT OF INJURY
- Duty of employer to file within seven days [62-6-2]
- Insurer to file copy with Department of Labor within 10 days [62-6-3]
- Misdemeanor for failure to comply [62-6-2]
- When required [62-6-2]

FUNCTIONAL CAPACITY ASSESSMENT
- Use in determining PPD or PTD [62-7-39]

HEALTH INSURANCE
- Presumption of coverage if injury non-work-related [62-1-1.3]

HEARINGS
- Decisions, filing of [62-7-13]
- Hearing officers [62-7-12.1]
- Petition for review of decision [62-7-16]
- Place of holding [62-7-13]
- Record to be kept [62-7-13]
- Right to a hearing [62-7-12]

HEARING EXAMINERS
- Disqualification of, informal request for [62-7-12.2]
- Requirement to be licensed attorney [62-7-12.1]

HEARING LOSS
- Statutes covering [62-9-1 to 62-9-15]

IMPAIRMENT
- Definition of [62-1-1.2]
- Determining using AMA Guides [62-1-1.2]

IN THE COURSE OF EMPLOYMENT
- Included in the definition of injury [62-1-1(7)]

INDEPENDENT MEDICAL EXAM
- Copy of report to employee [62-7-2]
- Employee’s physician’s right to be present [62-7-2]
- Frequency of IMEs [62-7-1]
- Obstructing exam, suspension of benefits [62-7-3]
- Purposes allowed [62-7-1]
- Refusal to submit, suspension of benefits [62-7-3]
- Requirement of employee to submit to [62-7-1]

INITIAL SELECTION OF MEDICAL PRACTITIONER
- Employee may not unreasonably refuse treatment [62-4-43]
- Employee must notify employer of initial selection [62-4-43]
- Employer not responsible for other medical services [62-4-43]
- Employee to have the right to make initial selection [62-4-43]
- Initial medical practitioner may make referrals [62-4-43]

INJURY
- Definition of [62-1-1(7)]
- Greater weight given if supported by medical findings [62-1-15]

INTOXICATION
- See WILLFUL MISCONDUCT

INSURANCE
- Certification of coverage to Department of Labor [62-5-9]
- Commissions, limitations upon [62-5-8]
- Deductibles [62-5-18 to 62-5-20]
- Duty of employer to obtain [62-5-1]
- Failure to secure as election not to operate under title [62-5-7]
- Obtaining workers’ compensation insurance [62-5-2]
- Reciprocal or interinsurance contracts [62-5-3]
- Self-insurance, requirements for obtaining authority [62-5-5]

INVESTIGATION
- Duty of insurer to perform [62-6-3]
- Extension of time to investigate [62-6-3]

JUDGES
See HEARING EXAMINERS

JUDGMENT
- Method of obtaining following decision [62-7-31]
- Modification of [62-7-32]

LEGAL FEES
- Approval by Department [62-7-36]
- Lump sum payment [62-7-36]

MAJOR CONTRIBUTING CAUSE
- Compensability of injuries combining with preexisting conditions [62-1-1(7)(b)]
- Compensability of injuries combining with preexisting work related compensable injury [62-1-1(7)(c)]
- No injury compensable unless employment is a major contributing cause [62-1-1(7)(a)]

MEDIATION
- Department of Labor conducting [62-7-37]

MEDICAL AND HOSPITAL EXPENSE
- Employer to provide necessary care [62-4-1]

MEDICAL FEE SCHEDULE
- Requirement of Department to adopt [62-7-8]

MEDICAL FINDINGS
- Evidence given greater weight if supported by [62-1-15]

MEDICAL PRACTITIONER
- Definition of [62-1-1.1]
- Duty to make medical information available [62-4-45]
- Higher fees disallowed [62-7-8.1]
- Initial selection of [62-4-43]
- Reports, requirements for submitting from first treating [62-4-44]

MEDICAL REPORTS (INFORMATION)
- Duty of medical practitioners to make information available [62-4-45]
- Penalty for medical practitioner failing to provide [62-4-45]
- Privileged communication defense not allowed [62-4-45]
- Reasonable fee for copying allowed [62-4-45]
- Requirements for submitting form from first treating medical practitioner [62-4-44]

MEDICAL TREATMENT
- Compensation barred if no medical treatment within seven years [62-7-35.3]

MENTAL INJURIES
- Definition of [62-1-1(7)(c)]
- Excluded from the definition of injury [62-1-1(7)(c)]
- Physical injury must remain a major contributing cause of [62-1-1(7)(c)]

MISCONDUCT OF EMPLOYEE
- See WILLFUL MISCONDUCT

MULTIPLE EMPLOYERS/INSURERS
- Employer/insurer to make immediate payment in case of multiple employers/insurers [62-7-38]

NOTICE
- Actual knowledge substituting for notice [62-7-10(1)]
- Claim prohibited without notice [62-7-10]
- Good cause for failure to give written notice [62-7-10(2)]
- Written notice to employer required within three days [62-7-10]

NOTICES OR ORDERS
- Method of service [62-7-30]
- Writing required [62-7-34]

OCCUPATIONAL DISEASE
- Statutes covering [62-8-1 to 62-8-48]

OFFICERS OF CORPORATIONS
- Included in the definition of employee [62-1-7]
- Rejection of coverage [62-3-5.1]

OWNER-OPERATORS
- Election for coverage [62-1-13]
- Independent contractor status of [62-1-10]
- Obtaining status as [62-1-11 to 62-1-12]

PENALTIES
- Employer’s refusal to allow inspection of records [62-6-6]
- Failure of insurer to properly deny a claim [62-6-3]
- Health care provider charging higher fees [62-7-8.1]
- Late payment of benefits, penalties for [62-4-10.1]
- Medical practitioner’s failure to provide information [62-4-45]
- Payment of not precluding other remedies [62-4-10.1]

PERMANENT PARTIAL DISABILITY
- Functional capacity assessment, use of [62-7-39]
- Installment payments [62-4-10]
- Post-offer baseline testing, use of [62-7-39]
- Scheduled injuries [62-4-6]
- Whole body impairment [62-4-6(24)]

PERMANENT TOTAL DISABILITY
- Annual increase [62-4-7]
- Burden of proof [62-4-53]
- Calculating amount of [62-4-7]
- Definition of [62-4-53]
- Functional capacity assessment, use of [62-7-39]
- Installment payments [62-4-10]
- Moving, employer to pay expenses [62-4-53]
- Post-offer baseline testing, use of [62-7-39]
- Sporadic employment resulting in an insubstantial income, defined [62-4-52]

POST-OFFER BASELINE TESTING
- Use in determining PPD or PTD [62-7-39]

PREEXISTING DISEASE OR CONDITION
- Compensability of injuries combining with [62-1-1(7)(b)]
- Current employer to pay for compensation [62-1-18]
- Discrimination in hiring based upon prohibited [62-1-17]
- Necessity for injury to remain a major contributing cause for compensability [62-1-1(7)(b)]

PREEXISTING INJURY
- Employer/insurer to make immediate payment in case of multiple employers/insurers [62-7-38]

PREEXISTING WORK RELATED COMPENSABLE INJURY
- Compensability of injuries combining with [62-1-1(7)(c)]
- Current employer to pay for compensation [62-1-18]
- Discrimination in hiring based upon prohibited [62-1-17]

PRIORITY OF RIGHTS TO COMPENSATION
- Priority the same as for unpaid wages [62-4-41]

RECIPROCITY WITH OTHER STATES
- 62-3-14

RECORDS
- Confidentiality of [62-6-5]

RECORD OF INJURIES
- Copy to be given to employee [62-6-1]
- Duty to complete within seven calendar days [62-6-1]
- Employer’s duty to maintain [62-6-1]
- Misdemeanor for failure to comply [62-6-1]
- Preservation for four years [62-6-1]
- Requirement to use Department of Labor’s form [62-6-1]
- Signature of employer required [62-6-1]

REFUSAL OF TREATMENT
- Employer not liable for aggravation of injury [62-4-43]

REHABILITATION
- See VOCATIONAL REHABILITATION

RETRAINING
- See VOCATIONAL REHABILITATION

SAFETY APPLIANCE, FAILURE TO USE
- See WILLFUL MISCONDUCT

SAFETY INFORMATION
- Requirement for employers to post [62-2-11]

SELF-INFLICTED INJURY
- See WILLFUL MISCONDUCT

SELF-INSURANCE
- Case management, requirement for self-insureds [62-5-21]
- Claims administration contracts, Department of Labor’s authority [62-5-16]
- Deposit and withdrawals of cash [62-5-14]
- Deposit of certificate of deposit or government securities [62-5-13]
- Deposit of surety bonds, letters of credit [62-5-12]
- Managed care, requirement for self-insureds [62-5-21]
- Method of securing payment of compensation [62-5-1]
- Perfected security interest in deposit [62-5-15]
- Political subdivisions exempted from security provisions [62-5-6]
- Public utilities, certificates of good financial standing [62-5-17]
- Requirements for obtaining authority [62-5-5]
- Surety for performance required [62-5-10]

SETTLEMENTS
- Approval by Department necessary [62-7-5]
- Conditions for approval [62-7-5]
- Conservator, appointment of [62-7-7]
- Lump sum,
- Duty to petition Department for [62-7-6]
- Partial lump sum payments [62-7-6]

SMALL CLAIMS PROCEDURE FOR MEDICAL EXPENSE CLAIMS
- 62-2-12 to 62-2-22

SPORADIC EMPLOYMENT
- Definition of [62-4-52(2)]

STATUTE OF LIMITATIONS
- Application of time limits to mentally ill person [62-7-35.2]
- Denial, time limit to file a petition following [62-7-35]
- Last payment of benefits, time limit to file a petition following [62-7-35.1]
- No medical treatment within seven years [62-7-35.3]

STATUTE, VIOLATION OF
- See WILLFUL MISCONDUCT

STATUTORY EMPLOYERS
- Definition of [62-3-10]
- Election to proceed against employer in tort [62-3-11]
- Requirement to pay compensation to subcontractor’s employee [62-3-10]

SUBSEQUENT EMPLOYMENT
- Compensability of subsequent injuries [62-1-1(7)(c)]

SUBSEQUENT INJURY
- Compensability of subsequent injuries
[62-1-1(7)(c)]

SUITABLE, SUBSTANTIAL AND GAINFUL EMPLOYMENT
- Defined [62-4-55]

TEMPORARY PARTIAL DISABILITY
- Calculating amount of [62-4-5]
- Installment payments [62-4-10]
- Time period for calculating [62-1-1(8)]

TEMPORARY TOTAL DISABILITY
- Calculating amount of [62-4-3 to 62-4-3.1]
- Installment payments [62-4-10]
- Time period for calculating [62-1-1(8)]
- Waiting period [62-4-2]

TERMINATION OF EMPLOYEE
- Employer civilly liable for [62-1-16]

THIRD-PARTY ACTION
- Offset [62-4-38]
- Recovery by employer allowed [62-4-39]
- Recovery by employer, excess held for employee [62-4-39]
- Reimbursement of employer [62-4-39]
- Right of employee to select [62-4-38]

UNFAIR PRACTICE
- Failure to provide reason for denial as such [62-1-1.3]

USUAL AND CUSTOMARY EMPLOYMENT
- Defined [62-4-54]

VOCATIONAL REHABILITATION
- Compensation during period of [62-4-5.1]
- Qualification for [62-4-5.1]
- Procedure for applying for [62-4-5.1]
- Suitable, substantial and gainful employment defined [62-4-55]
- Supplemental wage benefit in lieu of [62-7-41]
- Usual and customary employment, defined [62-4-54]

VOLUNTARY FIRE DEPARTMENT WORKERS
- Imputed wage for [62-1-5]
- Included in definition of employee [62-1-5]
- Requirements for volunteer firefighters to receive coverage from the state [62-1-5.2]

VOLUNTEERS
- Computing benefits for [62-1-5.1]
- Included in definition of employee [62-1-5.1]

WAGE RECORDS
- Duty of employer to keep open for inspection [62-6-4]
- Penalty for refusal to allow inspection [62-6-6]

WILLFUL MISCONDUCT
- Burden of proof on employer [62-4-37]
- Drug use constituting [62-4-37]
- Failure or refusal to use a safety appliance constituting [62-4-37]
- Failure to perform a duty required by statute constituting [62-4-37]
- False representation of physical condition [62-4-46]
- Intoxication constituting [62-4-37]
- No compensation allowed [62-4-37]
- Self-inflicted injury constituting [62-4-37]

WORK ACTIVITY PARTICIPANTS
- Workers’ compensation law not applying to
[62-3-15(3)]

WORKERS’ COMPENSATION ADVISORY COUNCIL
- [62-2-10]