Section 31 IAC 5-9-26 - Tortious acts within scope of employmentAuthority: IC 4-15-2.2-19; IC 5-10-8-7
Affected: IC 4-15; IC 22-3-2
Sec. 26.
(a) An employee who, in the scope of state employment, is disabled by injuries resulting from the tortious act of another person, is entitled to one hundred percent (100%) of their base biweekly wage. For purposes of this rule, a correctional officer's base biweekly wage is determined using the number of hours the officer is typically scheduled to work during a pay period, excluding premium overtime.(b) A seven (7) calendar day elimination period applies to benefits under this section. During the elimination period, the employee may use accrued leave benefits.(c) The maximum duration of benefits under this section is one (1) calendar year after the date of a job related injury.(d) After benefits under this section have ended, an employee is eligible for salary continuation under worker's compensation or long term disability. In this situation, long term disability benefits may be provided for the maximum duration allowed by section 12 of this rule, subject to the termination and other provisions of this rule.(e) An employee cannot receive both the benefits under this section and salary continuation under worker's compensation at the same time.(f) The time an employee is eligible for temporary total disability payments or total permanent disability payments is reduced by the amount of time they received benefits under this section.State Personnel Department; 31 IAC 5-9-26; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRAReadopted filed 6/1/2018, 9:50 a.m.: 20180627-IR-031180194RFAFiled 8/19/2024, 5:25 p.m.: 20240918-IR-031240179FRA