For an injured worker, the practical questions are why the carrier says the checks are ending, when the notice was received, and which procedure applies. The Worker’s Compensation Board’s termination guidance[2] explains the statutory grounds and objection process.
Key takeaways
- Indiana Code 22-3-3-7[3] lists five circumstances in which an employer may terminate TTD after payments have begun.
- For each listed circumstance, the employer must provide written notice to the injured worker on a Board-approved form.
- In all other cases, the employer must give written notice of the intended termination and any available employment on a Board-approved form.
- A worker who disagrees must give written notice to both the Board and the employer within seven days after receiving the notice of intent to terminate benefits.
- State Form 38911’s S1 line lists both a return to any employment and a treating physician’s release to return to work. Identify which basis the employer checked and review the attached medical documentation.
What TTD means in an Indiana claim
The Indiana Worker’s Compensation Board’s employee FAQ[4] describes a worker who is unable to work as temporarily totally disabled and states that the weekly benefit is two-thirds of the worker’s average weekly wage for the preceding 52 weeks, subject to the statutory maximum.
For a broader overview, see our Indiana workers’ compensation overview and our Fort Wayne workers’ compensation practice page.
The five statutory reasons Indiana TTD may end
The Board’s official termination guidance reproduces the five circumstances in Indiana Code 22-3-3-7[1]. For each listed circumstance, the employer must provide written notice to the injured worker on a Board-approved form.
| Statutory circumstance | Delventhal’s practical document check |
|---|---|
| The employee has returned to any employment. | Confirm the actual return date, employer, job, hours, and wages. |
| The employee has died. | Identify the date and preserve the claim and payment records. |
| The employee has refused an examination under Indiana Code 22-3-3-6[5] or refused suitable employment under Indiana Code 22-3-3-11[6]. | Save the examination request or written job offer and the response. |
| The employee has received 500 weeks of TTD or has been paid the maximum compensation allowed under Indiana Code 22-3-3-22[7]. | Request a complete payment history and verify the dates and totals. |
| The employee is unable or unavailable to work for a reason unrelated to the compensable injury. | Identify the exact unrelated reason asserted by the employer or carrier. |
The second column is Delventhal Law Office’s organization guidance, not an additional statutory test. Compare the checked reason with the notice, attached medical documentation, job offer, and payment history actually provided.
Written notice and the seven-day objection period
Indiana Code 22-3-3-7[3] requires the employer to give written notice on a Board-approved form in each of the five listed circumstances. In all other cases, the statute requires the employer to notify the worker in writing of the intent to terminate TTD and of the availability of employment, if any, on a Board-approved form.
The official State Form 38911, Termination of Benefits/Request for IME[8], tells a worker who disagrees with a proposed termination to complete, sign, and send a copy to both the Board and the employer within seven days of receipt.
The current R9 form says four additional days of TTD are owed if termination is not based on one of the five statutory reasons. It says Board filing should preferably use the online Dispute Termination of Benefits[9] service and says not to mail the form to the Board unless the worker lacks internet access. The form still requires notice to both the Board and the employer.
The Board’s termination guidance says that, after a timely disagreement, the Board determines whether an independent medical examination is appropriate. It also says TTD may be terminated if the examiner finds that the worker is no longer temporarily disabled, can return to employment the employer has made available, or fails or refuses to appear for the examination.
The objection period is seven days from receipt. Delventhal suggests recording when and how the notice arrived and preserving the notice, envelope or electronic delivery record, attached medical documentation, and proof of the objection sent to both recipients.
What to do if your TTD checks stop
The following is Delventhal Law Office’s practical organization checklist. Use it to gather documents before following the applicable official process.
- Identify the stated reason. Save the termination form and every attached medical report or job offer.
- Mark the receipt date. The seven-day objection period runs from receipt of the notice of intent to terminate benefits.
- Compare the records. Check the selected reason against the current work-status note, actual return-to-work information, job terms, and payment history.
- Use the official process if you disagree. Follow State Form 38911 and the Board’s current filing instructions, including notice to both the Board and employer.
- Review the available dispute paths. The Board says its informal dispute process begins with a Request for Assistance, State Form 45442; an unresolved matter may require the formal hearing process.
You can review our guides to a Request for Assistance and an Application for Adjustment of Claim. If the dispute concerns a return-to-work offer, our explanation of light duty and work restrictions may help you organize the relevant records.
What does the Board say about maximum medical improvement and an IME?
The Board’s employee FAQ says that a worker whose doctor says the worker has reached maximum medical improvement and whose compensation is terminated may request an independent medical examination from the Board through the termination form or the Board’s ombudsman division.
This is why the notice, checked termination reason, attached medical documentation, and receipt date should be reviewed together.
Frequently Asked Questions
Is written notice required when Indiana TTD stops?
Yes. Indiana Code 22-3-3-7[3] requires written notice on a Board-approved form for each of the five listed circumstances and requires written notice of the intended termination and available employment, if any, in all other cases.
How long do I have to object to a proposed TTD termination?
The Board and State Form 38911 say the worker must give written notice of disagreement to both the Board and the employer within seven days after receiving the notice of intent to terminate benefits.
Can TTD stop if I return to light duty?
Returning to any employment is one of the five circumstances listed in Indiana Code 22-3-3-7[3].
Can TTD stop if I refuse a job offer?
Indiana Code 22-3-3-7[3] includes refusal of suitable employment under Indiana Code 22-3-3-11[10] among the five listed circumstances. Section 11 addresses employment suitable to a partially disabled employee’s capacity, possible Board findings that a refusal was justifiable, and prescribed notice.
Can I request an independent medical examination?
The Board says a worker may request an independent medical examination through the termination-objection process when compensation is terminated after a doctor says the worker has reached maximum medical improvement.
If your Indiana TTD checks stopped or you received a termination notice, you may request a free case evaluation so Delventhal Law Office can determine whether the firm can assist.
This article provides general information, not legal advice. Do not send confidential or time-sensitive information until the firm confirms representation.
Sources
- Indiana Code 22-3-3-7 (iga.in.gov) ↩
- Worker’s Compensation Board’s termination guidance (in.gov) ↩
- Indiana Code 22-3-3-7 (iga.in.gov) ↩
- Indiana Worker’s Compensation Board’s employee FAQ (in.gov) ↩
- Indiana Code 22-3-3-6 (iga.in.gov) ↩
- Indiana Code 22-3-3-11 (iga.in.gov) ↩
- Indiana Code 22-3-3-22 (iga.in.gov) ↩
- State Form 38911, Termination of Benefits/Request for IME (in.gov) ↩
- Dispute Termination of Benefits (wcbgateway.wcb.in.gov) ↩
- Indiana Code 22-3-3-11 (iga.in.gov) ↩
