Sec. 32. (a) The division shall reduce an award made under this chapter by the amount of benefits received or to be received from the following sources if those benefits result from or are in any manner attributable to the bodily injury or death upon which the award is based:
(1) Benefits from public or private pension programs, including Social Security benefits.
(2) Benefits from proceeds of an insurance policy.
(3) Benefits under IC 22-3-2 through IC 22-3-6.
(4) Unemployment compensation benefits.
(5) Benefits from other public funds, including Medicaid and Medicare.
Compensation must be further reduced or denied to the extent that the claimant's loss is recouped from other collateral sources.
(b) The division shall further reduce an award under this chapter by the following:
(1) The amount of court ordered restitution actually received by the claimant from the offender.
(2) Benefits actually received by the claimant from a third party on behalf of the offender.
(c) The division shall determine whether the claimant vigorously pursued recovery against available collateral sources described in this section.
(d) If the division finds that a claimant has failed to pursue an applicable collateral source of recovery, the division shall reduce or deny an award under this section by the amount that is available to the claimant through the collateral source.
(e) A claimant must exhaust any paid or otherwise compensated vacation leave, sick leave, personal leave, or other compensatory time accrued through an employer before applying for benefits. The division may not reimburse the claimant for the use of paid or otherwise compensated vacation leave, sick leave, personal leave, or other compensatory time.
As added by P.L.47-1993, SEC.2. Amended by P.L.7-2003, SEC.1; P.L.121-2006, SEC.14; P.L.161-2013, SEC.6; P.L.113-2014, SEC.11.
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