Sec. 23. (a) Any payments made by the employer to the injured employee during the period of the employee’s disability, or to the employee’s dependents, which by the terms of IC 22-3-2 through IC 22-3-6 were not due and payable when made, may, subject to the approval of the worker’s compensation board, be deducted from the amount to be paid as compensation. However, the deduction shall be made from the distal end of the period during which compensation must be paid, except in cases of temporary disability.

     (b) Payments to state employees under the terms of IC 5-10-8-7(d)(5) or IC 5-10-8-25 shall be taken as a credit by the state against payments of compensation for temporary total disability during the time period in which the employee is eligible for compensation under both:

(1) IC 5-10-8-7(d)(5) or IC 5-10-8-25; and

(2) section 8 of this chapter.

After a state employee is ineligible for payments under IC 5-10-8-7(d)(5) or IC 5-10-8-25 and if the employee is still eligible for payments for temporary total disability under section 8 of this chapter, any payments for temporary total disability shall be deducted from the amount of compensation payable under section 10 of this chapter. Payments to state employees under the terms of IC 5-10-8-7(d)(5) or IC 5-10-8-25 may not be deducted from compensation payable under section 10 of this chapter.

Formerly: Acts 1929, c.172, s.41. As amended by Acts 1976, P.L.113, SEC.1; P.L.28-1988, SEC.29; P.L.1-1994, SEC.107; P.L.119-2022, SEC.7.