Section 31IAC5-9-26. Tortious acts within scope of employment

   (a) An employee who, in the scope of state employment, is disabled by injuries resulting from the tortious act of another person, shall receive one hundred percent (100%) of his or her base biweekly wage.

  (b) A seven (7) calendar day elimination (waiting) period applies to this benefit. 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 from the date of the job related injury.

  (d) After exhaustion of this benefit, the 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) The employee cannot receive both this benefit and salary continuation under worker's compensation simultaneously.

  (f) The period of time an employee is eligible for temporary total disability payments or total permanent disability payments is reduced by the amount of time he or she received benefits under this section. (State Personnel Department; 31 IAC 5-9-26; filed May 10, 2012, 2:32 p.m.: 20120606-IR-031110446FRA)