Ky. Rev. Stat. Ann. ch. 342 – Workers' Compensation | Midpage

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Kentucky Revised Statutes

Chapter 342

Ky. Rev. Stat. Ann. ch. 342

Workers' Compensation

Commonwealth of Kentucky

342.0011Definitions for chapter.342.0015Application of 1996 (1st Extra. Sess.) Ky. Acts ch. 1.342.012Business owners -- Election to be included as employees -- Qualified partners and members, nonqualified partners and members, and limited liability company defined -- Provision of partnership agreement or articles of organization upon request.342.019Coverage of chiropractic services.342.020Medical treatment at expense of employer -- Duration of employer's obligation -- Continuation of benefits -- Selection of physician and hospital -- Payment -- Managed health care system -- Artificial members and braces -- Waiver of privilege -- Disclosure of interest in referrals -- Urine drug screenings -- Pharmacist services and procedures.342.033Definition of "physician" for section -- Medical evidence -- Limitation -- Form.342.035Administrative regulations -- Medical fee schedule -- Review and updating -- Action for excess fees -- Effect of failure to submit to or follow surgical or medical treatment or advice -- Certification to commissioner -- Audit -- Utilization review -- Report -- Copies of records -- Practice parameters and evidence-based guidelines -- Formulary -- Medical fee schedule for registered nurse first assistants.342.038Employer to keep record of injuries -- Reports required to be filed.342.039Filing of detailed claim information by each insurance company, self-insured group, and employer carrying its own risk.342.040Time of payment of income benefits and retraining incentive benefits -- Attorney's fees for recovery of overdue temporary total disability income benefits -- Interest on overdue benefits.342.065Certain minors considered sui juris.342.075Determination of dependency.342.085Definition of certain dependents.342.090Payment of death benefits in good faith -- Release of payor from liability.342.118Department of Workers' Claims -- Commissioner -- Organizational units -- Chief administrative law judge.342.120Division of Workers' Compensation Funds -- Fund's liability for claims occurring after December 12, 1996 -- Payment of settlements for income benefits -- Transfer of responsibilities from division to Kentucky Employers' Mutual Insurance Authority.342.122Special fund assessments -- Annual adjustments -- Quarterly payments -- Electronic remittance -- Reports -- Central claim registry.342.1221Penalty and interest on late payment of assessments and expenses -- Waiver.342.1222Refunds or credits on canceled or returned premiums.342.1223Kentucky Workers' Compensation Funding Commission -- Commission's relationship with Office of Financial Management within the Finance and Administration Cabinet.342.1224Board of directors of funding commission.342.1225Annual audit of commission's financial statements.342.1226Special fund and funding commission to share books, records, documents and information.342.1227Loan or transfer of funds of funding commission prohibited.342.1228Funding commission exempt from reorganization powers of Governor.342.1229Benefit reserve fund.342.1231Payment for assessment, penalty and interest, and expenses -- Procedure for protesting special fund assessments -- Expenses of audits, how paid -- Mailing of assessment notice -- Documents relevant to reports and audits -- Notice and payment of refund -- Penalty for late payment.342.1232Use of administrative savings from 1996 (1st Extra. Sess.) Ky. Acts ch. 1.342.1240Legislative findings and declaration of intent regarding the Kentucky coal workers' pneumoconiosis fund.342.1242Kentucky coal workers' pneumoconiosis fund -- Liability for and manner of making payments for awards for coal workers' pneumoconiosis -- Assessments to finance fund -- When assessments cease -- Distribution of excess assessments to employers -- Reimbursement of funding commission by Kentucky Employers' Mutual Insurance Authority.342.1243Transfer of the administration, assets, and liabilities of the Kentucky coal workers' pneumoconiosis fund -- Assessments on employers -- Abolition of fund.342.125Reopening and review of award or order -- Grounds -- Procedures -- Time limitations -- Credit for previously-awarded retraining incentive benefits or income benefits awarded for coal-related pneumoconiosis.342.130Compensation of alien dependents.342.135Notice, how served -- Notice to nonresident alien.342.140Computation of employee's average weekly wage.342.143Method for determining the average weekly wage of the state.342.155Payment of lump-sum compensation to trustee.342.160Payments to certain dependents for others -- Effect of legal disability of dependent.342.165Increase or decrease in compensation for failure to comply with safety law -- Compensation not payable if employee falsely represents physical condition or medical history at time of employment.342.175Lien for compensation.342.180Compensation claim not assignable -- Exempt from debts -- Exception.342.185Notice of accident -- Claim for compensation -- Limitation -- Cumulative trauma injury.342.190Notice and claim to be in writing -- Contents.342.195Notice and claim -- How served.342.197Discrimination against employees who have filed claims or who have a diagnosis of coal-related pneumoconiosis -- Civil remedies.342.200Certain defects or failure to give notice not to bar compensation.342.205Right of employer to require continued physical examination -- Payment of cost of examination -- Effect of employee's refusal -- Statement of earnings to be furnished at request of party.342.210Limitation of time not to run against minors or incompetents.342.213Workers' Compensation Nominating Committee -- Membership -- Duties with respect to appointments.342.215Workers' Compensation Board -- Authority -- Appointment -- Qualifications -- Term -- Vacancies -- Retirement system coverage.342.220Oath of Board Members.342.228Responsibilities of the Department of Workers' Claims -- Selection and qualifications of commissioner.342.229Claimant records -- Limitation on inspection.342.230Employees of the Department of Workers' Claims -- Duties of commissioner -- Appointment, qualifications, terms, and duties of administrative law judges -- Exemption of administrative law judges from classified service -- Removal provisions -- Vacancies -- Chief administrative law judge.342.231Monthly reports.342.232Quarterly reports on insurance guaranty funds, Kentucky coal workers' pneumoconiosis fund, and the status of KRS Chapter 342.342.235Traveling expenses.342.240Office -- Equipment -- Seal -- Sessions -- Venue of certain proceedings.342.245Record of proceedings.342.260Permitted and required departmental administrative regulations -- Adoption of life expectancy tables -- Processes and procedure -- Subpoenas -- Duties of sheriff and Circuit Court.342.262Legislative findings -- Commissioner to give recommendation on new edition of "Guides to the Evaluation of Permanent Impairment" -- Approval of General Assembly required to effectuate.342.265Compensation agreement -- Approval by administrative law judge -- Lump-sum payments -- Reopening as remedy for disagreement -- Abatement of application for resolution.342.267Unfair claims settlement practices -- Penalties.342.270Application for resolution of claim -- Joinder -- Assignment to administrative law judge -- Administrative regulations for procedures for resolution of claims.342.275Benefit review by administrative law judge -- Determination -- Procedures -- Deadline.342.276Mediation program.342.277Alternative dispute resolution.342.281Petition for reconsideration -- Contents -- Response -- Decision.342.285Appeal to Workers' Compensation Board -- Remanding claim to administrative law judge.342.290Review by Court of Appeals.342.295Safekeeping, transporting and return of original record of board.342.300Continuation of award pending appeal -- Suspension.342.305Enforcement by Circuit Court of agreement, order, decision, or award.342.310Assessment of cost of unreasonable proceedings -- Restitution.342.315Medical evaluations by university medical schools and "B" readers -- Procedures -- Report -- Payment of costs -- Performance assessment of medical schools -- Use of telehealth.342.316Liability of employer and previous employers for occupational disease -- Claims procedure -- Administrative regulations -- Time limitations on claims -- Determination of liable employer -- Audit -- Amount of compensation -- Effect of concluded coal workers' pneumoconiosis claim.342.318Application of provisions of KRS 342.316(4) to certain asbestos-related disease claims.342.320Approval of attorney's and physician's fees and hospital charges -- Limits on attorney's fees -- Payment of attorney fees -- Form indicating payment method selected -- Award by administrative law judge -- Fees for representing employers.342.325Questions not settled by agreement of parties determined by administrative law judge.342.329Division of Ombudsman and Workers' Compensation Specialist Services -- Functions -- Ombudsman program -- Toll-free telephone access.342.335Fraud and misrepresentation in filing or delaying the filing of claims and in receiving or providing services or benefits -- Penalties.342.340Employer to insure or provide security against liability to workers.342.342Annual review of individual self-insurance administrative regulations -- Annual report on financial soundness of self-insurers and self-insurance groups -- Division of Security and Compliance expansion.342.345Certificate of individual self-insurance -- Revocation -- New certificate -- Effect of revocation.342.347Examination of finances of individual self-insureds -- Annual statement of financial condition -- Role of Department of Insurance.342.350Mutual insurance associations and reciprocal or interinsurance exchanges for compensation claims -- Reinsurance -- Self-insured groups -- Power to contract, sue, and be sued. (Effective until July 15, 2027)342.352Voluntary programs for integrated management of employer's worker compensation and group health insurance claims -- Twenty-four hour coverage.342.360Agreements in policy as to notice -- Jurisdiction and liability of insurer.342.365Policy to waive improper notice and be direct promise to employee.342.375Policy to cover entire liability of employer -- Separate policy for specified plant or location may be authorized.342.380Commissioner of Department of Insurance to approve policy -- Review -- Appeal.342.382Report of workers' compensation experience.342.390Employer's election to operate under chapter 342.395Employee deemed to have accepted provisions of chapter -- Employee's written notice of rejection -- Withdrawal of election.342.400Notice of employee's rejection to be preserved.342.402Restraining or enjoining of operations of employer.342.420Employee not to pay premium for compensation.342.425Attorneys required to represent department, its employees, the board, or administrative law judges.342.430Blank forms to be furnished by commissioner.342.435Commissioner's annual report.342.447Insurance companies' payments of amounts collected for taxes and assessments of Kentucky Reinsurance Association or Department of Revenue mandatory -- Audits to ensure compliance.342.460Withdrawal from business in Kentucky before special fund assessments and other taxes fall due or failure to pay tax -- Collection -- Attorney's fees.342.465Persons not to act for unauthorized insurance company nor to make false statement or return.342.470How notice may be given to insurance carrier.342.610Liability for compensation -- Contractor and subcontractor -- Limitation of liability if employee intended to kill or injure self or another -- Illegal substances -- Employer's intention to produce injury or death -- Builder's proof of coverage required for issuance of building permit -- Notice required to be posted by employers.342.630Coverage of employers.342.640Coverage of employees.342.650Exemptions of particular classes of employees from coverage.342.660Voluntary coverage.342.670Extraterritorial coverage.342.680Presumptions in the case of death or of physical or mental inability to testify.342.690Exclusiveness of liability.342.700Remedies when third party is legally liable -- Liability and indemnification rights of principal contractors, intermediates, and subcontractors -- Requirement of waiver of remedies for award of contract unlawful.342.710Rehabilitation rights, duties, and procedures -- Acceleration of benefits.342.715Calculation of benefits during participation in vocational or physical rehabilitation program.342.730Determination of income benefits for disability -- Survivors' rights -- Termination -- Offsets -- Notification of return to work -- Professional athletes.342.7305Compensability of occupational hearing loss -- Authority for administrative regulations -- Rebuttable presumption as to employer liability.342.732Income benefits and retraining incentive benefits for coal workers' pneumoconiosis -- Referral to Office of Vocational Rehabilitation -- Administrative regulations -- Online portal.342.734Mandated administrative regulations on medical services.342.735Additional authority for administrative regulations on expediting payment of temporary total disability benefits, use of managed care, and expediting payment for and resolution of disputes concerning medical benefits.342.740Determination of average weekly wage -- Adjustment in weekly maximum and minimum income benefits for disability.342.750Income benefits for death -- Additional lump-sum payment for deaths occurring within four years of injury.342.760Uninsured employers' fund.342.765Administration of fund -- Transfer of reimbursement funds -- Reports.342.770Determination of employer's compliance -- Recording certificate constituting a lien in favor of uninsured employer's fund.342.780Joinder of uninsured employers' fund.342.790Award against noncomplying employer as a liquidated claim for damages -- Action by Attorney General for uninsured employers' fund.342.792Consideration, reopening, and filing of claims of miners who were last exposed to hazards on certain dates -- Benefits.342.794"B" reader list.342.796Notice of education and training opportunities.342.801Legislative findings and intent.342.803Kentucky Employers' Mutual Insurance Authority.342.805Definitions for KRS 342.801 to 342.843.342.807Board of directors.342.809Election of officers -- Quorum -- Compensation -- Ex officio members of board.342.811Powers and duties of board.342.813Manager -- Qualifications -- Powers and duties -- Bond.342.815Insurance coverage provisions.342.817Rating plans, rates, and underwriting standards for different classes of risks -- Competitive nature and filing requirement for rates -- Annual report on status of surplus.342.819Dividends.342.821Quarterly reports of assets and liabilities.342.823Discounting not to be used in determining solvency -- Authority's reports -- Annual statement of solvency -- Circumstances permitting contract audit with certified public accountant -- Discretionary levy and enforcement of assessments.342.825Investments.342.827Statistical and actuarial data to be maintained.342.829Funding of authority -- Restrictions on use of funds.342.831Marketing and sales agents -- Commissions.342.833Workplace safety program for policyholders -- On-site examinations.342.835Board member, manager, or employee exempt from personal liability for official acts.342.837Compliance with Executive Branch Code of Ethics -- Conflicts of interest.342.839Applicability of specified provisions of law.342.841Applicability of open meetings and open records provisions.342.843Monitoring of operations of authority by Attorney General and Auditor of Public Accounts -- Report to General Assembly.342.900Legislative findings and declarations.342.902Definitions for KRS 342.900 to 342.912.342.904Exemption of public-sector self-insured employers and self-insurance groups.342.906Guaranty funds -- Required participation -- Purpose -- Operating procedures -- Use of moneys -- Liability for actions.342.908Default or insolvency of fund member -- Assumption of obligations by fund -- Assessments to finance funds -- Limitation on income distributions -- Effect of payment on liability to fund for reimbursement. (Effective until July 15, 2026)342.910Rights and responsibilities of funds as to payments made, due, or recoverable.342.912Annual audit -- Annual report -- Deadline for establishment -- Events causing fund's liability for payment of benefits.342.920Self-insurance fund for payments to workers' compensation claimants injured before March 1, 1997.342.990Penalties -- Restitution.