Kentucky Revised Statutes (Last Updated: May 10, 2014) |
TITLE XXVII. LABOR AND HUMAN RIGHTS |
CHAPTER 342. WORKERS' COMPENSATION |
001. Repealed, effective January 1, 1973. [Repealed] |
0011. Definitions for chapter. |
0012. Workers' Compensation Advisory Council. |
0015. Application of 1996 (1st Extra. Sess.) Ky. Acts ch. 1. |
002. Repealed, 1966. [Repealed] |
003. Repealed, 1973 [Repealed] |
004. Repealed, 1980. [Repealed] |
005. Repealed, effective January 1, 1973. [Repealed] |
006. Repealed, 1966. [Repealed] |
007. Repealed, 1966. [Repealed] |
008. Repealed, 1966. [Repealed] |
009. Repealed, 1966. [Repealed] |
010. Repealed, effective June 1, 1973. [Repealed] |
011. Repealed, 1956. [Repealed] |
012. Business owners -- Election to be included as employees -- Qualified partners and members and nonqualified partners and members defined. |
015. Repealed, effective January 1, 1973. [Repealed] |
016. Repealed, 1972. [Repealed] |
017. Repealed, effective January 1, 1973. [Repealed] |
019. Coverage of chiropractic services. |
021. Repealed, effective January 1, 1973. [Repealed] |
025. Repealed, effective January 1, 1973. [Repealed] |
030. 342.030 Repealed, 1970. |
033. Medical evidence -- Limitation -- Form. |
038. Employer to keep record of injuries -- Reports required to be filed. |
039. Filing of detailed claim information by each insurance company, self-insured group, and employer carrying its own risk. |
040. Time 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. |
045. Repealed, effective January 1, 19973. [Repealed] |
050. Repealed, effective January 1, 1973. [Repealed] |
055. Repealed, effective January 1, 1973. [Repealed] |
060. Repealed, effective January 1, 1973. [Repealed] |
065. Certain minors considered sui juris. |
070. Repealed effective January 1, 1973. |
075. Determination of dependency. |
080. Repealed effective January 1, 1973. |
085. Definition of certain dependents. |
090. Payment of death benefits in good faith -- Release of payor from liability. |
095. Repealed, effective January 1, 1973. [Repealed] |
100. Repealed, effective January 1, 1973. [Repealed] |
105. Repealed, effective January 1, 1973. [Repealed] |
110. Repealed, effective January 1, 1973. [Repealed] |
111. Repealed, effective January 1, 1973. [Repealed] |
113. Repealed, effective January 1, 1973. [Repealed] |
115. Repealed, 1970. [Repealed] |
120. Division of Workers' Compensation Funds -- Fund's liability for claims occurring after December 12, 1996 -- Payment of settlements for income benefits. |
1201. Repealed, 1996. [Repealed] |
1202. Repealed, 1996. [Repealed] |
121. Repealed, 1996. [Repealed] |
122. Special fund assessments -- Annual adjustments -- Reports -- Central claim registry. |
1221. Penalty and interest on late payment of assessments -- Waiver. |
1222. Refunds or credits on canceled or returned premiums. |
1223. Kentucky Workers' Compensation Funding Commission. |
1224. Board of directors of funding commission. |
1225. Annual audit of commission's financial statements. |
1226. Special fund and funding commission to share books, records, documents and information. |
1227. Loan or transfer of funds of funding commission prohibited. |
1228. Funding commission exempt from reorganization powers of Governor. |
1229. Benefit reserve fund. |
123. Repealed, 1987. [Repealed] |
1231. Procedure for protesting special fund assessments -- Expenses of audits, how paid. |
1232. Use of administrative savings from 1996 (1st Extra. Sess.) Ky. Acts ch. 1. |
124. Repealed, 1990. [Repealed] |
1241. Legislative findings and declarations on Kentucky coal workers' pneumoconiosis fund. |
1242. Kentucky coal workers' pneumoconiosis fund -- Liability for and manner of making payments for awards for coal workers' pneumoconiosis -- Assessments to finance fund. |
130. Compensation of alien dependents. |
135. Notice, how served -- Notice to nonresident alien. |
140. Computation of employee's average weekly wage. |
143. Method for determining the average weekly wage of the state. |
145. Repealed, effective January 1, 1973. [Repealed] |
150. Repealed, 1996. [Repealed] |
155. Payment of lump-sum compensation to trustee. |
160. Payments to certain dependents for others -- Effect of legal disability of dependent. |
165. Increase 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. |
170. Repealed, effective January 1, 1973. [Repealed] |
175. Lien for compensation. |
180. Compensation claim not assignable -- Exempt from debts -- Exception. |
185. Notice of accident -- Claim for compensation -- Limitation. |
186. Repealed, 1980. [Repealed] |
190. Notice and claim to be in writing -- Contents. |
195. Notice and claim -- How served. |
197. Discrimination against employees who have filed claims or who have a diagnosis of coal-related pneumoconiosis -- Civil remedies. |
200. Certain defects or failure to give notice not to bar compensation. |
205. Right 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. |
210. Limitation of time not to run against minors or incompetents. |
213. Workers' Compensation Nominating Commission -- Membership -- Duties with respect to appointments. |
215. Workers' Compensation Board -- Authority -- Appointment -- Qualifications -- Term -- Vacancies -- Retirement system coverage. |
220. Oath of Board Members. |
225. Repealed, 1964. [Repealed] |
228. Responsibilities of Department of Workers' Claims -- Selection and qualifications of commissioner. |
229. Claimant records -- Limitation on inspection. |
231. Monthly reports. |
232. Quarterly reports on insurance guaranty funds, Kentucky coal workers' pneumoconiosis fund, and the status of KRS Chapter 342. |
235. Traveling expenses. |
240. Office -- Equipment -- Seal -- Sessions -- Venue of certain proceedings. |
245. Record of proceedings. |
250. Repealed, effective January 1, 1973 [Repealed] |
255. Repealed, 1987 [Repealed] |
260. Commissioner's authority to promulgate administrative regulations -- Adoption of life expectancy tables -- Processes and procedure -- Subpoenas -- Duties of sheriff and Circuit Court. |
262. Legislative findings -- Commissioner to give recommendation on new edition of "Guides to the Evaluation of Permanent Impairment" -- Approval of General Assembly required to effectuate. |
265. Compensation agreement -- Approval by administrative law judge -- Lump-sum payments -- Reopening as remedy for disagreement -- Abatement of application for resolution. |
267. Unfair claims settlement practices -- Penalties. |
270. Application for resolution of claim -- Joinder -- Assignment to administrative law judge -- Administrative regulations for procedures for resolution of claims. |
275. Benefit review by administrative law judge -- Determination -- Procedures -- Deadline. |
276. Mediation program. |
277. Alternative dispute resolution. |
280. Repealed, 1964. [Repealed] |
281. Petition for reconsideration -- Contents -- Response -- Decision. |
285. Appeal to Workers' Compensation Board -- Remanding claim to administrative law judge. |
290. Review by Court of Appeals. |
295. Safekeeping, transporting and return of original record of board. |
300. Continuation of award pending appeal -- Suspension. |
305. Enforcement by Circuit Court of agreement, order, decision, or award. |
310. Assessment of cost of unreasonable proceedings -- Restitution. |
315. Medical evaluations by university medical schools -- Procedures -- Report -- Payment of costs -- Performance assessment of medical schools. |
317. Repealed, 1980. [Repealed] |
318. Application of provisions of KRS 342.316(4) to certain asbestos-related disease claims. |
320. Approval of attorney's and physician's fees and hospital charges -- Limits on attorney's fees -- Payment of attorney fees. |
325. Questions not settled by agreement of parties determined by administrative law judge. |
329. Division of Ombudsman and Workers' Compensation Specialist Services -- Functions -- Ombudsman program -- Toll-free telephone access. |
330. Repealed, 1976. [Repealed] |
335. Fraud and misrepresentation in filing or delaying the filing of claims and in receiving or providing services or benefits -- Penalties. |
340. Employer to insure or provide security against liability to workers -- Notification required. |
345. Certificate of individual self-insurance -- Revocation -- New certificate -- Effect of revocation. |
347. Examination of finances of individual self-insureds -- Annual statement of financial condition -- Role of Department of Insurance. |
350. Mutual insurance associations and reciprocal or interinsurance exchanges for compensation claims -- Reinsurance -- Self-insured groups -- Power to contract, sue, and be sued. |
352. Voluntary programs for integrated management of employer's worker compensation and group health insurance claims -- Twenty-four hour coverage. |
355. Repealed, effective January 1, 1973. [Repealed] |
360. Agreements in policy as to notice -- Jurisdiction and liability of insurer. |
365. Policy to waive improper notice and be direct promise to employee. |
370. Repealed, 1952. [Repealed] |
375. Policy to cover entire liability of employer -- Separate policy for specified plant or location may be authorized. |
380. Commissioner of Department of Insurance to approve policy -- Review -- Appeal. |
382. Report of workers' compensation experience. |
385. Repealed, 1946 and 1948. [Repealed] |
390. Employer's election to operate under chapter |
395. Employee deemed to have accepted provisions of chapter -- Employee's written notice of rejection -- Withdrawal of election. |
400. Notice of employee's rejection to be preserved. |
402. Restraining or enjoining of operations of employer. |
405. Repealed, effective January 1, 1973. [Repealed] |
410. Repealed, effective January 1, 1973. [Repealed] |
415. Repealed, effective January 1, 1973. [Repealed] |
420. Employee not to pay premium for compensation. |
425. Attorneys required to represent department, its employees, the board, or administrative law judges. |
430. Blank forms to be furnished by commissioner. |
435. Commissioner's annual report. |
440. Repealed, effective January 4, 1988. [Repealed] |
445. Repealed, effective January 4, 1988. [Repealed] |
447. Insurance companies' payments of amounts collected for taxes and assessments of Kentucky Reinsurance Association or Department of Revenue mandatory -- Audits to ensure compliance. |
450. Repealed, effective January 4, 1988. [Repealed] |
455. Repealed, effective January 4, 1988.. [Repealed] |
460. Withdrawal from business in Kentucky before special fund assessments and other taxes fall due or failure to pay tax -- Collection -- Attorney's fees. |
465. Persons not to act for unauthorized insurance company nor to make false statement or return. |
470. How notice may be given to insurance carrier. |
475. Repealed, effective January 4, 1988. [Repealed] |
480. Repealed, effective January 4, 1988. [Repealed] |
485. Repealed, 1972. [Repealed] |
490. Repealed, effective December 29, 1987. [Repealed] |
495. Repealed, 2010. [Repealed] |
500. Repealed, 2010. [Repealed] |
505. Repealed, 2010. [Repealed] |
510. Repealed, 2010. [Repealed] |
515. Repealed, 2010. [Repealed] |
520. Repealed, 2010. [Repealed] |
525. Repealed, 2010. [Repealed] |
530. Repealed, 2010. [Repealed] |
535. Repealed, 2010. [Repealed] |
540. Repealed, 2010. [Repealed] |
545. Repealed, 2010. [Repealed] |
550. Repealed, 2010. [Repealed] |
555. Repealed, 2010. [Repealed] |
610. Liability for compensation -- Builder's proof of coverage required for issuance of building permit -- Notice required to be posted by employers. |
615. Registration of employee leasing companies -- Coverage requirements for lessees -- Status of temporary help service. |
620. Renumbered as KRS 342.0011, effective 1987. [Renumbered] |
630. Coverage of employers. |
640. Coverage of employees. |
650. Exemptions of particular classes of employees from coverage. |
660. Voluntary coverage. |
670. Extraterritorial coverage. |
680. Presumptions in the case of death or of physical or mental inability to testify. |
690. Exclusiveness of liability. |
710. Rehabilitation rights, duties, and procedures -- Acceleration of benefits. |
715. Calculation of benefits during participation in vocational or physical rehabilitation program. |
720. Repealed, 1996 [Repealed] |
730. Determination of income benefits for disability -- Survivors' rights -- Termination -- Offsets -- Notification of return to work. |
7305. Compensability of occupational hearing loss -- Authority for administrative regulations -- Rebuttable presumption as to employer liability. |
732. Income benefits and retraining incentive benefits for coal workers' pneumoconiosis -- Referral to Office of Vocational Rehabilitation -- Administrative regulations. |
734. Mandated administrative regulations on medical services. |
740. Determination of average weekly wage -- Adjustment in weekly maximum and minimum income benefits for disability. |
750. Income benefits for death -- Additional lump-sum payment for deaths occurring within four years of injury. |
760. Uninsured employers' fund. |
765. Administration of fund -- Transfer of reimbursement funds -- Reports. |
770. Determination of employer's compliance -- Recording certificate constituting a lien in favor of uninsured employer's fund. |
780. Joinder of uninsured employers' fund. |
790. Award against noncomplying employer as a liquidated claim for damages -- Action by Attorney General for uninsured employers' fund. |
792. Consideration, reopening, and filing of claims of miners who were last exposed to hazards on certain dates -- Benefits -- Administrative regulations. |
794. "B" reader list -- Consensus classifications -- Report evaluating physicians on list -- Removal of physicians. |
796. Notice of education and training opportunities. |
800. Repealed, 1994. [Repealed] |
Employers' Mutual Insurance Authority |
801. Legislative findings and intent. |
803. Kentucky Employers' Mutual Insurance Authority. |
805. Definitions for KRS 342.801 to 342.843. |
807. Board of directors. |
809. Election of officers -- Quorum -- Compensation -- Ex officio members of board. |
811. Powers and duties of board. |
813. Manager -- Qualifications -- Powers and duties -- Bond. |
815. Insurance coverage provisions. |
817. Rating plans, rates, and underwriting standards for different classes of risks -- Competitive nature and filing requirement for rates -- Annual report on status of surplus. |
819. Dividends. |
821. Quarterly reports of assets and liabilities. |
825. Investments. |
827. Statistical and actuarial data to be maintained. |
829. Funding of authority -- Restrictions on use of funds. |
831. Marketing and sales agents -- Commissions. |
833. Workplace safety program for policyholders -- On-site examinations. |
835. Board member, manager, or employee exempt from personal liability for official acts. |
837. Compliance with Executive Branch Code of Ethics -- Conflicts of interest. |
839. Applicability of specified provisions of law. |
841. Applicability of open meetings and open records provisions. |
843. Monitoring of operations of authority by Attorney General and Auditor of Public Accounts -- Report to General Assembly. |
Self-Insurance Guaranty Funds |
900. Legislative findings and declarations. |
902. Definitions for KRS 342.900 to 342.912. |
904. Exemption of public-sector self-insured employers and self-insurance groups. |
906. Guaranty funds -- Required participation -- Purpose -- Operating procedures -- Use of moneys -- Liability for actions. |
910. Rights and responsibilities of funds as to payments made, due, or recoverable. |
912. Annual audit -- Annual report -- Deadline for establishment -- Events causing fund's liability for payment of benefits. |
920. Self-insurance fund for payments to workers' compensation claimants injured before March 1, 1997. |
Penalties |
990. Penalties -- Restitution. |