Chapter 342, Kentucky Revised Statutes
- .0011
- Definitions for chapter.
- .0012
- Workers' Compensation Advisory Council.
- .0015
- Application of 1996 (1st Extr. Sess.) Ky. Acts Ch. 1
- .012
- Business owners - Election to be included as employees - Qualified partners and members and nonqualified partners and members defined.
- .019
- Coverage of chiropractic services.
- .020
- Medical treatment at expense of emplyer - Selection of physician and hospital - Payment - Managed health care system - Artificial members and braces - Waiver of privilege - Disclosure of interest in referrals.
- .033
- Medical evidence - Limitation - Form.
- .035
- Medical fee schedule - Review and updating - Action for excess fees - Effect of failure to submit to or follow surgical or medical treatment or advice - Fee schedule for medical testimony - Other medical matters.
- .038
- Employer to keep record of injuries - Reports required to be filed.
- .039
- Filing of detailed claim information by each insurance company, group of self-insurers, and self-insurer.
- .040
- Time of payment of income benefits and retaining incentive benefits - Attorney's fees for recovery of overdue temporary total disability income benefits - Interest on overdue benefits.
- .065
- Certain minors considered sui juris.
- .075
- Determination of dependency.
- .085
- Definition of certain dependents.
- .090
- Payment of death benefits in good faith - Release of payor from liability.
- .120
- Division of the Special Fund - Fund's liability for claims occuring after December 12, 1996 - Payment of settlements for income benefits.
- .122
- Special fund assessments - Annual adjustments - Annual transfers from coal severance tax revenues - 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.
- .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.
- .1241
- Legislative findings and declarations on Kentucky coal workers' pneumoconiosis fund.
- .1242
- Division of the Kentucky Coal Workers' Pneumoconiosis Fund - Liability for and manner of making payments for awards for coal workers' pneumoconiosis - Assessments to finance fund.
- .125
- Reopening 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.
- .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.
- .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.
- .175
- Lien for compensation.
- .180
- Compensation claim not assignable - Exempt from debts - Exception.
- .185
- Notice of accident - Claim for compensation - Limitation.
- .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 - Abolition of board effective July 1, 2000.
- .215
- Workers' Compensation Board - Authority - Appointment - Qualifications - Term - Vacancies - Retirement system coverage - Abolition of board effective July 1, 2000.
- .220
- Oath of Board Members.
- .228
- Responsibilities of Department of Workers' Claims - Selection and qualifications of commissioner.
- .229
- Claimant records -- Limitation on inspection.
- .230
- Employees of Department of Workers' Claims - Duties and salary of commissioner - Appointment, qualifications, terms, and duties of administrative law judges and arbitrators - Removal provisions - Vacancies - Chief administrative law judge - Chief arbitrator.
- .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.
- .260
- Commissioner's authority to promulgate administrative regulations -- Adoption of life expectancy tables - Processes and procedure - Subpoenas - Duties of sheriff and Circuit Court.
- .265
- Compensation agreement - Approval by administrative law judge or arbitrator - 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 - Benefit review by arbitrator - Transfer to administrative law judge - Appeal of arbitrator's order - Administrative regulations for procedures for resolution of claims.
- .275
- Appeal of benefit review determination - Procedures - Deadline.
- .276
- Mediation program.
- .277
- Alternative dispute resolution.
- .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.
- .316
- Liability of employer and previous employers for occupational disease - Claims procedure - Time limitations on claims - Determination of liable employer - Effect of concluded coal workers' pneumoconiosis claim.
- .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 - Nonattorney representation.
- .325
- Questions not settled by agreement of parties determined by arbitrator or administrative law judge.
- .329
- Division of Ombudsman and Workers' Compensation Specialist Services - Functions - Ombudsman program - Toll-free telephone access.
- .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.
- .342
- Annual review of self-insurance administrative regulations - Annual report on financial soundness of self-insurers and self-insurance groups - Coverage and Compliance Branch expansion.
- .345
- Certificate of self-insurance - Revocation - New certificate - Effect of revocation.
- .347
- Examination of finances of 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 - Group self-insurers.
- .352
- Voluntary programs for integrated management of employer's worker compensation and group health insurance claims - Twenty-four hour coverage.
- .360
- Agreements in policy as to notice - Jurisdiction and liability of insurer.
- .365
- Policy to waive improper notice and be direct promise to employee.
- .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.
- .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.
- .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.
- .447
- Insurance companies' payments of amounts collected for taxes and assessments of Kentucky Reinsurance Association or Revenue Cabinet mandatory - Audits to ensure compliance.
- .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.
- .495
- Kentucky Employee's Insurance Association created - Attached to Labor Cabinet for administrative purposes.
- .500
- Board of directors - Selection - Term.
- .505
- Board officers elected annually.
- .510
- Quorum of board - Vacancies.
- .515
- Representation of subscribers.
- .520
- Subscriptions required to issue first policy.
- .525
- Procedure required before first policy issued.
- .530
- Board to group subscribers - Amount of premiums.
- .535
- Association to fix contingent liability - Limit.
- .540
- Assessments.
- .545
- Dividends - All funds available for contingent liability.
- .550
- Commissioner of insurance to approve premiums, etc.
- .555
- Board to make safety regulations - Inspections - Review of regulation.
- .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 342.001, effective 1987.
- .630
- Coverage of employers.
- .640
- Coverage of employers.
- .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.
- .700
- Remedies 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.
- .710
- Rehabilitation rights, duties, and procedures - Acceleration of benefits.
- .715
- Calculation of benefits during participation in vocational or physical rehabilitation program.
- .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.
- .734
- Mandated administrative regulations on medical services.
- .735
- Additional 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.
- .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. /a>
- .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.
- .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.
- .823
- Discounting 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.
- .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.
- .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.
- .908
- Default 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.
- .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.
- .990
- Penalties - Restitution.