Chapter 342, Kentucky Revised Statutes

Definitions for chapter.
Workers' Compensation Advisory Council.
Application of 1996 (1st Extr. Sess.) Ky. Acts Ch. 1
Business owners - Election to be included as employees - Qualified partners and members and nonqualified partners and members defined.
Coverage of chiropractic services.
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.
Medical evidence - Limitation - Form.
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.
Employer to keep record of injuries - Reports required to be filed.
Filing of detailed claim information by each insurance company, group of self-insurers, and self-insurer.
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.
Certain minors considered sui juris.
Determination of dependency.
Definition of certain dependents.
Payment of death benefits in good faith - Release of payor from liability.
Division of the Special Fund - Fund's liability for claims occuring after December 12, 1996 - Payment of settlements for income benefits.
Special fund assessments - Annual adjustments - Annual transfers from coal severance tax revenues - Reports - Central claim registry.
Penalty and interest on late payment of assessments - Waiver.
Refunds or credits on canceled or returned premiums.
Kentucky Workers' Compensation Funding Commission.
Board of directors of funding commission.
Annual audit of commission's financial statements.
Special fund and funding commission to share books, records, documents and information.
Loan or transfer of funds of funding commission prohibited.
Funding commission exempt from reorganization powers of Governor.
Benefit reserve fund.
Procedure for protesting special fund assessments - Expenses of audits, how paid.
Use of administrative savings from 1996 (1st Extra. Sess.) Ky. Acts Ch. 1.
Legislative findings and declarations on Kentucky coal workers' pneumoconiosis fund.
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.
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.
Compensation of alien dependents.
Notice, how served - Notice to nonresident alien.
Computation of employee's average weekly wage.
Method for determining the average weekly wage of the state.
Payment of lump-sum compensation to trustee.
Payments to certain dependents for others - Effect of legal disability of dependent.
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.
Lien for compensation.
Compensation claim not assignable - Exempt from debts - Exception.
Notice of accident - Claim for compensation - Limitation.
Notice and claim to be in writing - Contents.
Notice and claim - How served.
Discrimination against employees who have filed claims or who have a diagnosis of coal-related pneumoconiosis - Civil remedies.
Certain defects or failure to give notice not to bar compensation.
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.
Limitation of time not to run against minors or incompetents.
Workers' Compensation Nominating Commission - Membership - Duties with respect to appointments.
Workers' Compensation Board - Authority - Appointment - Qualifications - Term - Vacancies - Retirement system coverage - Abolition of board effective July 1, 2000.
Workers' Compensation Board - Authority - Appointment - Qualifications - Term - Vacancies - Retirement system coverage - Abolition of board effective July 1, 2000.
Oath of Board Members.
Responsibilities of Department of Workers' Claims - Selection and qualifications of commissioner.
Claimant records -- Limitation on inspection.
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.
Monthly reports.
Quarterly reports on insurance guaranty funds, Kentucky coal workers' pneumoconiosis fund, and the status of KRS Chapter 342.
Traveling expenses.
Office - Equipment - Seal - Sessions - Venue of certain proceedings.
Record of proceedings.
Commissioner's authority to promulgate administrative regulations -- Adoption of life expectancy tables - Processes and procedure - Subpoenas - Duties of sheriff and Circuit Court.
Compensation agreement - Approval by administrative law judge or arbitrator - Lump-sum payments - Reopening as remedy for disagreement - Abatement of application for resolution.
Unfair claims settlement practices - Penalties.
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.
Appeal of benefit review determination - Procedures - Deadline.
Mediation program.
Alternative dispute resolution.
Petition for reconsideration - Contents - Response - Decision.
Appeal to Workers' Compensation Board - Remanding claim to administrative law judge.
Review by Court of Appeals.
Safekeeping, transporting and return of original record of board.
Continuation of award pending appeal - Suspension.
Enforcement by Circuit Court of agreement, order, decision, or award.
Assessment of cost of unreasonable proceedings - Restitution.
Medical evaluations by university medical schools - Procedures - Report - Payment of costs - Performance assessment of medical schools.
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.
Application of provisions of KRS 342.316(4) to certain asbestos-related disease claims.
Approval of attorney's and physician's fees and hospital charges - Limits on attorney's fees - Payment of attorney fees - Nonattorney representation.
Questions not settled by agreement of parties determined by arbitrator or administrative law judge.
Division of Ombudsman and Workers' Compensation Specialist Services - Functions - Ombudsman program - Toll-free telephone access.
Fraud and misrepresentation in filing or delaying the filing of claims and in receiving or providing services or benefits - Penalties.
Employer to insure or provide security against liability to workers.
Annual review of self-insurance administrative regulations - Annual report on financial soundness of self-insurers and self-insurance groups - Coverage and Compliance Branch expansion.
Certificate of self-insurance - Revocation - New certificate - Effect of revocation.
Examination of finances of self-insureds - Annual statement of financial condition - Role of Department of Insurance.
Mutual insurance associations and reciprocal or interinsurance exchanges for compensation claims - Reinsurance - Group self-insurers.
Voluntary programs for integrated management of employer's worker compensation and group health insurance claims - Twenty-four hour coverage.
Agreements in policy as to notice - Jurisdiction and liability of insurer.
Policy to waive improper notice and be direct promise to employee.
Policy to cover entire liability of employer - Separate policy for specified plant or location may be authorized.
Commissioner of Department of Insurance to approve policy - Review - Appeal.
Report of workers' compensation experience.
Employer's election to operate under chapter
Employee deemed to have accepted provisions of chapter - Employee's written notice of rejection - Withdrawal of election.
Notice of employee's rejection to be preserved.
Restraining or enjoining of operations of employer.
Employee not to pay premium for compensation.
Attorneys required to represent department, its employees, the board, or administrative law judges.
Blank forms to be furnished by commissioner.
Commissioner's annual report.
Insurance companies' payments of amounts collected for taxes and assessments of Kentucky Reinsurance Association or Revenue Cabinet mandatory - Audits to ensure compliance.
Withdrawal from business in Kentucky before special fund assessments and other taxes fall due or failure to pay tax - Collection - Attorney's fees.
Persons not to act for unauthorized insurance company nor to make false statement or return.
How notice may be given to insurance carrier.
Kentucky Employee's Insurance Association created - Attached to Labor Cabinet for administrative purposes.
Board of directors - Selection - Term.
Board officers elected annually.
Quorum of board - Vacancies.
Representation of subscribers.
Subscriptions required to issue first policy.
Procedure required before first policy issued.
Board to group subscribers - Amount of premiums.
Association to fix contingent liability - Limit.
Dividends - All funds available for contingent liability.
Commissioner of insurance to approve premiums, etc.
Board to make safety regulations - Inspections - Review of regulation.
Liability for compensation - Builder's proof of coverage required for issuance of building permit - Notice required to be posted by employers.
Registration of employee leasing companies - Coverage requirements for lessees - Status of temporary help service.
Renumbered as KRS 342.001, effective 1987.
Coverage of employers.
Coverage of employers.
Exemptions of particular classes of employees from coverage.
Voluntary coverage.
Extraterritorial coverage.
Presumptions in the case of death or of physical or mental inability to testify.
Exclusiveness of liability.
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.
Rehabilitation rights, duties, and procedures - Acceleration of benefits.
Calculation of benefits during participation in vocational or physical rehabilitation program.
Determination of income benefits for disability - Survivors' rights - Termination - Offsets - Notification of return to work.
Compensability of occupational hearing loss - Authority for administrative regulations - Rebuttable presumption as to employer liability.
Income benefits and retraining incentive benefits for coal workers' pneumoconiosis.
Mandated administrative regulations on medical services.
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.
Determination of average weekly wage - Adjustment in weekly maximum and minimum income benefits for disability.
Income benefits for death - Additional lump-sum payment for deaths occurring within four years of injury.
Uninsured employers' fund.
Administration of fund - Transfer of reimbursement funds - Reports.
Determination of employer's compliance - Recording certificate constituting a lien in favor of uninsured employer's fund. /a>
Joinder of uninsured employers' fund.
Award against noncomplying employer as a liquidated claim for damages - Action by Attorney General for uninsured employers' fund.
Legislative findings and intent.
Kentucky Employers' Mutual Insurance Authority.
Definitions for KRS 342.801 to 342.843.
Board of directors.
Election of officers - Quorum - Compensation - Ex officio members of board.
Powers and duties of board.
Manager - Qualifications - Powers and duties - Bond.
Insurance coverage provisions.
Rating plans, rates, and underwriting standards for different classes of risks - Competitive nature and filing requirement for rates - Annual report on status of surplus.
Quarterly reports of assets and liabilities.
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.
Statistical and actuarial data to be maintained.
Funding of authority -- Restrictions on use of funds.
Marketing and sales agents - Commissions.
Workplace safety program for policyholders - On-site examinations.
Board member, manager, or employee exempt from personal liability for official acts.
Compliance with Executive Branch Code of Ethics - Conflicts of interest.
Applicability of specified provisions of law.
Applicability of open meetings and open records provisions.
Monitoring of operations of authority by Attorney General and Auditor of Public Accounts - Report to General Assembly.
Legislative findings and declarations.
Definitions for KRS 342.900 to 342.912.
Exemption of public-sector self-insured employers and self-insurance groups.
Guaranty funds -- Required participation - Purpose - Operating procedures - Use of moneys - Liability for actions.
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.
Rights and responsibilities of funds as to payments made, due, or recoverable.
Annual audit - Annual report - Deadline for establishment - Events causing fund's liability for payment of benefits.
Penalties - Restitution.