CompEd Inc. Kentucky Workers Compensation Resource

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.