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.