Title XXVII, Labor and Human Rights

The Education and Labor Cabinet shall report monthly to the Committee on Appropriations and Revenue its monthly expenditures of restricted agency funds and the nature of such expenditures. Separate reporting shall be done by each office within the Education and Labor Cabinet and …

pneumoconiosis fund, and the status of KRS Chapter 342. (1) The boards of directors of the following funds shall make quarterly reports according to generally accepted accounting principles of all money received and disbursed by the listed funds during each quarter to the Legisla…

The commissioner and employees or authorized representatives of the department shall, for traveling necessitated by the discharge of official duties, be reimbursed for transportation actually paid for, not exceeding the regular fare over the most direct route, and meals and lodgi…

The department shall maintain its main office in Frankfort, Kentucky, using suitable rooms and offices belonging to this state, and shall be provided necessary office furniture to be paid for by the state. The commissioner shall provide necessary supplies, books, periodicals, and…

All proceedings of the board and the administrative law judges shall be recorded in books kept for that purpose by the commissioner, which shall constitute a public record and shall contain an entry of each case, claim, or proceeding considered, heard or passed upon by each admin…

Adoption of life expectancy tables -- Processes and procedure -- Subpoenas -- Duties of sheriff and Circuit Court. (1) The commissioner shall promulgate administrative regulations as he or she considers necessary to carry on the work of the department and the work of the administ…

edition of "Guides to the Evaluation of Permanent Impairment" -- Approval of General Assembly required to effectuate. (1) The General Assembly hereby declares it to be the policy of the Commonwealth of Kentucky that the most recent and valid scientific and technological advanceme…

Lump-sum payments -- Reopening as remedy for disagreement -- Abatement of application for resolution. (1) If the employee and employer and special fund or any of them reach an agreement conforming to the provisions of this chapter in regard to compensation, a memorandum of the ag…

If an insurance carrier, self-insured group, or self-insured employer providing workers' compensation coverage engages in claims settlement practices in violation of this chapter, or the provisions of KRS 304.12-230, the commissioner of the Department of Workers' Claims shall fin…

administrative law judge -- Administrative regulations for procedures for resolution of claims. (1) If the parties fail to reach an agreement in regard to compensation under this chapter, either party may make written application for resolution of claim. The application must be f…

-- Deadline. (1) The commissioner shall promptly issue notice of the assignment of the claim to an administrative law judge, time for presentation of proof and of the time and place of a benefit review conference. The administrative law judge may confer informally with the partie…

(1) The commissioner shall establish a program to provide an opportunity for mediation of disputes as to the entitlement to benefits under this chapter. (2) The commissioner shall promulgate administrative regulations necessary to establish and implement the mediation program, wh…

(1) In accordance with administrative regulations promulgated by the commissioner, a collective bargaining agreement between an employer and a recognized or certified exclusive bargaining representative that contains the following provisions may be recognized as valid and binding…

Within fourteen (14) days from the date of the award, order, or decision any party may file a petition for reconsideration of the award, order, or decision of the administrative law judge. The petition for reconsideration shall clearly set out the errors relied upon with the reas…

administrative law judge. (1) An award or order of the administrative law judge as provided in KRS 342.275, if petition for reconsideration is not filed as provided for in KRS 342.281, shall be conclusive and binding as to all questions of fact, but either party may in accordance…

The decision of the board shall be subject to review by the Court of Appeals pursuant to Section 111 of the Kentucky Constitution and rules adopted by the Supreme Court. The scope of review by the Court of Appeals shall include all matters subject to review by the board and also …

The Court of Appeals may make such rule or order as it may deem necessary for the safekeeping, transporting and return of such original records of the Workers' Compensation Board to the board when the judgment in the case becomes final, provided that a copy of the final judgment …

Upon motion of either party and a sufficient showing of reason and necessity therefor, the board, if an appeal is taken, may continue in force the award, judgment, or order appealed from, pending its decision of such appeal, but to be suspended upon the execution by the adverse p…

Any party in interest may file in the Circuit Court of the county in which the injury occurred a certified copy of a memorandum of agreement approved by the administrative law judge, or of an order or decision of the administrative law judge or board, or of an award of the admini…

(1) If any administrative law judge, the board, or any court before whom any proceedings are brought under this chapter determines that such proceedings have been brought, prosecuted, or defended without reasonable ground, he or it may assess the whole cost of the proceedings whi…

Procedures -- Report -- Payment of costs -- Performance assessment of medical schools -- Use of telehealth. (1) For workers who have had injuries or occupational hearing loss, the commissioner shall contract with the University of Kentucky, the University of Louisville, and the U…

Claims procedure -- Administrative regulations -- Time limitations on claims -- Determination of liable employer -- Audit -- Amount of compensation -- Effect of concluded coal workers' pneumoconiosis claim. (1) (a) The employer liable for compensation for occupational disease sha…

disease claims. The provisions of KRS 342.316(4) shall apply to employees' asbestos-related disease claims filed on or after July 15, 1986.

on attorney's fees -- Payment of attorney fees -- Form indicating payment method selected -- Award by administrative law judge -- Fees for representing employers. (1) All fees of attorneys and physicians, and all charges of hospitals under this chapter, shall be subject to the ap…

administrative law judge. All questions arising under this chapter, if not settled by agreement of the parties interested therein, with the approval of the administrative law judge, shall be determined by the administrative law judge except as otherwise provided in this chapter.

Functions -- Ombudsman program -- Toll-free telephone access. (1) The Division of Ombudsman and Workers' Compensation Specialist Services shall be headed by a director appointed by the commissioner with the approval of the Governor, in accordance with KRS 12.050 and 342.230. The …

in receiving or providing services or benefits -- Penalties. (1) No person shall knowingly file, or permit to be filed, any false or fraudulent claim on his or her behalf to compensation or other benefits under this chapter, or by fraud, deceit, or misrepresentation procure or ca…

(1) Every employer under this chapter shall: (a) Insure and keep insured its liability for compensation in some corporation, association, or organization authorized to transact the business of workers' compensation insurance in this state; or (b) Furnish to the commissioner satis…

Annual report on financial soundness of self-insurers and self-insurance groups -- Division of Security and Compliance expansion. (1) Notwithstanding the provisions of KRS 342.340, KRS 342.350, or any administrative regulations promulgated pursuant to those provisions, the commis…

Effect of revocation. (1) Whenever an employer has complied with the provisions of KRS 342.340 relating to individual self-insurance, the commissioner shall issue to the employer a certificate which shall remain in force for a period fixed by the commissioner. But the commissione…

statement of financial condition -- Role of Department of Insurance. (1) The commissioner or the commissioner's designee shall have power to examine the financial condition and affairs related to workers' compensation of any individual self-insureds and shall have free access to …

for compensation claims -- Reinsurance -- Self-insured groups -- Power to contract, sue, and be sued. (Effective until July 15, 2027) (1) In order to comply with KRS 342.340, groups of employers may form, either among themselves or with employers in other states, mutual insurance…

compensation and group health insurance claims -- Twenty-four hour coverage. (1) The commissioner may establish one (1) or more programs for interested employers of integrated management of an employer's workers' compensation and group health insurance claims by an insurer author…

All policies insuring the payment of compensation under this chapter shall contain a clause to the effect that as between the employer and the insurer the notice to or knowledge of the occurrence of the injury on the part of the insured shall be considered notice or knowledge, as…

No policy of insurance against liability for compensation arising under this chapter shall be issued unless it contains the agreement of the insurer that it will promptly pay to the person entitled to it all benefits conferred by this chapter and all installments of the compensat…

plant or location may be authorized. Every policy or contract of workers' compensation insurance under this chapter, issued or delivered in this state, shall cover the entire liability of the employer for compensation to each employee subject to this chapter, except as otherwise …

Appeal. No policy of insurance or rider to be used therewith shall be issued or delivered until a copy of its form has been filed with the commissioner of the Department of Insurance at least thirty (30) days before such issue or delivery, unless before the expiration of thirty (…

(1) Any insurer authorized to write a policy of workers' compensation insurance shall transmit the following information on its workers' compensation experience only to the Department of Workers' Claims each year, and that information shall be certified and reported on a net basi…

Election to operate under this chapter if an employer is not mandatorily subject to the chapter shall be effected by the employer purchasing workers' compensation insurance or qualifying as a self insured. The proof of election shall be the proof of insurance coverage provided fo…

written notice of rejection -- Withdrawal of election. (1) Where an employer is subject to this chapter, then every employee of that employer, as a part of his or her contract of hiring or who may be employed at the time of the acceptance of the provisions of this chapter by the …

(1) All notices of rejection of the provisions of this chapter by employees shall, when executed, be preserved by the employer during the continuation of the employment of those employees whose names are subscribed thereto. (2) No person shall with fraudulent intent, willfully de…

The commissioner, upon showing a certification of noncompliance, may temporarily restrain or temporarily or permanently enjoin the further operation of any employer covered by this chapter. The action shall be brought in Franklin Circuit Court.

No agreement by any employee to pay any portion of the insurance premium paid by his employer shall be valid. No employer shall deduct any portion of such premium from the wages or salary of any employee entitled to the benefits of this chapter.

administrative law judges. Upon the request of the commissioner, the Attorney General, or, under his or her direction, the Commonwealth's attorney or county attorney of any county, shall institute and prosecute the necessary actions or proceedings for the enforcement of any of th…

The commissioner shall prepare and furnish, free of charge, blank forms of all notices, claims, reports, proofs, and other blank forms and literature which he or she considers proper and requisite to the efficient administration of this chapter. He or she may authorize the public…

Annually on or before the fifteenth day of December, the commissioner shall make a report to the Governor for the preceding fiscal year, which shall include a statement of the number of awards made and of claims rejected by the board and each administrative law judge, a general s…