Title XXVII, Labor and Human Rights

obligation -- Continuation of benefits -- Selection of physician and hospital -- Payment -- Managed health care system -- Artificial members and braces -- Waiver of privilege -- Disclosure of interest in referrals -- Urine drug screenings -- Pharmacist services and procedures. (1…

Form. (1) As used in this section, "physician" means physicians and surgeons, psychologists, optometrists, dentists, podiatrists, and osteopathic and chiropractic practitioners acting within the scope of the license or other credentials required by his or her specialty of practic…

-- Action for excess fees -- Effect of failure to submit to or follow surgical or medical treatment or advice -- Certification to commissioner -- Audit -- Utilization review -- Report -- Copies of records -- Practice parameters and evidence-based guidelines -- Formulary -- Medica…

(1) Every employer subject to this chapter shall keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment. Within one (1) week after the occurrence and knowledge, as provided in KRS 342.185 to 342.200, of an injury to an emplo…

insured group, and employer carrying its own risk. Beginning on January 1, 1995, and pursuant to administrative regulations promulgated under KRS Chapter 13A by the commissioner, each insurance company writing workers' compensation insurance policies in the Commonwealth, every se…

Attorney's fees for recovery of overdue temporary total disability income benefits -- Interest on overdue benefits. (1) Except as provided in KRS 342.020, no income benefits shall be payable for the first seven (7) days of disability unless disability continues for a period of mo…

A minor sixteen (16) years of age or over or a minor under sixteen (16) years of age who has procured his employment upon the written certification of his parent, guardian or one having legal authority over him that he is over sixteen (16) years of age shall be considered sui jur…

(1) The following persons shall be presumed to be wholly dependent upon a deceased employee: (a) A surviving spouse upon a decedent whom the surviving spouse had not voluntarily abandoned at the time of the accident, or who having been abandoned by the decedent has not engaged in…

As used in this chapter: (1) "Child" includes stepchildren, legally adopted children, posthumous children and recognized children born out of wedlock, but does not include married children unless actually dependent; (2) "Brother" and "sister" includes stepbrothers, stepsisters an…

Payment of death benefits in good faith to a supposed dependent or to a dependent subsequent in right to another or other dependents shall protect and discharge the employer and insurer unless and until the lawful dependent or dependents prior in right have given the employer or …

- Chief administrative law judge. (1) There is hereby created the Department of Workers' Claims administratively attached to the Office of the Governor, which shall be headed by a commissioner appointed by the Governor and confirmed by the Senate in accordance with KRS 342.228. (…

occurring after December 12, 1996 -- Payment of settlements for income benefits -- Transfer of responsibilities from division to Kentucky Employers' Mutual Insurance Authority. (1) There is created the Division of Workers' Compensation Funds in the Department of Workers' Claims t…

Electronic remittance -- Reports -- Central claim registry. (1) (a) For calendar year 1997 and for each calendar year thereafter, for the purpose of funding and prefunding the liabilities of the special fund, financing the administration and operation of the Kentucky Workers' Com…

Waiver. Assessments levied and expenses owed pursuant to KRS 342.122, 342.1242, and 342.1243 and unpaid on the date on which they are due and payable shall bear interest at the rate specified in KRS 131.183 plus a penalty of one and one-half percent (1.5%) per month or portion th…

(1) Every insurance carrier shall be entitled to a refund or credited with assessments paid on all canceled or returned premiums, including dividends paid or credited to policyholders, if the assessments are returned by the insurance carrier to the policyholder in addition to the…

relationship with Office of Financial Management within the Finance and Administration Cabinet. (1) The Kentucky Workers' Compensation Funding Commission is created as an agency of the Commonwealth for the public purpose of controlling, investing, and managing the funds collected…

(1) The commission shall be governed by a board of directors consisting of seven (7) members. The seven (7) members shall include the secretary of the Education and Labor Cabinet or a designee, the secretary of the Cabinet for Economic Development or a designee, the secretary of …

The board of directors shall require the commission to engage a certified public accountant or a firm of certified public accountants to conduct an annual examination of the commission's financial statements, conditions, transactions, and affairs in accordance with generally acce…

and information. The special fund and the funding commission shall at all times furnish each other access to any and all books, records, documents, and information necessary or desirable in order to allow the other to perform its duties under this chapter.

Except as provided in KRS 342.829, funds which are under the jurisdiction of the commission shall not: (1) Be loaned to the Commonwealth or any instrumentality or agency thereof; (2) Be subject to transfer to the Commonwealth or any agency or instrumentality thereof, except for p…

Governor. The Kentucky Workers' Compensation Funding Commission shall not be subject to the Governor's power of reorganization under KRS Chapter 12, including attachment or transfer to another organizational unit or administrative body other than the Education and Labor Cabinet. …

The benefit reserve fund is hereby established within the funding commission, and shall be administered by the funding commission. All funds in excess of current liabilities of the special fund and budgeted expenditures shall be deposited in the benefit reserve fund and invested …

for protesting special fund assessments -- Expenses of audits, how paid -- Mailing of assessment notice -- Documents relevant to reports and audits -- Notice and payment of refund -- Penalty for late payment. (1) The funding commission may mail to the assessment payer a notice of…

Subsequent administrative savings as a result of the implementation of 1996 (1st Extra. Sess.) Ky. Acts ch. 1 shall be used to defray the special fund assessment on all employers in the Commonwealth.

Kentucky coal workers' pneumoconiosis fund. (1) The General Assembly declares: (a) The Kentucky coal workers' pneumoconiosis fund was created in 1996 for the purpose of placing the financial responsibility for liabilities incurred as a result of workers' compensation awards for c…

of making payments for awards for coal workers' pneumoconiosis -- Assessments to finance fund -- When assessments cease -- Distribution of excess assessments to employers -- Reimbursement of funding commission by Kentucky Employers' Mutual Insurance Authority. (1) There is create…

workers' pneumoconiosis fund -- Assessments on employers -- Abolition of fund. (1) Notwithstanding any provisions of this chapter or any other provisions to the contrary, the Kentucky coal workers' pneumoconiosis fund shall have no liability for income benefits for coal workers' …

limitations -- Credit for previously-awarded retraining incentive benefits or income benefits awarded for coal-related pneumoconiosis. (1) Upon motion by any party or upon an administrative law judge's own motion, an administrative law judge may reopen and review any award or ord…

Compensation under this chapter to alien dependent widows, widowers and children, not residents of the United States, shall be one-half (1/2) of the amount provided in each case for residents. The employer may at any time commute all future installments of compensation to alien d…

Any notice required to be given under this chapter shall be considered properly given and served when deposited in the mail in a registered letter or package properly stamped and addressed to the person to whom notice is to be given at his last known address and in time to reach …

The average weekly wage of the injured employee at the time of the injury or last injurious exposure shall be determined as follows: (1) If at the time of the injury which resulted in death or disability or the last date of injurious exposure preceding death or disability from an…

For the purposes of this chapter, the average weekly wage of the state shall be determined by the commissioner as follows: On or before September 1 of each year, the total wages reported by subject employers under the Kentucky Unemployment Insurance Law for the preceding calendar…

Whenever the administrative law judge considers it expedient, any lump sum which is paid as provided in this chapter shall be paid to any suitable person appointed by the District Court of the county of the residence of the injured employee or of his dependents as trustee to admi…

dependent. (1) The benefits in case of death shall be paid to one (1) or more dependents of the deceased employee for the benefit of all the dependents entitled thereto, as determined by the administrative law judge. The dependents to whom payments are made shall apply the same t…

-- Compensation not payable if employee falsely represents physical condition or medical history at time of employment. (1) If an accident is caused in any degree by the intentional failure of the employer to comply with any specific statute or lawful administrative regulation ma…

All rights of compensation granted by this chapter shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages for labor.

No claim for compensation under this chapter shall be assignable, except court or administratively-ordered child support pursuant to KRS 403.212. All compensation and claims therefor, except child support obligations, shall be exempt from all claims of creditors.

trauma injury. (1) Except as provided in subsections (2) and (3) of this section, no proceeding under this chapter for compensation for an injury or death shall be maintained unless a notice of the accident shall have been given to the employer as soon as practicable after the ha…

The notice and claim shall be in writing. The notice shall contain the name and address of the employee, and shall state in ordinary language the time, place of occurrence, nature and cause of the accident, with names of witnesses, the nature and extent of the injury sustained, a…

The notice and claim shall be given to the employer, or if the employer is a partnership, then to any one (1) of the general partners. If the employer is a corporation or a limited liability company, the notice or claim may be given to any agent of the corporation or limited liab…

diagnosis of coal-related pneumoconiosis -- Civil remedies. (1) No employee shall be harassed, coerced, discharged, or discriminated against in any manner whatsoever for filing and pursuing a lawful claim under this chapter. (2) It is unlawful practice for an employer: (a) To fai…

The notice shall not be invalid or insufficient because of any inaccuracy in complying with KRS 342.190 unless it is shown that the employer was in fact misled to his injury thereby. Want of notice or delay in giving notice shall not be a bar to proceedings under this chapter if …

cost of examination -- Effect of employee's refusal -- Statement of earnings to be furnished at request of party. (1) After an injury and so long as compensation is claimed, the employee, if requested by a party or by the administrative law judge, shall submit himself or herself …

No limitation of time provided in this chapter shall run against any person who is mentally incompetent or who is a minor dependent so long as he has no committee, guardian or next friend, or other person authorized to claim compensation for him under KRS 342.160.

with respect to appointments. (1) The Governor shall make all appointments to the board, and appoint the administrative law judges of the Department of Workers' Claims, subject to the consent of the Senate in accordance with KRS 11.160, and in accordance with this section and KRS…

Qualifications -- Term -- Vacancies -- Retirement system coverage. (1) The Workers' Compensation Board is hereby created and established. The board shall rule on appeals of decisions rendered by administrative law judges under this chapter. The board shall rule on an appeal of a …