Title XXVII, Labor and Human Rights

Benefits shall be considered due and payable under this chapter only to the extent provided in this chapter and to the extent that money is available therefor to the credit of the unemployment insurance fund, and neither this state, the secretary, nor the cabinet shall be liable …

administration. If the federal government does not, for any fiscal year, make the certification for payment to this state of funds for the assistance of this state in the administration of this chapter as provided by Title III of the Federal Social Security Act (49 Stat. 620) or …

request cap on Federal Unemployment Tax Act credit reduction. (1) The Governor is hereby authorized to apply for advances to the credit of this state's account in the unemployment trust fund from the federal unemployment account in such fund as provided for in Title XII of the So…

(1) The secretary, the cabinet, the commission, its personnel, or organization and funds shall constitute a continuation of the analogous provisions of the previous unemployment compensation laws of this state and the provisions of this chapter shall be considered as substituted …

Kentucky hereby obligates itself for the replacement, within a reasonable time, of any moneys received pursuant to Title III of the Social Security Act which, because of any action or contingency, are lost or expended for purposes other than, or in amounts in excess of, those fou…

contributing employers. (1) Any interest required to be paid on advances under Title XII of the Social Security Act shall be paid in a timely manner and shall not be paid directly or indirectly, by an equivalent reduction in unemployment contributions or otherwise, by the state u…

(1) There is created within the State Treasury a special fund for unemployment insurance known as the interest payment fund which shall be administered separate and apart from all public money or funds of the state. (2) The unemployment insurance interest payment fund shall be us…

funds insufficient in unemployment compensation administration fund -- Percentage rate -- Annual adjustment -- Payment and collection. (1) Effective January 1, 2014, there shall be a surcharge upon all subject contributing employers for any year there are insufficient funds in th…

All moneys received pursuant to Title III of the Social Security Act, as amended, shall be expended solely for the purposes and in the amounts found necessary by the Federal Bureau of Employment Security for the proper and efficient administration of this chapter.

reissue. None of the funds, accounts or moneys administered, established, or maintained under this chapter shall be credited or otherwise transferred to the general expenditure fund or any other fund or account by reason of the provisions of KRS 41.370 or subject to escheat under…

payment of, extended benefits. Except when the result would be inconsistent with KRS 341.094, 341.096 and 341.710 to 341.740, as provided in the regulations of the secretary, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply…

(1) A worker shall be eligible to receive extended benefits with respect to any week of unemployment in his or her eligibility period only if the secretary finds that with respect to such week: (a) He or she is an "exhaustee" as defined in subsection (5) of KRS 341.096; and (b) H…

(1) No work shall be deemed to be suitable work for a worker making a claim for extended benefits, nor a disqualification imposed for refusal thereof, which does not accord with the labor standard provisions required by 26 U.S.C. sec. 3304(a)(5) (Section 3304(a)(5) of the Interna…

The General Assembly of the Commonwealth of Kentucky may end the Commonwealth's participation in any enhanced federal benefit program in a manner consistent with any applicable federal laws at any time during the duration of the program.

The weekly extended benefit rate payable to a worker for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit rate payable to him during his applicable benefit year.

The total extended benefit amount payable to any eligible worker with respect to his applicable benefit year shall be the least of the following amounts: (1) Fifty percent (50%) of the maximum amount of regular benefits which were payable to him under this chapter in his applicab…

Notwithstanding any state statute to the contrary and to the extent permitted by federal law, for any week during a period in which federal payments to states under Section 204 of the Federal-State Extended Unemployment Compensation Act of 1970 are reduced under an order issued u…

Whenever an extended benefit period is to become effective in this state as a result of a state "on" indicator, or an extended benefit period is to be terminated in this state as a result of a state "off" indicator, the secretary shall make an appropriate public announcement.

employer. (1) In addition to any other remedy provided by the laws of the Commonwealth, if any subject employer assessed or determined liable for the payment of contributions, including penalties and interest, refuses to pay contributions when due and has not sought administrativ…

(1) Levy may be made with respect to any unpaid contributions including penalties and interest only after the cabinet has given notice and demand to the subject employer in writing of the intention to make such levy. Such notice and demand shall be given in person, or shall be se…

failure to do so. (1) Any person in possession of or obligated with respect to property or rights to property subject to levy upon which a levy has been made shall, upon demand of the secretary or his delegate, surrender such property or rights or discharge such obligation to the…

(1) Any employer whose property has been levied upon shall have the right to pay the amount due, together with the expense of the proceeding, to the secretary or his delegate at any time prior to the sale thereof and upon such payment the secretary or his delegate shall cause suc…

(1) It shall be lawful for the secretary or his delegate, under administrative regulations prescribed by the secretary, to release all or part of the property or rights to property levied upon where the secretary or his delegate determines that such action will facilitate the col…

(1) If a levy has been made or is about to be made on any property or right to property, any person having custody or control of any books or records containing evidence or statements relating to the property or right to property subject to levy shall, on demand of the secretary …

intent to hinder or evade collection of contributions due from transferor. (1) When the cabinet reasonably believes that any employer has divested himself by gift, conveyance, assignment, transfer of, or charge upon any property, whether real, personal, tangible or intangible, wi…

All fines, penalties and interest on delinquent contributions collected under KRS 341.800 to 341.830 shall be credited to the unemployment compensation administration fund to be used for the administration of this chapter.

(1) In enacting this chapter, it is the intention of the General Assembly to comply with the requirements of the Federal Unemployment Tax Act and all subsequent amendments including, but not limited to P.L. 94-566 and P.L. 95-19. Contributions or reimbursements required herein on…

Nothing in Acts 1978, Chapter 389, shall be construed to be more stringent than the federal law covering this subject matter.

(1) Except as otherwise provided in subsection (11) of this section, any employee of any state agency who violates any of the provisions of KRS 341.110 to 341.230 shall be guilty of a Class B misdemeanor. (2) Any person subpoenaed to appear and testify or produce evidence in an i…

As used in this chapter, unless the context otherwise requires: (1) "Injury" means any work-related traumatic event or series of traumatic events, including cumulative trauma, arising out of and in the course of employment which is the proximate cause producing a harmful change i…

The substantive provisions of 1996 (1st Extra. Sess.) Ky. Acts ch. 1 shall apply to any claim arising from an injury or last exposure to the hazards of an occupational disease occurring on or after December 12, 1996. Procedural provisions of 1996 (1st Extra. Sess.) Ky. Acts ch. 1…

partners and members, nonqualified partners and members, and limited liability company defined -- Provision of partnership agreement or articles of organization upon request. (1) For the purposes of this chapter, an owner or owners of a business, including qualified partners of a…

A doctor of chiropractic, licensed to practice under the provisions of KRS Chapter 312, shall have his services to employees covered by the workers' compensation law paid for under the workers' compensation provisions of KRS Chapter 342. An employee claiming benefits under the pr…

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…