Title XXVII, Labor and Human Rights

occurring within four years of injury. If the injury causes death, income benefits shall be payable in the amount and to or for the benefit of the persons following, subject to the maximum limits specified in subsections (3) and (4) of this section: (1) (a) If there is a widow or…

(1) There is hereby authorized in the Education and Labor Cabinet an uninsured employers' fund for the purpose of making payments in accordance with the provisions of subsection (4) of this section. The secretary of the Education and Labor Cabinet shall be the custodian of the fu…

(1) Notwithstanding the provisions of KRS Chapter 342 to the contrary, the office of the Attorney General shall be responsible for the administration of the uninsured employers' fund and shall be charged with the conservation of the assets of the fund. Funds to reimburse the Atto…

constituting a lien in favor of uninsured employer's fund. (1) Upon the filing of a claim the commissioner shall ascertain whether the employer, or any other person against whom a claim is filed and who is not exempt by KRS 342.630 or 342.650, has secured payment of compensation …

A claimant may, in the original application for benefits, or any party may, by motion accompanied by proper allegations while the case is still pending, and the administrative law judge shall, upon his own motion at any time before the rendition of the final award, cause the unin…

- Action by Attorney General for uninsured employers' fund. When an award is made against an employer who: (1) Has not secured payment of compensation by either securing insurance coverage or qualifying as a self-insurer; and (2) Has not made a deposit of security, indemnity, or …

exposed to hazards on certain dates -- Benefits. (1) The claim of any miner last exposed to the occupational hazards of coal workers' pneumoconiosis between December 12, 1996, and July 15, 2002, shall nonetheless be governed by the provisions of KRS 342.732 and notwithstanding th…

(1) The commissioner shall maintain a list of duly qualified "B" reader physicians who are licensed in the Commonwealth and are board-certified pulmonary specialists, currently certified by the National Institute of Occupational Safety and Health (NIOSH) who have agreed to perfor…

(1) Notwithstanding any provisions of the KRS to the contrary, every employer engaged in the severance or processing of coal, as defined in KRS 342.0011, at its principal office and such other locations where employees customarily report for payroll and personnel matters, shall c…

(1) The General Assembly finds and declares that: (a) An adequate and available workers' compensation insurance market does not exist for employers in the Commonwealth; (b) Approximately fifty percent (50%) of the private workers' compensation insurance market resides in the resi…

(1) The Kentucky Employers' Mutual Insurance Authority is created as a nonprofit, independent, self-supporting de jure municipal corporation and political subdivision of the Commonwealth which shall be a public body corporate and politic to insure employers in the Commonwealth fo…

As used in KRS 342.801 to 342.843, unless the context otherwise requires: (1) "Authority" means the Kentucky Employers' Mutual Insurance Authority. (2) "Board" means the board of directors of the authority. (3) "Insurer of last resort" means an entity that provides workers' compe…

(1) The authority shall be governed by a board of directors. The board shall exercise complete jurisdiction over the authority. (2) The board shall consist of the: (a) Secretary of the Finance and Administration Cabinet; (b) Secretary of the Personnel Cabinet; (c) Secretary of th…

board. (1) The board shall elect a chair and other officers it deems necessary from its members. The Governor shall make the initial appointments to the board as follows: three (3) members shall be appointed to terms that expire December 31, 1995, and four (4) members shall be ap…

The board of directors of the authority shall function in a manner similar to the governing body of a mutual insurance company established pursuant to KRS Chapter 304, with all of the general corporate powers incidental thereto. The powers and duties of the board shall include, b…

(1) Following a nationwide search, the board shall hire a manager, subject to Senate confirmation in accordance with KRS 11.160 who shall serve at the pleasure of the board. The manager shall be compensated at a level determined by the board. (2) The manager shall have proven suc…

(1) The authority may provide coverage for insurance, authorized in KRS 342.803, to any employer in the Commonwealth, and who tenders the required premium for coverage and comply with other conditions and qualifications for obtaining and maintaining coverage adopted by the author…

risks -- Competitive nature and filing requirement for rates -- Annual report on status of surplus. (1) The authority, through its board and manager, shall establish separate rating plans, rates, and underwriting standards for different classes of risks for the authority. (2) The…

On an annual basis, the board may declare a dividend in accordance with Subtitle 24 of KRS Chapter 304, and distribute the same in the form of premium discounts, dividends, or a combination of dividends and discounts, at its discretion, if: (1) The funding obtained pursuant to KR…

On a quarterly basis, the manager shall prepare a report of assets and liabilities, which shall also include a statement of condition regarding the solvency of the authority when awarded claims to date, and estimated initial claims not reported, are taken into account. This repor…

- Annual statement of solvency -- Circumstances permitting contract audit with certified public accountant -- Discretionary levy and enforcement of assessments. (1) In determining the solvency of the authority in regard to maintaining adequate reserves, the commissioner of insura…

The board shall formulate and adopt an investment policy that safeguards the value of all assets and maximizes investment potential commensurate with risk and liquidity restrictions, and supervise the investment activities of the authority subject to the limitations on domestic i…

The manager shall compile and maintain statistical and actuarial data related to the determination of proper premium rate levels, the incidence of work-related injuries, costs related to those injuries, including medical and indemnity, and other data necessary for the development…

(1) The authority shall not receive any direct state general fund appropriation. (2) Initial funding for the authority shall be determined by the Governor and the secretary of the Finance and Administration Cabinet. Funding methods may include, but not be limited to, a loan from …

(1) For marketing and sales purposes, the authority shall utilize only agents duly and legally licensed and in good standing in accordance with the provisions of KRS Chapter 304 to sell coverage provided by the authority. The authority shall not be required to appoint agents. (2)…

(1) The manager shall formulate, implement, and monitor a workplace safety program for all policyholders. (2) The manager shall develop a written workplace accident and injury reduction plan that promotes safe working conditions and which is based upon clearly stated goals and ob…

official acts. No member of the board, the manager, or any employee of the authority shall be held personally liable for any act performed or for any contract or other obligation entered into or undertaken in an official capacity, in connection with the administration, management…

(1) The board, manager, and employees shall comply with the code of ethics applicable to the Executive Branch pursuant to KRS Chapter 11A. (2) In addition to compliance with the code of ethics required in subsection (1) of this section, no member of the board shall have any direc…

(1) Notwithstanding any provision of KRS Chapter 304 to the contrary, the authority shall be exempt from participation, and shall not join, contribute financially to, nor be entitled to the protection of, any plan, pool, association, guarantee, or insolvency fund authorized or re…

(1) The board shall comply with KRS Chapter 61 in regard to open meetings and open records in the conduct of ordinary business. In addition to the exemptions listed in KRS Chapter 61, proceedings to discuss rates, proposed rates, or anything that relates to rates if that discussi…

Public Accounts -- Report to General Assembly. (1) The Attorney General and the Auditor of Public Accounts shall monitor the operations of the authority. (2) Either the Attorney General or the Auditor of Public Accounts, or both, may make at any time any examinations or investiga…

(1) The General Assembly hereby finds and declares that the establishment of self- insurance guaranty funds is a necessary component of a complete system of workers' compensation, to make provisions for the general welfare of workers and their dependents, to relieve the consequen…

As used in KRS 342.900 to 342.912, unless the context requires otherwise: (1) "Insolvent self-insurer" means either an individual self-insured employer or a self- insured group who has failed to pay compensation as a result of a declaration of bankruptcy or insolvency by a court …

groups. Notwithstanding any other provision of law, public-sector self-insured employers or self- insurance groups are specifically exempted from the provisions of KRS 342.900 to 342.912.

procedures -- Use of moneys -- Liability for actions. (1) There is created a nonprofit, unincorporated legal entity to be known as the Kentucky individual self-insurance guaranty fund to function as the guaranty fund for individually insured employers, excluding individually self…

fund -- Assessments to finance funds -- Limitation on income distributions -- Effect of payment on liability to fund for reimbursement -- Rules for special fund assessments for calendar years 2027 and 2028. (Effective July 15, 2026) (1) The commissioner shall notify a guaranty fu…

recoverable. (1) Each guaranty fund, by making payment of compensation under this chapter, has the same preference over the other debts of the principal or the principal's estate as is given by law to the person directly entitled to the compensation. (2) Notwithstanding subsectio…

causing fund's liability for payment of benefits. (1) The directors of each guaranty fund shall annually contract for an independent certified audit of the financial activities of the guaranty fund. An annual report on the financial status of the guaranty fund as of June 30 of ea…

injured before March 1, 1997. (1) The General Assembly finds and declares that there is a need to protect employees of workers' compensation self-insured employers who had claims for injuries that occurred prior to the creation of the workers' compensation self-insurance guaranty…

(1) The commissioner shall initiate enforcement of civil and criminal penalties imposed in this section. (2) When the commissioner receives information that he or she deems sufficient to determine that a violation of this chapter has occurred, he or she shall seek civil penalties…

As used in this chapter unless the context requires otherwise: (1) "Apprentice" means a worker at least sixteen (16) years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation as provided in 29 C.F.R. …

(1) The Kentucky Apprenticeship Council is hereby created and established as an administrative body charged with providing advice to the commissioner on matters affecting apprenticeship policy. (2) (a) The Kentucky Apprenticeship Council shall consist of six (6) members appointed…

The commissioner, with the approval of the Governor, may appoint a supervisor of apprenticeship. He or she may also appoint such clerical, technical, and professional help as shall be necessary to effectuate the purposes of this chapter.

The supervisor, under the direction of the commissioner, may: (1) Administer this chapter; (2) Set up conditions and training standards for apprenticeship or on-the-job training programs and agreements; (3) Act as secretary to the council; (4) Approve, if in his or her opinion ap…

Every apprenticeship or on-the-job training agreement approved under this chapter shall contain: (1) The names and signatures of the contracting parties and the signature of a parent or guardian if the apprentice is a minor; (2) The date of birth of the apprentice or trainee; (3)…

No apprentice or trainee agreements submitted for approval under this chapter shall be effective until written approval of the agreement is provided by the supervisor. Every apprenticeship or on-the-job training agreement, so submitted, shall be signed by the contracting parties …