Kentucky Revised Statutes
Statutes Last Updated July 18, 2008
Includes Enactments through the 2008 Extraordinary Session This page was produced on 7/23/2008 at 10:02:42 AM
Terms & Conditions | PDF Viewer KRS Chapter 342.00
Terms & Conditions | PDF Viewer
.001 Repealed, effective January 1, 1973.
.0011 Definitions for chapter.
.0012 Workers' Compensation Advisory Council.
.0015 Application of 1996 (1st Extra. Sess.) Ky. Acts ch. 1.
.002 Repealed, 1966.
.003 Repealed, 1973
.004 Repealed, 1980.
.005 Repealed, effective January 1, 1973.
.006 Repealed, 1966.
.007 Repealed, 1966.
.008 Repealed, 1966.
.009 Repealed, 1966.
.010 Repealed, effective June 1, 1973.
.011 Repealed, 1956.
.012 Business owners -- Election to be included as employees -- Qualified partners and members and nonqualified partners and members defined.
.015 Repealed, effective January 1, 1973.
.016 Repealed, 1972.
.017 Repealed, effective January 1, 1973.
.019 Coverage of chiropractic services.
.020 Medical treatment at expense of employer -- Selection of physician and hospital -- Payment -- Managed health care system -- Artificial members and braces -- Waiver of privilege -- Disclosure of interest in referrals.
.021 Repealed, effective January 1, 1973.
.025 Repealed, effective January 1, 1973.
.030 Repealed, 1970.
.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 -- Medical fee schedule for registered nurse first assistants.
.038 Employer to keep record of injuries -- Reports required to be filed.
.039 Filing of detailed claim information by each insurance company, self-insured group, and employer carrying its own risk.
.040 Time of payment of income benefits and retraining incentive benefits -- Attorney's fees for recovery of overdue temporary total disability income benefits -- Interest on overdue benefits.
.045 Repealed, effective January 1, 19973.
.050 Repealed, effective January 1, 1973.
.055 Repealed, efective January 1, 1973.
.060 Repealed, effective January 1, 1973.
.065 Certain minors considered sui juris.
.070 Repealed effective January 1, 1973.
.075 Determination of dependency.
.080 Repealed effective January 1, 1973.
.085 Definition of certain dependents.
.090 Payment of death benefits in good faith -- Release of payor from liability.
.095 Repealed, effective January 1, 1973.
.100 Repealed, effective January 1, 1973.
.105 Repealed, effective January 1, 1973.
.110 Repealed, effective January 1, 1973.
.111 Repealed, effective January 1, 1973.
.113 Repealed, effective January 1, 1973.
.115 Repealed, 1970.
.120 Division of Workers' Compensation Funds -- Fund's liability for claims occurring after December 12, 1996 -- Payment of settlements for income benefits.
.1201 Repealed, 1996.
.1202 Repealed, 1996.
.121 Repealed, 1996.
.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.
.123 Repealed, 1987.
.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.
.124 Repealed, 1990.
.1241 Legislative findings and declarations on Kentucky coal workers' pneumoconiosis fund.
.1242 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.
.145 Repealed, effective January 1, 1973.
.150 Repealed, 1996.
.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.
.170 Repealed, effective January 1, 1973.
.175 Lien for compensation.
.180 Compensation claim not assignable -- Exempt from debts -- Exception.
.185 Notice of accident -- Claim for compensation -- Limitation.
.186 Repealed, 1980.
.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.
.220 Oath of Board Members.
.225 Repealed, 1964.
.228 Responsibilities of Office of Workers' Claims -- Selection and qualifications of executive director.
.229 Claimant records -- Limitation on inspection.
.230 Employees of Office of Workers' Claims -- Duties and salary of executive director -- Appointment, qualifications, terms, and duties of administrative law judges -- Removal provisions -- Vacancies -- Chief administrative law judge.
.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.
.250 Repealed, effective January 1, 1973
.255 Repealed, 1987
.260 Executive director'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 -- 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 -- Assignment to administrative law judge -- Administrative regulations for procedures for resolution of claims.
.275 Benefit review by administrative law judge -- Determination -- Procedures -- Deadline.
.276 Mediation program.
.277 Alternative dispute resolution.
.280 Repealed, 1964.
.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 -- Applicability of consensus procedure.
.317 Repealed, 1980.
.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.
.325 Questions not settled by agreement of parties determined by administrative law judge.
.329 Division of Ombudsman and Specialist Services -- Functions -- Ombudsman program -- Toll-free telephone access.
.330 Repealed, 1976.
.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 -- Notification required.
.342.342 Annual review of individual self-insurance administrative regulations -- Annual report on financial soundness of self-insurers and self-insurance groups -- Division of Security and Compliance expansion.
.345 Certificate of individual self-insurance -- Revocation -- New certificate -- Effect of revocation.
.347 Examination of finances of individual self-insureds -- Annual statement of financial condition -- Role of Office of Insurance.
.350 Mutual insurance associations and reciprocal or interinsurance exchanges for compensation claims -- Reinsurance -- Self-insured groups.
.352 Voluntary programs for integrated management of employer's worker compensation and group health insurance claims -- Twenty-four hour coverage.
.355 Repealed, effective January 1, 1973.
.360 Agreements in policy as to notice -- Jurisdiction and liability of insurer.
.365 Policy to waive improper notice and be direct promise to employee.
.370 Repealed, 1952.
.375 Policy to cover entire liability of employer -- Separate policy for specified plant or location may be authorized.
.380 Executive director of Office of Insurance to approve policy -- Review -- Appeal.
.382 Report of workers' compensation experience.
.385 Repealed, 1946 and 1948.
.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.
.405 Repealed, effective January 1, 1973.
.410 Repealed, effective January 1, 1973.
.415 Repealed, effective January 1, 1973.
.420 Employee not to pay premium for compensation.
.425 Attorneys required to represent office, its employees, the board, or administrative law judges.
.430 Blank forms to be furnished by executive director.
.435 Executive director's annual report.
.440 Repealed, effective January 4, 1988.
.445 Repealed, effective January 4, 1988.
.447 Insurance companies' payments of amounts collected for taxes and assessments of Kentucky Reinsurance Association or Department of Revenue mandatory -- Audits to ensure compliance.
.450 Repealed, effective January 4, 1988.
.455 Repealed, effective January 4, 1988..
.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.
.475 Repealed, effective January 4, 1988.
.480 Repealed, effective January 4, 1988.
.485 Repealed, 1972.
.490 Repealed, effective December 29, 1987.
.495 Kentucky Employee's Insurance Association created -- Attached to Department of Labor 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 Executive director 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 342.0011, effective 1987.
.630 Coverage of employers.
.640 Coverage of employees.
.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.
.720 Repealed, 1996
.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 -- Referral to Office of Vocational Rehabilitation -- Administrative regulations.
.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.
.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.
.792 Consideration, reopening, and filing of claims of miners who were last exposed to hazards on certain dates -- Benefits -- Administrative regulations.
.794 "B" reader list -- Consensus classifications -- Report evaluating physicians on list -- Removal of physicians.
.796 Notice of education and training opportunities.
.800 Repealed, 1994.
Employers' Mutual Insurance Authority
.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.
Self-Insurance Guaranty Funds
.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.
.920 Self-insurance fund for payments to workers' compensation claimants injured before March 1, 1997.
Penalties
.990 Penalties -- Restitution.
