HB 188 (BR 1191) - B. Yonts, C. Ratliff
AN ACT relating to workers' compensation.
Amend KRS 342.267 to increase fines for violations of unfair claims practices in workers' compensation; require that fines be paid to the injured worker; provide reasonable attorney's fees.
HB 188 - AMENDMENTS
HCS - Retain original provisions, but provide for an injured worker to recover in Circuit Court all other damages at law sustained by the worker.
HFA (1, S. Nunn) - Amend to delete workers' recovery in Circuit Court of all other damages.
HFA (2, B. Yonts) - Amend KRS 342.267 to add subsection (2) to specify that a cause of action shall be against the carrier and not against the employer, and that the exclusive remedy is not impaired.
HFA (3, B. Yonts) - Amend KRS 342.267 to add subsection (2) to specify that any fines assessed by the commissioner or final judgments issued, to an insurance carrier, self insurance group, or third party administrator for a self-insured employer or group for violations of unfair claims practices in workers' compensation shall not be a basis to increase workers' compensation insurance premiums.
HFA (4, B. Yonts) - Amend KRS 342.267 to add a subsection (2) to provide an injured worker the right to bring a private cause of action in Circuit Court for violations of KRS 304.12-230, the Kentucky Unfair Claims Settlement Practices Act; deletes provision that provides that fines collected under KRS 342.267 and KRS 304.12-230 be paid to the injured worker; deletes provisions providing for reasonable attorney fees and requirement that any sum paid to an injured worker or awarded to an attorney shall be in addition to benefits or attorney fees awarded or approved under KRS 342.
(Prefiled by the sponsor(s))
Jan 4-introduced in House; to Labor and Industry (H)
Jan 6-posted in committee
Jan 19-reported favorably, 1st reading, to Calendar with Committee Substitute ; floor amendment (1) filed to Committee Substitute
Jan 20-2nd reading, to Rules
Jan 26-posted for passage in the Regular Orders of the Day for Thursday, January 27, 2000
Jan 28-floor amendment (2) filed to Committee Substitute
Feb 4-floor amendments (3) and (4) filed to Committee Substitute
Feb 18-recommitted to Appropriations and Revenue (H)