01RS HB275


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HB 275/LM (BR 1115) - J. Gray, J. Jenkins, R. Meeks

     AN ACT relating to workers' compensation.
     Amend KRS 342.0011 to include under the definition of "injury" any psychological, psychiatric or stress-related traumatic or series of traumatic events; delete language excluding the natural aging process; redefine "temporary total disability" as the condition where an employee has not reached maximum medical improvement or a level that permits the employer to return to his regular employment; delete language in definition of "permanent total disability" referring to a permanent disability rating; amend KRS 342.038 to require the employer's report of injury to include certification that the injured employee has been notified of the employee's rights under KRS Chapter 342, including time limits for filing and reopening claims; amend KRS 342.125 to set the period for reopening as beyond the termination date of the compensable permanent partial disability period in KRS 342.730(1), and prohibit a claim from being reopened within a year of the award or order; amend KRS 342.185 to permit the filing of a claim for cumulative trauma two years after the last injurious exposure; amend KRS 342.267 to require all fines paid by an insurance carrier found guilty of unfair claims settlement practices, to be paid to the employee adversely affected by the carrier's actions; amend KRS 342.690 to prohibit employer exemption from liability in cases where the injury or death is proximately caused by the intentional failure of the employer to comply with safety laws and administrative regulations; amend KRS 342.730 to provide that an employee having a medical impairment rating of 25% or less will be eligible for 425 weeks compensation, and if the medical impairment rating is 25% or more the employee will be eligible for 520 weeks of compensation; require that workers' compensation benefits will be offset by Social Security old age retirement benefits on a dollar per dollar basis when the employee qualifies for Social Security old age retirement benefits, and the reduction in workers' compensation shall become effective when the employee qualifies for Social Security retirement benefits; require a similar offset for spouses and dependents; create a new section of KRS Chapter 342 to require the offset of temporary total disability benefits by earnings when an employee returns to work, but is restricted in his ability to perform his regular employment, or is assigned to light duty; create new sections of KRS 304.13 (Insurance Code) to require the commissioner to promulgate administrative regulations to establish a pilot project to implement a High Wage Premium Credit Program for worker's compensation insurance.

     Feb 12-introduced in House
     Feb 13-to Labor and Industry (H)
     Feb 14-posted in committee
     Feb 21-reported favorably, 1st reading, to Calendar
     Feb 22-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 23, 2001
     Mar 5-recommitted to Appropriations and Revenue (H)

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