SB 177 (BR 557) - D. Karem
AN ACT relating to reorganization.
Amend KRS 12.020 and KRS 336.015 to change the name of the Office of Labor-Management Relations in the Labor Cabinet to the Office of Labor-Management Relations and Mediation; amend KRS 336.020 to change the name of the Division of Employment Standards and Mediation in the Labor Cabinet to the Division of Employment Standards, Apprenticeship and Training; transfer the Mediation Branch of the Division of Employment Standards, Apprenticeship and Training to the Office of Labor-Management Relations and Mediation; transfer the Division of Special Fund of the Department of Workers' Claims to the Department of Workplace Standards in the Labor Cabinet; create the Division of Information and Research, and the Division of Security and Compliance in the Department of Workers' Claims in the Labor Cabinet; amend KRS 198B.658, 336.164, 336.165, and 342.122 to conform; confirm Executive Order 96-885, to the extent not otherwise confirmed and except for the creation of the Office of Fraud Prevention, which was superseded by Executive Order 97-69.
SB 177 - AMENDMENTS
SCS - Retain original provisions of the bill in its entirety, but amend KRS 336.140, 336.151, 336.152, 336.160, and KRS 345.080 to conform.
HFA (1, B. Heleringer) - Increase attorney fee up to arbitrator level from $2,000 to $3,500.
HFA (2, B. Heleringer) - Delete approval requirement for attorney fees of $1,000 or less.
HFA (3, J. Jenkins) - Amend KRS 342.125 to prohibit review of a claim reopened for medical purposes by an arbitrator or administrative law judge who ruled on the original claim.
HFA (4, J. Gray) - Amend KRS 342.730 to allow administrative law judge to use discretion to determine disabilities not addressed by "Guides to the Evaluation of Permanent Impairment," American Medical Association, by using other standardized guides for permanent partial disability.
HFA (5, B. Yonts) - Amend KRS 342.267 to provide civil remedies for workers' compensation unfair claims practices.
HFA (6, H. Deskins Jr) - Amend KRS 342.315 to delete presumptive weight requirement for medical evaluations.
HFA (7, H. Deskins Jr) - Amend KRS 342.730 to allow administrative law judge to increase or decrease the factor used to calculate disability by 0.75 for permanent partial disability; allows administrative law judge to use discretion to determine disabilities not addressed by "Guides to the Evaluation of Permanent Impairment," American Medical Association, by using other standardized guides for permanent partial disability.
HFA (8, H. Deskins Jr) - Delete reduction of permanent partial disability benefits when an employee returns to work at a wage equal to or greater than the wage earned at the time of injury.
HFA (9, H. Deskins Jr) - Delete exemption for effects of the natural aging process from the definition of injury.
HFA (10, H. Deskins Jr) - Amend KRS 342.267 to preserve an employee's right to bring a cause of action against a carrier or self-insured employer.
HFA (11, H. Deskins Jr) - Amend KRS 342.0011 to redefine "temporary total disability" to mean an injured employee's condition, when he or she has not reached maximum medical improvement or is able to return to his or her usual and customary employment; redefine "permanent partial disability" to mean an injured employee's condition, when he or she has a permanent disability rating, but is able to engage in substantial gainful employment; redefine "permanent total disability" to mean the condition of an injured employee when he or she has a permanent disability and is unable to perform any type of substantial gainful employment; and require the irrebuttable presumption of total disability for an injury resulting in an incurable psychiatric or psychological disease or disorder, as defined by the latest edition of the American Medical Association's "Guides to Evaluation of Permanent Impairment."
HFA (12, H. Deskins Jr) - Increase reopening period from 4 years to 520 weeks, or except in situations involving surgical intervention, within one year of the award or order, or within one year of a previous motion to reopen.
HFA (13, H. Deskins Jr) - Amend KRS 342.732 to revise black lung benefit structure.
HFA (14, H. Deskins Jr) - Amend KRS 342.730 to delete language in subsection (4) that requires the termination of workers' compensation income benefits when an injured employee qualifies for normal old age social security retirement benefits, or two years after the employee's injury or last exposure, whichever occurs last; amend KRS 342.750 to conform.
HFA (15/Title, H. Deskins Jr) - Amend title to read "An Act relating to labor."
HFA (16, H. Deskins Jr) - Amend KRS 342.230 to require that the Commissioner of the Dept. of Workers' Claims be paid no more than the salary of the Chief Judge of the Court of Appeals.
HFA (17, J. Jenkins) - WITHDRAWN
HFA (18, H. Anderson) - Create new sections of KRS Chapter 18A to implement a pilot project on collective bargaining for state government employees.
HFA (19, H. Anderson) - Amend to create KRS Chapter 336A, to provide collective bargaining rights for public employees and provide for binding arbitration.
HFA (20, H. Anderson) - Create Task Force on Collective Bargaining for Public Employees; establish membership and duties of.
Jan 20-introduced in Senate
Jan 21-to Economic Development and Labor (S)
Feb 10-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
Feb 11-2nd reading, to Rules
Feb 12-posted for passage in the Consent Orders of the Day for February 17, 1998
Feb 17-3rd reading, passed 36-0 with Committee Substitute
Feb 18-received in House
Feb 19-to Labor and Industry (H)
Feb 24-posted in committee
Feb 26-reported favorably, 1st reading, to Calendar
Feb 27-2nd reading, to Rules
Mar 2-posted for passage in the Regular Orders of the Day for March 3, 1998
Mar 16-floor amendments (1) (2) and (3) filed
Mar 17-floor amendments (4) and (5) filed
Mar 18-floor amendments (6) (7) (8) (9) (10) (11) (12) (13) (14) (15-title) and (16) filed
Mar 20-floor amendment (17) filed
Mar 23-floor amendment (17) withdrawn
Mar 25-floor amendments (18) (19) and (20) filed
Mar 27-floor amendment (21) filed
Apr 1-3rd reading; floor amendment (20) ruled not germane; passed 90-3; received in Senate
Apr 2-enrolled, signed by each presiding officer, delivered to Governor
Apr 14-signed by Governor