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Kentucky Chapter 342 — Workers' Compensation

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  • KRS 342.001— Repealed, 1973
  • KRS 342.002— Repealed, 1966
  • KRS 342.003— Repealed, 1973
  • KRS 342.004— Repealed, 1980
  • KRS 342.005— Repealed, 1973
  • KRS 342.006— Repealed, 1966
  • KRS 342.007— Repealed, 1966
  • KRS 342.008— Repealed, 1966
  • KRS 342.009— Repealed, 1966
  • KRS 342.010— Repealed, 1973
  • KRS 342.0011— Definitions for chapter
  • KRS 342.011— Repealed, 1956
  • KRS 342.0012— Repealed, 2017
  • KRS 342.012— Business owners -- Election to be included as employees -- Qualified partners and members, nonqualified partners and members, and limited liability company defined -- Provision of partnership agreement or articles of organization upon request
  • KRS 342.0015— Application of 1996 (1st Extra. Sess.) Ky. Acts ch. 1
  • KRS 342.015— Repealed, 1973
  • KRS 342.016— Repealed, 1972
  • KRS 342.017— Repealed, 1973
  • KRS 342.019— Coverage of chiropractic services
  • KRS 342.020— Medical treatment at expense of employer -- Duration of employer's obligation -- Continuation of benefits -- Selection of physician and hospital -- Payment -- Managed health care system -- Artificial members and braces -- Waiver of privilege -- Disclosure of interest in referrals -- Urine drug screenings -- Pharmacist services and procedures
  • KRS 342.021— Repealed, 1973
  • KRS 342.025— Repealed, 1973
  • KRS 342.030— 342.030 Repealed, 1970
  • KRS 342.033— Definition of "physician" for section -- Medical evidence -- Limitation -- Form
  • KRS 342.035— Administrative regulations -- Medical fee schedule -- Review and updating -- Action for excess fees -- Effect of failure to submit to or follow surgical or medical treatment or advice -- Certification to commissioner -- Audit -- Utilization review -- Report -- Copies of records -- Practice parameters and evidence-based guidelines -- Formulary -- Medical fee schedule for registered nurse first assistants
  • KRS 342.038— Employer to keep record of injuries -- Reports required to be filed
  • KRS 342.039— Filing of detailed claim information by each insurance company, self-insured group, and employer carrying its own risk
  • KRS 342.040— 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
  • KRS 342.045— Repealed, 1973
  • KRS 342.050— Repealed, 1973
  • KRS 342.055— Repealed, 1973
  • KRS 342.060— Repealed, 1973
  • KRS 342.065— Certain minors considered sui juris
  • KRS 342.070— Repealed, 1973
  • KRS 342.075— Determination of dependency
  • KRS 342.080— Repealed, 1973
  • KRS 342.085— Definition of certain dependents
  • KRS 342.090— Payment of death benefits in good faith -- Release of payor from liability
  • KRS 342.095— Repealed, 1973
  • KRS 342.100— Repealed, 1973
  • KRS 342.105— Repealed, 1973
  • KRS 342.110— Repealed, 1973
  • KRS 342.111— Repealed, 1973
  • KRS 342.113— Repealed, 1973
  • KRS 342.115— Repealed, 1970
  • KRS 342.120— Division of Workers' Compensation Funds -- Fund's liability for claims occurring after December 12, 1996 -- Payment of settlements for income benefits -- Transfer of responsibilities from division to Kentucky Employers' Mutual Insurance Authority
  • KRS 342.121— Repealed, 1996
  • KRS 342.122— Special fund assessments -- Annual adjustments -- Quarterly payments -- Electronic remittance -- Reports -- Central claim registry
  • KRS 342.123— Repealed, 1987
  • KRS 342.124— Repealed, 1990
  • KRS 342.125— 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
  • KRS 342.130— Compensation of alien dependents
  • KRS 342.135— Notice, how served -- Notice to nonresident alien
  • KRS 342.140— Computation of employee's average weekly wage
  • KRS 342.143— Method for determining the average weekly wage of the state
  • KRS 342.145— Repealed, 1973
  • KRS 342.150— Repealed, 1996
  • KRS 342.155— Payment of lump-sum compensation to trustee
  • KRS 342.160— Payments to certain dependents for others -- Effect of legal disability of dependent
  • KRS 342.165— 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
  • KRS 342.170— Repealed, 1973
  • KRS 342.175— Lien for compensation
  • KRS 342.180— Compensation claim not assignable -- Exempt from debts -- Exception
  • KRS 342.185— Notice of accident -- Claim for compensation -- Limitation -- Cumulative trauma injury
  • KRS 342.186— Repealed, 1980
  • KRS 342.190— Notice and claim to be in writing -- Contents
  • KRS 342.195— Notice and claim -- How served
  • KRS 342.197— Discrimination against employees who have filed claims or who have a diagnosis of coal-related pneumoconiosis -- Civil remedies
  • KRS 342.200— Certain defects or failure to give notice not to bar compensation
  • KRS 342.205— 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
  • KRS 342.210— Limitation of time not to run against minors or incompetents
  • KRS 342.213— Workers' Compensation Nominating Committee -- Membership -- Duties with respect to appointments
  • KRS 342.215— Workers' Compensation Board -- Authority -- Appointment -- Qualifications -- Term -- Vacancies -- Retirement system coverage
  • KRS 342.220— Oath of Board Members
  • KRS 342.225— Repealed, 1964
  • KRS 342.228— Responsibilities of Department of Workers' Claims -- Selection and qualifications of commissioner
  • KRS 342.229— Claimant records -- Limitation on inspection
  • KRS 342.230— Appointment, qualifications, terms, and duties of administrative law judges -- Exemption from classified service -- Removal provisions -- Vacancies -- Chief administrative law judge
  • KRS 342.231— Monthly reports
  • KRS 342.232— Quarterly reports on insurance guaranty funds, Kentucky coal workers' pneumoconiosis fund, and the status of KRS Chapter 342
  • KRS 342.235— Traveling expenses
  • KRS 342.240— Office -- Equipment -- Seal -- Sessions -- Venue of certain proceedings
  • KRS 342.245— Record of proceedings
  • KRS 342.250— Repealed, 1973
  • KRS 342.255— Repealed, 1987
  • KRS 342.260— Permitted and required departmental administrative regulations -- Adoption of life expectancy tables -- Processes and procedure -- Subpoenas -- Duties of sheriff and Circuit Court
  • KRS 342.262— Legislative findings -- Commissioner to give recommendation on new edition of "Guides to the Evaluation of Permanent Impairment" -- Approval of General Assembly required to effectuate
  • KRS 342.265— Compensation agreement -- Approval by administrative law judge -- Lump-sum payments -- Reopening as remedy for disagreement -- Abatement of application for resolution
  • KRS 342.267— Unfair claims settlement practices -- Penalties
  • KRS 342.270— Application for resolution of claim -- Joinder -- Assignment to administrative law judge -- Administrative regulations for procedures for resolution of claims
  • KRS 342.275— Benefit review by administrative law judge -- Determination -- Procedures -- Deadline
  • KRS 342.276— Mediation program
  • KRS 342.277— Alternative dispute resolution
  • KRS 342.280— Repealed, 1964
  • KRS 342.281— Petition for reconsideration -- Contents -- Response -- Decision
  • KRS 342.285— Appeal to Workers' Compensation Board -- Remanding claim to administrative law judge
  • KRS 342.290— Review by Court of Appeals
  • KRS 342.295— Safekeeping, transporting and return of original record of board
  • KRS 342.300— Continuation of award pending appeal -- Suspension
  • KRS 342.305— Enforcement by Circuit Court of agreement, order, decision, or award
  • KRS 342.310— Assessment of cost of unreasonable proceedings -- Restitution
  • KRS 342.315— Medical evaluations by university medical schools and "B" readers -- Procedures -- Report -- Payment of costs -- Performance assessment of medical schools -- Use of telehealth
  • KRS 342.316— Liability of employer and previous employers for occupational disease -- Claims procedure -- Administrative regulations -- Time limitations on claims -- Determination of liable employer -- Audit -- Amount of compensation -- Effect of concluded coal workers' pneumoconiosis claim
  • KRS 342.317— Repealed, 1980
  • KRS 342.318— Application of provisions of KRS 342.316(4) to certain asbestos-related disease claims
  • KRS 342.320— Approval of attorney's and physician's fees and hospital charges -- Limits on attorney's fees -- Payment of attorney fees -- Form indicating payment method selected -- Award by administrative law judge -- Fees for representing employers
  • KRS 342.325— Questions not settled by agreement of parties determined by administrative law judge
  • KRS 342.329— Division of Ombudsman and Workers' Compensation Specialist Services -- Functions -- Ombudsman program -- Toll-free telephone access
  • KRS 342.330— Repealed, 1976
  • KRS 342.335— Fraud and misrepresentation in filing or delaying the filing of claims and in receiving or providing services or benefits -- Penalties
  • KRS 342.340— Employer to insure or provide security against liability to workers
  • KRS 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
  • KRS 342.345— Certificate of individual self-insurance -- Revocation -- New certificate -- Effect of revocation
  • KRS 342.347— Examination of finances of individual self-insureds -- Annual statement of financial condition -- Role of Department of Insurance
  • KRS 342.350— Mutual insurance associations and reciprocal or interinsurance exchanges for compensation claims -- Reinsurance -- Self-insured groups -- Power to contract, sue, and be sued
  • KRS 342.352— Voluntary programs for integrated management of employer's worker compensation and group health insurance claims -- Twenty-four hour coverage
  • KRS 342.355— Repealed, 1973
  • KRS 342.360— Agreements in policy as to notice -- Jurisdiction and liability of insurer
  • KRS 342.365— Policy to waive improper notice and be direct promise to employee
  • KRS 342.370— Repealed, 1952
  • KRS 342.375— Policy to cover entire liability of employer -- Separate policy for specified plant or location may be authorized
  • KRS 342.380— Commissioner of Department of Insurance to approve policy -- Review -- Appeal
  • KRS 342.382— Report of workers' compensation experience
  • KRS 342.385— Repealed, 1946 and 1948
  • KRS 342.390— Employer's election to operate under chapter
  • KRS 342.395— Employee deemed to have accepted provisions of chapter -- Employee's written notice of rejection -- Withdrawal of election
  • KRS 342.400— Notice of employee's rejection to be preserved
  • KRS 342.402— Restraining or enjoining of operations of employer
  • KRS 342.405— Repealed, 1973
  • KRS 342.410— Repealed, 1973
  • KRS 342.415— Repealed, 1973
  • KRS 342.420— Employee not to pay premium for compensation
  • KRS 342.425— Attorneys required to represent department, its employees, the board, or administrative law judges
  • KRS 342.430— Blank forms to be furnished by commissioner
  • KRS 342.435— Commissioner's annual report
  • KRS 342.440— Repealed, 1988
  • KRS 342.445— Repealed, 1988
  • KRS 342.447— Insurance companies' payments of amounts collected for taxes and assessments of Kentucky Reinsurance Association or Department of Revenue mandatory -- Audits to ensure compliance
  • KRS 342.450— Repealed, 1988
  • KRS 342.455— Repealed, 1988
  • KRS 342.460— Withdrawal from business in Kentucky before special fund assessments and other taxes fall due or failure to pay tax -- Collection -- Attorney's fees
  • KRS 342.465— Persons not to act for unauthorized insurance company nor to make false statement or return
  • KRS 342.470— How notice may be given to insurance carrier
  • KRS 342.475— Repealed, 1988
  • KRS 342.480— Repealed, 1988
  • KRS 342.485— Repealed, 1972
  • KRS 342.490— Repealed, 1987
  • KRS 342.495— Repealed, 2010
  • KRS 342.500— Repealed, 2010
  • KRS 342.505— Repealed, 2010
  • KRS 342.510— Repealed, 2010
  • KRS 342.515— Repealed, 2010
  • KRS 342.520— Repealed, 2010
  • KRS 342.525— Repealed, 2010
  • KRS 342.530— Repealed, 2010
  • KRS 342.535— Repealed, 2010
  • KRS 342.540— Repealed, 2010
  • KRS 342.545— Repealed, 2010
  • KRS 342.550— Repealed, 2010
  • KRS 342.555— Repealed, 2010
  • KRS 342.610— Liability for compensation -- Contractor and subcontractor -- Limitation of liability if employee intended to kill or injure self or another -- Illegal substances -- Employer's intention to produce injury or death -- Builder's proof of coverage required for issuance of building permit -- Notice required to be posted by employers
  • KRS 342.615— Repealed, 2022
  • KRS 342.620— Renumbered as KRS 342.0011
  • KRS 342.630— Coverage of employers
  • KRS 342.640— Coverage of employees
  • KRS 342.650— Exemptions of particular classes of employees from coverage
  • KRS 342.660— Voluntary coverage
  • KRS 342.670— Extraterritorial coverage
  • KRS 342.680— Presumptions in the case of death or of physical or mental inability to testify
  • KRS 342.690— Exclusiveness of liability
  • KRS 342.700— 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
  • KRS 342.710— Rehabilitation rights, duties, and procedures -- Acceleration of benefits
  • KRS 342.715— Calculation of benefits during participation in vocational or physical rehabilitation program
  • KRS 342.720— Repealed, 1996
  • KRS 342.730— Determination of income benefits for disability -- Survivors' rights -- Termination -- Offsets -- Notification of return to work -- Professional athletes
  • KRS 342.732— Income benefits and retraining incentive benefits for coal workers' pneumoconiosis -- Referral to Office of Vocational Rehabilitation -- Administrative regulations -- Online portal
  • KRS 342.734— Mandated administrative regulations on medical services
  • KRS 342.735— 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
  • KRS 342.740— Determination of average weekly wage -- Adjustment in weekly maximum and minimum income benefits for disability
  • KRS 342.750— Income benefits for death -- Additional lump-sum payment for deaths occurring within four years of injury
  • KRS 342.760— Uninsured employers' fund
  • KRS 342.765— Administration of fund -- Transfer of reimbursement funds -- Reports
  • KRS 342.770— Determination of employer's compliance -- Recording certificate constituting a lien in favor of uninsured employer's fund
  • KRS 342.780— Joinder of uninsured employers' fund
  • KRS 342.790— Award against noncomplying employer as a liquidated claim for damages -- Action by Attorney General for uninsured employers' fund
  • KRS 342.792— Consideration, reopening, and filing of claims of miners who were last exposed to hazards on certain dates -- Benefits
  • KRS 342.794— "B" reader list
  • KRS 342.796— Notice of education and training opportunities
  • KRS 342.800— Repealed, 1994
  • KRS 342.801— Legislative findings and intent
  • KRS 342.803— Kentucky Employers' Mutual Insurance Authority
  • KRS 342.805— Definitions for KRS 342.801 to 342.843
  • KRS 342.807— Board of directors
  • KRS 342.809— Election of officers -- Quorum -- Compensation -- Ex officio members of board
  • KRS 342.811— Powers and duties of board
  • KRS 342.813— Manager -- Qualifications -- Powers and duties -- Bond
  • KRS 342.815— Insurance coverage provisions
  • KRS 342.817— Rating plans, rates, and underwriting standards for different classes of risks -- Competitive nature and filing requirement for rates -- Annual report on status of surplus
  • KRS 342.819— Dividends
  • KRS 342.821— Quarterly reports of assets and liabilities
  • KRS 342.823— 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
  • KRS 342.825— Investments
  • KRS 342.827— Statistical and actuarial data to be maintained
  • KRS 342.829— Funding of authority -- Restrictions on use of funds
  • KRS 342.831— Marketing and sales agents -- Commissions
  • KRS 342.833— Workplace safety program for policyholders -- On-site examinations
  • KRS 342.835— Board member, manager, or employee exempt from personal liability for official acts
  • KRS 342.837— Compliance with Executive Branch Code of Ethics -- Conflicts of interest
  • KRS 342.839— Applicability of specified provisions of law
  • KRS 342.841— Applicability of open meetings and open records provisions
  • KRS 342.843— Monitoring of operations of authority by Attorney General and Auditor of Public Accounts -- Report to General Assembly
  • KRS 342.900— Legislative findings and declarations
  • KRS 342.902— Definitions for KRS 342.900 to 342.912
  • KRS 342.904— Exemption of public-sector self-insured employers and self-insurance groups
  • KRS 342.906— Guaranty funds -- Required participation -- Purpose -- Operating procedures -- Use of moneys -- Liability for actions
  • KRS 342.908— 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
  • KRS 342.910— Rights and responsibilities of funds as to payments made, due, or recoverable
  • KRS 342.912— Annual audit -- Annual report -- Deadline for establishment -- Events causing fund's liability for payment of benefits
  • KRS 342.920— Self-insurance fund for payments to workers' compensation claimants injured before March 1, 1997
  • KRS 342.990— Penalties -- Restitution
  • KRS 342.1201— Repealed, 1996
  • KRS 342.1202— Repealed, 1996
  • KRS 342.1221— Penalty and interest on late payment of assessments and expenses -- Waiver
  • KRS 342.1222— Refunds or credits on canceled or returned premiums
  • KRS 342.1223— Kentucky Workers' Compensation Funding Commission -- Commission's relationship with Office of Financial Management within the Finance and Administration Cabinet
  • KRS 342.1224— Board of directors of funding commission
  • KRS 342.1225— Annual audit of commission's financial statements
  • KRS 342.1226— Special fund and funding commission to share books, records, documents and information
  • KRS 342.1227— Loan or transfer of funds of funding commission prohibited
  • KRS 342.1228— Funding commission exempt from reorganization powers of Governor
  • KRS 342.1229— Benefit reserve fund
  • KRS 342.1231— Payment for assessment, penalty and interest, and expenses -- Procedure for protesting special fund assessments -- Expenses of audits, how paid -- Mailing of assessment notice -- Documents relevant to reports and audits -- Notice and payment of refund -- Penalty for late payment
  • KRS 342.1232— Use of administrative savings from 1996 (1st Extra. Sess.) Ky. Acts ch. 1
  • KRS 342.1240— Legislative findings and declaration of intent regarding the Kentucky coal workers' pneumoconiosis fund
  • KRS 342.1241— Repealed, 2017
  • KRS 342.1242— Kentucky coal workers' pneumoconiosis fund -- Liability for and manner of making payments for awards for coal workers' pneumoconiosis -- Assessments to finance fund -- When assessments cease -- Distribution of excess assessments to employers -- Reimbursement of funding commission by Kentucky Employers' Mutual Insurance Authority
  • KRS 342.1243— Transfer of the administration, assets, and liabilities of the Kentucky coal workers' pneumoconiosis fund -- Assessments on employers -- Abolition of fund
  • KRS 342.7305— Compensability of occupational hearing loss -- Authority for administrative regulations -- Rebuttable presumption as to employer liability