Chapter 342 - WORKERS' COMPENSATION

Section 342.001 - [Repealed]
Section 342.0011 - Definitions for chapter
Section 342.0012 - [Repealed]
Section 342.0015 - Application of 1996 (1st Extra. Sess.) Ky. Acts ch. 1
Section 342.002 - [Repealed]
Section 342.003 - [Repealed]
Section 342.004 - [Repealed]
Section 342.005 - [Repealed]
Section 342.006 - [Repealed]
Section 342.007 - [Repealed]
Section 342.008 - [Repealed]
Section 342.009 - [Repealed]
Section 342.010 - [Repealed]
Section 342.011 - [Repealed]
Section 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
Section 342.015 - [Repealed]
Section 342.016 - [Repealed]
Section 342.017 - [Repealed]
Section 342.019 - Coverage of chiropractic services
Section 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
Section 342.021 - [Repealed]
Section 342.025 - [Repealed]
Section 342.030 - [Repealed]
Section 342.033 - Definition of "physician" for section - Medical evidence - Limitation - Form
Section 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
Section 342.038 - Employer to keep record of injuries - Reports required to be filed
Section 342.039 - Filing of detailed claim information by each insurance company, self-insured group, and employer carrying its own risk
Section 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
Section 342.045 - [Repealed]
Section 342.050 - [Repealed]
Section 342.055 - [Repealed]
Section 342.060 - [Repealed]
Section 342.065 - Certain minors considered sui juris
Section 342.070 - [Repealed]
Section 342.075 - Determination of dependency
Section 342.080 - [Repealed]
Section 342.085 - Definition of certain dependents
Section 342.090 - Payment of death benefits in good faith - Release of payor from liability
Section 342.095 - [Repealed]
Section 342.100 - [Repealed]
Section 342.105 - [Repealed]
Section 342.110 - [Repealed]
Section 342.111 - [Repealed]
Section 342.113 - [Repealed]
Section 342.115 - [Repealed]
Section 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
Section 342.1201 - [Repealed]
Section 342.1202 - [Repealed]
Section 342.121 - [Repealed]
Section 342.122 - Special fund assessments - Annual adjustments - Quarterly payments - Electronic remittance - Reports - Central claim registry
Section 342.1221 - Penalty and interest on late payment of assessments and expenses - Waiver
Section 342.1222 - Refunds or credits on canceled or returned premiums
Section 342.1223 - Kentucky Workers' Compensation Funding Commission - Commission's relationship with Office of Financial Management within the Finance and Administration Cabinet
Section 342.1224 - Board of directors of funding commission
Section 342.1225 - Annual audit of commission's financial statements
Section 342.1226 - Special fund and funding commission to share books, records, documents and information
Section 342.1227 - Loan or transfer of funds of funding commission prohibited
Section 342.1228 - Funding commission exempt from reorganization powers of Governor
Section 342.1229 - Benefit reserve fund
Section 342.123 - [Repealed]
Section 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
Section 342.1232 - Use of administrative savings from 1996 (1st Extra. Sess.) Ky. Acts ch. 1
Section 342.124 - [Repealed]
Section 342.1240 - Legislative findings and declaration of intent regarding the Kentucky coal workers' pneumoconiosis fund
Section 342.1241 - [Repealed]
Section 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
Section 342.1243 - Transfer of the administration, assets, and liabilities of the Kentucky coal workers' pneumoconiosis fund - Assessments on employers - Abolition of fund
Section 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
Section 342.130 - Compensation of alien dependents
Section 342.135 - Notice, how served - Notice to nonresident alien
Section 342.140 - Computation of employee's average weekly wage
Section 342.143 - Method for determining the average weekly wage of the state
Section 342.145 - [Repealed]
Section 342.150 - [Repealed]
Section 342.155 - Payment of lump-sum compensation to trustee
Section 342.160 - Payments to certain dependents for others - Effect of legal disability of dependent
Section 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
Section 342.170 - [Repealed]
Section 342.175 - Lien for compensation
Section 342.180 - Compensation claim not assignable - Exempt from debts - Exception
Section 342.185 - Notice of accident - Claim for compensation - Limitation - Cumulative trauma injury
Section 342.186 - [Repealed]
Section 342.190 - Notice and claim to be in writing - Contents
Section 342.195 - Notice and claim - How served
Section 342.197 - Discrimination against employees who have filed claims or who have a diagnosis of coal-related pneumoconiosis - Civil remedies
Section 342.200 - Certain defects or failure to give notice not to bar compensation
Section 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
Section 342.210 - Limitation of time not to run against minors or incompetents
Section 342.213 - Workers' Compensation Nominating Committee - Membership - Duties with respect to appointments
Section 342.215 - Workers' Compensation Board - Authority - Appointment - Qualifications - Term - Vacancies - Retirement system coverage
Section 342.220 - Oath of Board Members
Section 342.225 - [Repealed]
Section 342.228 - Responsibilities of Department of Workers' Claims - Selection and qualifications of commissioner
Section 342.229 - Claimant records - Limitation on inspection
Section 342.230 - Appointment, qualifications, terms, and duties of administrative law judges - Exemption from classified service - Removal provisions - Vacancies - Chief administrative law judge
Section 342.231 - Monthly reports
Section 342.232 - Quarterly reports on insurance guaranty funds, Kentucky coal workers' pneumoconiosis fund, and the status of KRS Chapter 342
Section 342.235 - Traveling expenses
Section 342.240 - Office - Equipment - Seal - Sessions - Venue of certain proceedings
Section 342.245 - Record of proceedings
Section 342.250 - [Repealed]
Section 342.255 - [Repealed]
Section 342.260 - Permitted and required departmental administrative regulations - Adoption of life expectancy tables - Processes and procedure - Subpoenas - Duties of sheriff and Circuit Court
Section 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
Section 342.265 - Compensation agreement - Approval by administrative law judge - Lump-sum payments - Reopening as remedy for disagreement - Abatement of application for resolution
Section 342.267 - Unfair claims settlement practices - Penalties
Section 342.270 - Application for resolution of claim - Joinder - Assignment to administrative law judge - Administrative regulations for procedures for resolution of claims
Section 342.275 - Benefit review by administrative law judge - Determination - Procedures - Deadline
Section 342.276 - Mediation program
Section 342.277 - Alternative dispute resolution
Section 342.280 - [Repealed]
Section 342.281 - Petition for reconsideration - Contents - Response - Decision
Section 342.285 - Appeal to Workers' Compensation Board - Remanding claim to administrative law judge
Section 342.290 - Review by Court of Appeals
Section 342.295 - Safekeeping, transporting and return of original record of board
Section 342.300 - Continuation of award pending appeal - Suspension
Section 342.305 - Enforcement by Circuit Court of agreement, order, decision, or award
Section 342.310 - Assessment of cost of unreasonable proceedings - Restitution
Section 342.315 - Medical evaluations by university medical schools and "B" readers - Procedures - Report - Payment of costs - Performance assessment of medical schools - Use of telehealth
Section 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
Section 342.317 - [Repealed]
Section 342.318 - Application of provisions of KRS 342.316(4) to certain asbestos-related disease claims
Section 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
Section 342.325 - Questions not settled by agreement of parties determined by administrative law judge
Section 342.329 - Division of Ombudsman and Workers' Compensation Specialist Services - Functions - Ombudsman program - Toll-free telephone access
Section 342.330 - [Repealed]
Section 342.335 - Fraud and misrepresentation in filing or delaying the filing of claims and in receiving or providing services or benefits - Penalties
Section 342.340 - Employer to insure or provide security against liability to workers
Section 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
Section 342.345 - Certificate of individual self-insurance - Revocation - New certificate - Effect of revocation
Section 342.347 - Examination of finances of individual self-insureds - Annual statement of financial condition - Role of Department of Insurance
Section 342.350 - Mutual insurance associations and reciprocal or interinsurance exchanges for compensation claims - Reinsurance - Self-insured groups - Power to contract, sue, and be sued
Section 342.352 - Voluntary programs for integrated management of employer's worker compensation and group health insurance claims - Twenty-four hour coverage
Section 342.355 - [Repealed]
Section 342.360 - Agreements in policy as to notice - Jurisdiction and liability of insurer
Section 342.365 - Policy to waive improper notice and be direct promise to employee
Section 342.370 - [Repealed]
Section 342.375 - Policy to cover entire liability of employer - Separate policy for specified plant or location may be authorized
Section 342.380 - Commissioner of Department of Insurance to approve policy - Review - Appeal
Section 342.382 - Report of workers' compensation experience
Section 342.385 - [Repealed]
Section 342.390 - Employer's election to operate under chapter
Section 342.395 - Employee deemed to have accepted provisions of chapter - Employee's written notice of rejection - Withdrawal of election
Section 342.400 - Notice of employee's rejection to be preserved
Section 342.402 - Restraining or enjoining of operations of employer
Section 342.405 - [Repealed]
Section 342.410 - [Repealed]
Section 342.415 - [Repealed]
Section 342.420 - Employee not to pay premium for compensation
Section 342.425 - Attorneys required to represent department, its employees, the board, or administrative law judges
Section 342.430 - Blank forms to be furnished by commissioner
Section 342.435 - Commissioner's annual report
Section 342.440 - [Repealed]
Section 342.445 - [Repealed]
Section 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
Section 342.450 - [Repealed]
Section 342.455 - [Repealed]
Section 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
Section 342.465 - Persons not to act for unauthorized insurance company nor to make false statement or return
Section 342.470 - How notice may be given to insurance carrier
Section 342.475 - [Repealed]
Section 342.480 - [Repealed]
Section 342.485 - [Repealed]
Section 342.490 - [Repealed]
Section 342.495 - [Repealed]
Section 342.500 - [Repealed]
Section 342.505 - [Repealed]
Section 342.510 - [Repealed]
Section 342.515 - [Repealed]
Section 342.520 - [Repealed]
Section 342.525 - [Repealed]
Section 342.530 - [Repealed]
Section 342.535 - [Repealed]
Section 342.540 - [Repealed]
Section 342.545 - [Repealed]
Section 342.550 - [Repealed]
Section 342.555 - [Repealed]
Section 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
Section 342.615 - [Repealed]
Section 342.620 - Renumbered
Section 342.630 - Coverage of employers
Section 342.640 - Coverage of employees
Section 342.650 - Exemptions of particular classes of employees from coverage
Section 342.660 - Voluntary coverage
Section 342.670 - Extraterritorial coverage
Section 342.680 - Presumptions in the case of death or of physical or mental inability to testify
Section 342.690 - Exclusiveness of liability
Section 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
Section 342.710 - Rehabilitation rights, duties, and procedures - Acceleration of benefits
Section 342.715 - Calculation of benefits during participation in vocational or physical rehabilitation program
Section 342.720 - [Repealed]
Section 342.730 - Determination of income benefits for disability - Survivors' rights - Termination - Offsets - Notification of return to work - Professional athletes
Section 342.7305 - Compensability of occupational hearing loss - Authority for administrative regulations - Rebuttable presumption as to employer liability
Section 342.732 - Income benefits and retraining incentive benefits for coal workers' pneumoconiosis - Referral to Office of Vocational Rehabilitation - Administrative regulations - Online portal
Section 342.734 - Mandated administrative regulations on medical services
Section 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
Section 342.740 - Determination of average weekly wage - Adjustment in weekly maximum and minimum income benefits for disability
Section 342.750 - Income benefits for death - Additional lump-sum payment for deaths occurring within four years of injury
Section 342.760 - Uninsured employers' fund
Section 342.765 - Administration of fund - Transfer of reimbursement funds - Reports
Section 342.770 - Determination of employer's compliance - Recording certificate constituting a lien in favor of uninsured employer's fund
Section 342.780 - Joinder of uninsured employers' fund
Section 342.790 - Award against noncomplying employer as a liquidated claim for damages - Action by Attorney General for uninsured employers' fund
Section 342.792 - Consideration, reopening, and filing of claims of miners who were last exposed to hazards on certain dates - Benefits
Section 342.794 - "B" reader list
Section 342.796 - Notice of education and training opportunities
Section 342.800 - [Repealed]
EMPLOYERS' MUTUAL INSURANCE AUTHORITY (§§ 342.801 — 342.843)
SELF-INSURANCE GUARANTY FUNDS (§§ 342.900 — 342.920)
PENALTIES (§ 342.990)