Kentucky — Chapter 342 — WORKERS' COMPENSATION

• § 342.0011 — Definitions for chapter
• § 342.0015 — Application of 1996 (1st Extra. Sess.) Ky. Acts ch. 1
• § 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
• § 342.019 — Coverage of chiropractic services
• § 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
• § 342.033 — Definition of "physician" for section -- Medical evidence -- Limitation -- Form
• § 342.038 — Employer to keep record of injuries -- Reports required to be filed
• § 342.039 — Filing of detailed claim information by each insurance company, self-insured group, and employer carrying its own risk
• § 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
• § 342.065 — Certain minors considered sui juris
• § 342.075 — Determination of dependency
• § 342.085 — Definition of certain dependents
• § 342.090 — Payment of death benefits in good faith -- Release of payor from liability
• § 342.118 — Department of Workers' Claims -- Commissioner -- Organizational units - - Chief administrative law judge
• § 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
• § 342.122 — Special fund assessments -- Annual adjustments -- Quarterly payments -- Electronic remittance -- Reports -- Central claim registry
• § 342.1221 — Penalty and interest on late payment of assessments and expenses -- Waiver
• § 342.1222 — Refunds or credits on canceled or returned premiums
• § 342.1223 — Kentucky Workers' Compensation Funding Commission -- Commission's relationship with Office of Financial Management within the Finance and Administration Cabinet
• § 342.1224 — Board of directors of funding commission
• § 342.1225 — Annual audit of commission's financial statements
• § 342.1226 — Special fund and funding commission to share books, records, documents and information
• § 342.1227 — Loan or transfer of funds of funding commission prohibited
• § 342.1228 — Funding commission exempt from reorganization powers of Governor
• § 342.1229 — Benefit reserve fund
• § 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
• § 342.1232 — Use of administrative savings from 1996 (1st Extra. Sess.) Ky. Acts ch. 1
• § 342.1240 — Legislative findings and declaration of intent regarding the Kentucky coal workers' pneumoconiosis fund
• § 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
• § 342.1243 — Transfer of the administration, assets, and liabilities of the Kentucky coal workers' pneumoconiosis fund -- Assessments on employers -- Abolition of fund
• § 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
• § 342.130 — Compensation of alien dependents
• § 342.135 — Notice, how served -- Notice to nonresident alien
• § 342.140 — Computation of employee's average weekly wage
• § 342.143 — Method for determining the average weekly wage of the state
• § 342.155 — Payment of lump-sum compensation to trustee
• § 342.160 — Payments to certain dependents for others -- Effect of legal disability of dependent
• § 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
• § 342.175 — Lien for compensation
• § 342.180 — Compensation claim not assignable -- Exempt from debts -- Exception
• § 342.185 — Notice of accident -- Claim for compensation -- Limitation -- Cumulative trauma injury
• § 342.190 — Notice and claim to be in writing -- Contents
• § 342.195 — Notice and claim -- How served
• § 342.197 — Discrimination against employees who have filed claims or who have a diagnosis of coal-related pneumoconiosis -- Civil remedies
• § 342.200 — Certain defects or failure to give notice not to bar compensation
• § 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
• § 342.210 — Limitation of time not to run against minors or incompetents
• § 342.213 — Workers' Compensation Nominating Committee -- Membership -- Duties with respect to appointments
• § 342.215 — Workers' Compensation Board -- Authority -- Appointment -- Qualifications -- Term -- Vacancies -- Retirement system coverage
• § 342.220 — Oath of Board Members
• § 342.228 — Responsibilities of the Department of Workers' Claims -- Selection and qualifications of commissioner
• § 342.229 — Claimant records -- Limitation on inspection
• § 342.230 — Employees of the Department of Workers' Claims -- Duties of commissioner -- Appointment, qualifications, terms, and duties of administrative law judges -- Exemption of administrative law judges from classified service -- Removal provisions -- Vacancies -- Chief administrative law judge
• § 342.231 — Monthly reports
• § 342.232 — Quarterly reports on insurance guaranty funds, Kentucky coal workers' pneumoconiosis fund, and the status of KRS Chapter 342
• § 342.235 — Traveling expenses
• § 342.240 — Office -- Equipment -- Seal -- Sessions -- Venue of certain proceedings
• § 342.245 — Record of proceedings
• § 342.260 — Permitted and required departmental administrative regulations -- Adoption of life expectancy tables -- Processes and procedure -- Subpoenas -- Duties of sheriff and Circuit Court
• § 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
• § 342.265 — Compensation agreement -- Approval by administrative law judge -- Lump-sum payments -- Reopening as remedy for disagreement -- Abatement of application for resolution
• § 342.267 — Unfair claims settlement practices -- Penalties
• § 342.270 — Application for resolution of claim -- Joinder -- Assignment to administrative law judge -- Administrative regulations for procedures for resolution of claims
• § 342.275 — Benefit review by administrative law judge -- Determination -- Procedures -- Deadline
• § 342.276 — Mediation program
• § 342.277 — Alternative dispute resolution
• § 342.281 — Petition for reconsideration -- Contents -- Response -- Decision
• § 342.285 — Appeal to Workers' Compensation Board -- Remanding claim to administrative law judge
• § 342.290 — Review by Court of Appeals
• § 342.295 — Safekeeping, transporting and return of original record of board
• § 342.300 — Continuation of award pending appeal -- Suspension
• § 342.305 — Enforcement by Circuit Court of agreement, order, decision, or award
• § 342.310 — Assessment of cost of unreasonable proceedings -- Restitution
• § 342.315 — Medical evaluations by university medical schools and "B" readers -- Procedures -- Report -- Payment of costs -- Performance assessment of medical schools -- Use of telehealth
• § 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
• § 342.318 — Application of provisions of KRS 342.316(4) to certain asbestos-related disease claims
• § 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
• § 342.325 — Questions not settled by agreement of parties determined by administrative law judge
• § 342.329 — Division of Ombudsman and Workers' Compensation Specialist Services -- Functions -- Ombudsman program -- Toll-free telephone access
• § 342.335 — Fraud and misrepresentation in filing or delaying the filing of claims and in receiving or providing services or benefits -- Penalties
• § 342.340 — Employer to insure or provide security against liability to workers
• § 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
• § 342.345 — Certificate of individual self-insurance -- Revocation -- New certificate -- Effect of revocation
• § 342.347 — Examination of finances of individual self-insureds -- Annual statement of financial condition -- Role of Department of Insurance
• § 342.350 — Mutual insurance associations and reciprocal or interinsurance exchanges for compensation claims -- Reinsurance -- Self-insured groups -- Power to contract, sue, and be sued
• § 342.352 — Voluntary programs for integrated management of employer's worker compensation and group health insurance claims -- Twenty-four hour coverage
• § 342.360 — Agreements in policy as to notice -- Jurisdiction and liability of insurer
• § 342.365 — Policy to waive improper notice and be direct promise to employee
• § 342.375 — Policy to cover entire liability of employer -- Separate policy for specified plant or location may be authorized
• § 342.380 — Commissioner of Department of Insurance to approve policy -- Review -- Appeal
• § 342.382 — Report of workers' compensation experience
• § 342.390 — Employer's election to operate under chapter
• § 342.395 — Employee deemed to have accepted provisions of chapter -- Employee's written notice of rejection -- Withdrawal of election
• § 342.400 — Notice of employee's rejection to be preserved
• § 342.402 — Restraining or enjoining of operations of employer
• § 342.420 — Employee not to pay premium for compensation
• § 342.425 — Attorneys required to represent department, its employees, the board, or administrative law judges
• § 342.430 — Blank forms to be furnished by commissioner
• § 342.435 — Commissioner's annual report
• § 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
• § 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
• § 342.465 — Persons not to act for unauthorized insurance company nor to make false statement or return
• § 342.470 — How notice may be given to insurance carrier
• § 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
• § 342.630 — Coverage of employers
• § 342.640 — Coverage of employees
• § 342.650 — Exemptions of particular classes of employees from coverage
• § 342.660 — Voluntary coverage
• § 342.670 — Extraterritorial coverage
• § 342.680 — Presumptions in the case of death or of physical or mental inability to testify
• § 342.690 — Exclusiveness of liability
• § 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
• § 342.710 — Rehabilitation rights, duties, and procedures -- Acceleration of benefits
• § 342.715 — Calculation of benefits during participation in vocational or physical rehabilitation program
• § 342.730 — Determination of income benefits for disability -- Survivors' rights -- Termination -- Offsets -- Notification of return to work -- Professional athletes
• § 342.7305 — Compensability of occupational hearing loss -- Authority for administrative regulations -- Rebuttable presumption as to employer liability
• § 342.732 — Income benefits and retraining incentive benefits for coal workers' pneumoconiosis -- Referral to Office of Vocational Rehabilitation -- Administrative regulations -- Online portal
• § 342.734 — Mandated administrative regulations on medical services
• § 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
• § 342.740 — Determination of average weekly wage -- Adjustment in weekly maximum and minimum income benefits for disability
• § 342.750 — Income benefits for death -- Additional lump-sum payment for deaths occurring within four years of injury
• § 342.760 — Uninsured employers' fund
• § 342.765 — Administration of fund -- Transfer of reimbursement funds -- Reports
• § 342.770 — Determination of employer's compliance -- Recording certificate constituting a lien in favor of uninsured employer's fund
• § 342.780 — Joinder of uninsured employers' fund
• § 342.790 — Award against noncomplying employer as a liquidated claim for damages - - Action by Attorney General for uninsured employers' fund
• § 342.792 — Consideration, reopening, and filing of claims of miners who were last exposed to hazards on certain dates -- Benefits
• § 342.794 — "B" reader list
• § 342.796 — Notice of education and training opportunities
• § 342.801 — Legislative findings and intent
• § 342.803 — Kentucky Employers' Mutual Insurance Authority
• § 342.805 — Definitions for KRS 342.801 to 342.843
• § 342.807 — Board of directors
• § 342.809 — Election of officers -- Quorum -- Compensation -- Ex officio members of board
• § 342.811 — Powers and duties of board
• § 342.813 — Manager -- Qualifications -- Powers and duties -- Bond
• § 342.815 — Insurance coverage provisions
• § 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
• § 342.819 — Dividends
• § 342.821 — Quarterly reports of assets and liabilities
• § 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
• § 342.825 — Investments
• § 342.827 — Statistical and actuarial data to be maintained
• § 342.829 — Funding of authority -- Restrictions on use of funds
• § 342.831 — Marketing and sales agents -- Commissions
• § 342.833 — Workplace safety program for policyholders -- On-site examinations
• § 342.835 — Board member, manager, or employee exempt from personal liability for official acts
• § 342.837 — Compliance with Executive Branch Code of Ethics -- Conflicts of interest
• § 342.839 — Applicability of specified provisions of law
• § 342.841 — Applicability of open meetings and open records provisions
• § 342.843 — Monitoring of operations of authority by Attorney General and Auditor of Public Accounts -- Report to General Assembly
• § 342.900 — Legislative findings and declarations
• § 342.902 — Definitions for KRS 342.900 to 342.912
• § 342.904 — Exemption of public-sector self-insured employers and self-insurance groups
• § 342.906 — Guaranty funds -- Required participation -- Purpose -- Operating procedures -- Use of moneys -- Liability for actions
• § 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 -- Rules for special fund assessments for calendar years 2027 and 2028
• § 342.910 — Rights and responsibilities of funds as to payments made, due, or recoverable
• § 342.912 — Annual audit -- Annual report -- Deadline for establishment -- Events causing fund's liability for payment of benefits
• § 342.920 — Self-insurance fund for payments to workers' compensation claimants injured before March 1, 1997
• § 342.990 — Penalties -- Restitution