2011 Kentucky Revised Statutes
CHAPTER 342 WORKERS' COMPENSATION
342.740 Determination of average weekly wage -- Adjustment in weekly maximum and minimum income benefits for disability.
342.740 Determination of average weekly wage -- Adjustment in weekly maximum
and minimum income benefits for disability.
For the purposes of this chapter, the average weekly wage of the state shall be
determined by the commissioner as follows: On or before September 1 of each year,
the total wages reported by subject employers under the Kentucky Unemployment
Insurance Law for the preceding calendar year shall be divided by the average
monthly number of insured workers (determined by dividing the total number of
insured workers reported for the preceding year by twelve (12). The average annual
wage thus obtained shall be divided by 52 and the average weekly wage thus
determined rounded to the nearest cent. This average weekly wage shall be certified
to the commissioner by the Education and Workforce Development Cabinet in a
manner prescribed by the commissioner by administrative regulation. The average
weekly wage as so determined shall be applicable for the full period during which
income or death benefits are payable, when the date of occurrence of injury or of
disablement in the case of disease, or of death, falls within the calendar year
commencing January 1 following the September 1 determination.
Whenever a change in the average weekly wage of the state is of an amount that
increases or decreases the minimum weekly income benefits for total disability or
death by or more, or the maximum weekly income benefits for total disability or
for death by or more, computed in each case and rounded to the nearest dollar, an
adjustment in those minimums or maximums which are affected in the requisite
amount by the change in the average weekly wage of the state shall be made which
will reflect the increase or decrease, but no change in these limitations shall
otherwise be made.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1845, effective July 15, 2010. -Amended 2009 Ky. Acts ch. 11, sec. 83, effective June 25, 2009. -- Amended 2006
Ky. Acts ch. 211, sec. 161, effective July 12, 2006. -- Amended 1996 Ky. Acts
ch. 271, sec. 25, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 181, Part 15,
sec. 96, effective April 4, 1994. -- Amended 1980 Ky. Acts ch. 104, sec. 16, effective
July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(14). -- Created
1972 Ky. Acts ch. 78, sec. 15.
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