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342.670 Extraterritorial coverage.
(1)
(2)
(3)
If an employee, while working outside the territorial limits of this state, suffers
an injury on account of which the employee, or in the event of the employee's
death, his or her dependents, would have been entitled to the benefits provided
by this chapter had that injury occurred within this state, that employee, or in
the event of the employee's death resulting from that injury, his or her
dependents, shall be entitled to the benefits provided by this chapter, if at the
time of the injury:
(a) His or her employment is principally localized in this state; or
(b) He or she is working under a contract of hire made in this state in
employment not principally localized in any state; or
(c) He or she is working under a contract of hire made in this state in
employment principally localized in another state whose workers'
compensation law is not applicable to his or her employer; or
(d) He or she is working under a contract of hire made in this state for
employment outside the United States and Canada.
The payment or award of benefits under the workers' compensation law of
another state, territory, province, or foreign nation to an employee or his or her
dependents otherwise entitled on account of such injury or death to the
benefits of this chapter shall not be a bar to a claim for benefits under this
chapter, if a claim under this chapter is filed within two (2) years after that injury
or death. If compensation is paid or awarded under this chapter:
(a) The medical and related benefits furnished or paid for by the employer
under another jurisdiction's workers' compensation law on account of
such injury or death shall be credited against the medical and related
benefits to which the employee would have been entitled under this
chapter had claim been made solely under this chapter;
(b) The total amount of all income benefits paid or awarded the employee
under another jurisdiction's workers' compensation law shall be credited
against the total amount of income benefits which would have been due
the employee under this chapter, had claim been made solely under this
chapter; and
(c) The total amount of death benefits paid or awarded under another
jurisdiction's workers' compensation law shall be credited against the total
amount of death benefits due under this chapter.
If any employee is entitled to the benefits of this chapter by reason of an injury
sustained in this state in employment by an employer who is domiciled in
another state and who has not secured the payment of compensation as
required by this chapter, the employer or his carrier may file with the
commissioner a certificate, issued by the commission or agency of the other
state having jurisdiction over workers' compensation claims, certifying that the
employer has secured the payment of compensation under the workers'
compensation law of the other state and that with respect to the injury the
employee is entitled to the benefits provided under that law, and that the
benefits to which the employee or his or her dependents is entitled are at least
as great as those to which he or she would be entitled if the injury occurred and
(4)
was processed under Kentucky law, under Kentucky coverage. In this event:
(a) The filing of the certificate shall constitute an appointment by the
employer or his carrier of the commissioner as his or her agent for
acceptance of the service of process in any proceeding brought by the
employee or his or her dependents to enforce his, her, or their rights
under this chapter on account of the injury;
(b) The commissioner shall send to the employer or carrier, by certified mail
to the address shown on the certificate, a true copy of any notice of claim
or other process served on the commissioner by the employee or his or
her dependents in any proceeding brought to enforce his, her, or their
rights under this chapter;
(c) 1.
If the employer is a qualified self-insurer under the workers'
compensation law of the other state, the employer shall, upon
submission of evidence satisfactory to the commissioner, of its
ability to meet its liability to the employee under this chapter, be
deemed to be a qualified self-insurer under this chapter;
2.
If the employer's liability under the workers' compensation law of the
other state is insured, the employer's carrier, as to the employee or
his or her dependents only, shall be deemed to be an insurer
authorized to write insurance under and be subject to this chapter;
however, unless its contract with the employer requires it to pay an
amount equivalent to the compensation benefits provided by this
chapter, its liability for income benefits or medical and related
benefits shall not exceed the amounts of the benefits for which the
insurer would have been liable under the workers' compensation law
of the other state;
(d) If the total amount for which the employer's insurance is liable under (c)
above is less than the total of the compensation benefits to which the
employee is entitled under this chapter, the commissioner may, if he or
she deems it necessary, require the employer to file security, satisfactory
to the commissioner, to secure the payment of benefits due the employee
or his or her dependents under this chapter; and
(e) Upon compliance with the preceding requirements of this subsection (3),
the employer, as to the employee only, shall be deemed to have secured
the payment of compensation under this chapter.
Any professional athlete, coach, or trainer who has been hired outside this
Commonwealth by an employer domiciled in a foreign state, including
professional baseball, basketball, football, and ice-hockey clubs, is exempted
from the provisions of this chapter while that employee is temporarily within this
Commonwealth doing work for the employer, if the foreign employer has
secured workers' compensation insurance coverage under the workers'
compensation law of the foreign state, so as to cover the employee's
employment while in this Commonwealth. The benefits under the workers'
compensation law of the foreign state shall be the exclusive remedy against
that employer and any affiliated club for any injury, whether resulting in death
or not, received by any employee while working for that employer in this
Commonwealth.
(5)
As used in this section:
(a) "United States" includes only the states of the United States and the
District of Columbia;
(b) "State" includes any state of the United States, the District of Columbia,
or any province of Canada;
(c) "Carrier" includes any insurance company licensed to write workers'
compensation insurance in any state of the United States or any state or
provincial fund which insures employers against their liabilities under a
workers' compensation law;
(d) A person's employment is principally localized in this or another state
when:
1.
His or her employer has a place of business in this or the other state
and he or she regularly works at or from that place of business, or
2.
If subparagraph 1. foregoing is not applicable, he or she is domiciled
and spends a substantial part of his or her working time in the
service of his or her employer in this or the other state;
(e) An employee whose duties require him or her to travel regularly in the
service of his or her employer in this and one (1) or more other states
may, by written agreement with his or her employer, provide that his or
her employment is principally localized in this or another state, and,
unless the other state refuses jurisdiction, the agreement shall be given
effect under this chapter;
(f) "Workers' compensation law" includes "occupational disease law."
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1839, effective July 15, 2010. -Amended 1996 Ky. Acts ch. 355, sec. 1, effective July 15, 1996. -- Amended
1994 Ky. Acts ch. 181, Part 15, sec. 94, effective April 4, 1994. -- Amended
1980 Ky. Acts ch. 114, sec. 95, effective July 15, 1980. -- Amended 1974 Ky.
Acts ch. 191, sec. 2. -- Created 1972 Ky. Acts ch. 78, sec. 7.
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