Download as PDF
342.710 Rehabilitation rights, duties, and procedures -- Acceleration of
benefits.
(1)
(2)
(3)
(4)
(5)
(6)
One of the primary purposes of this chapter shall be restoration of the injured
employee to gainful employment, and preference shall be given to returning the
employee to employment with the same employer or to the same or similar
employment.
The commissioner shall continuously study the problems of rehabilitation, both
physical and vocational, and shall investigate and maintain a directory of all
rehabilitation facilities, both private and public.
An employee who has suffered an injury covered by this chapter shall be
entitled to prompt medical rehabilitation services for whatever period of time is
necessary to accomplish physical rehabilitation goals which are feasible,
practical, and justifiable. When as a result of the injury he or she is unable to
perform work for which he or she has previous training or experience, he or she
shall be entitled to such vocational rehabilitation services, including retraining
and job placement, as may be reasonably necessary to restore him or her to
suitable employment. In all such instances, the administrative law judge shall
inquire whether such services have been voluntarily offered and accepted. The
administrative law judge on his or her own motion, or upon application of any
party or carrier, after affording the parties an opportunity to be heard, may refer
the employee to a qualified physician or facility for evaluation of the
practicability of, need for, and kind of service, treatment, or training necessary
and appropriate to render him or her fit for a remunerative occupation. Upon
receipt of such report, the administrative law judge may order that the services
and treatment recommended in the report, or such other rehabilitation
treatment or service likely to return the employee to suitable, gainful
employment, be provided at the expense of the employer or its insurance
carrier. Vocational rehabilitation training, treatment, or service shall not extend
for a period of more than fifty-two (52) weeks, except in unusual cases when by
special order of the administrative law judge, after hearing and upon a finding,
determined by sound medical evidence which indicates such further
rehabilitation is feasible, practical, and justifiable, the period may be extended
for additional periods.
Where rehabilitation requires residence at or near the facility or institution,
away from the employee's customary residence, reasonable cost of his or her
board, lodging, or travel shall be paid for by the employer or its insurance
carrier.
Refusal to accept rehabilitation pursuant to an order of an administrative law
judge shall result in a fifty percent (50%) loss of compensation for each week of
the period of refusal.
The commissioner shall cooperate on a reciprocal basis with the Office of
Vocational Rehabilitation and the Office of Employment and Training of the
Education and Workforce Development Cabinet. In the event medical
treatment, medical rehabilitation services, or vocational rehabilitation services
are purchased for an injured employee by the Office of Vocational
Rehabilitation or Office of Employment and Training following the refusal by the
employer or its insurance carrier to provide such services, the administrative
(7)
law judge, after affording the parties an opportunity to be heard, may order
reimbursement of the cost of such treatment or services by the employer or its
insurance carrier as apportioned in the award. This section shall not be
interpreted to require mandatory evaluation of employees based on length of
disability. Any administrative regulations promulgated pursuant to this section
that require mandatory referral to a qualified rehabilitation counselor shall
expire on April 4, 1994.
An employee who is enrolled and participating in a program of rehabilitation
training pursuant to this section may elect to receive an acceleration of benefits
as awarded under KRS 342.730. Such acceleration shall be available to the
employee during the period of retraining, but in no event shall be paid in a
weekly amount greater than sixty-six and two-thirds percent (66-2/3%) of the
average weekly wage upon which the award is based, not to exceed one
hundred percent (100%) of the state average weekly wage. Upon successful
completion of the rehabilitation program, the total of all accelerated benefits
paid shall be deducted on a dollar-for-dollar basis, without discount, from
weekly benefits otherwise due the employee subject to the maximum amount
of the award. Such remaining benefits, if any, shall then be divided by the
number of weeks remaining payable under the award, and that amount shall be
the weekly benefit due the employee. If a program of rehabilitation training is
terminated by the employee prior to completion, all sums paid on an
accelerated basis shall be discounted at the rate set forth in KRS 342.265 and
then deducted on a dollar-for-dollar basis from weekly benefits otherwise due
the employee subject to the maximum amount of the award. Such remaining
benefits, after the discount, shall be divided by the number of weeks remaining
payable under the award, and that amount shall be the weekly benefit due the
employee. In no event shall this subsection be construed as requiring payment
of benefits in excess of the total of those benefits which would otherwise be
payable under the award.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1840, effective July 15, 2010. -Amended 2009 Ky. Acts ch. 11, sec. 82, effective June 25, 2009. -- Amended
2006 Ky. Acts ch. 211, sec. 159, effective July 12, 2006. -- Amended 2000 Ky.
Acts ch. 514, sec. 28, effective July 14, 2000. -- Amended 1996 (1st Extra.
Sess.) Ky. Acts ch. 1, sec. 66, effective December 12, 1996. -- Amended 1996
Ky. Acts ch. 271, sec. 26, effective July 15, 1996. -- Amended 1994 Ky. Acts
ch. 181, Part 5, sec. 22, effective April 4, 1994. -- Amended 1990 Ky. Acts
ch. 18, sec. 1, effective July 13, 1990; and Ky. Acts ch. 355, sec. 1, effective
July 13, 1990. -- Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 54,
effective October 16, 1987. -- Amended 1984 Ky. Acts ch. 250, sec. 1, effective
July 13, 1984. -- Amended 1982 Ky. Acts ch. 426, sec. 3, effective July 15,
1982. -- Amended 1980 Ky. Acts ch. 104, sec. 14, effective July 15, 1980. -Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(14). -- Created 1972 Ky. Acts
ch. 78, sec. 11.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.