There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 342 WORKERS' COMPENSATION
342.730 Determination of income benefits for disability -- Survivors' rights -- Termination -- Offsets -- Notification of return to work.
Download pdf(a) For temporary or permanent total disability, sixty-six and two-thirds percent (66-2/3%) of the employee's average weekly wage but not more than one
hundred percent (100%) of the state average weekly wage and not less than
twenty percent (20%) of the state average weekly wage as determined in KRS
342.740 during that disability. Nonwork-related impairment and conditions
compensable under KRS 342.732 and hearing loss covered in KRS 342.7305
shall not be considered in determining whether the employee is totally
disabled for purposes of this subsection. (b) For permanent partial disability, sixty-six and two-thirds percent (66-2/3%) of the employee's average weekly wage but not more than seventy-five percent
(75%) of the state average weekly wage as determined by KRS 342.740,
multiplied by the permanent impairment rating caused by the injury or
occupational disease as determined by the "Guides to the Evaluation of
Permanent Impairment," times the factor set forth in the table that follows: AMA Impairment Factor 0 to 5% 0.65 6 to 10% 0.85 11 to 15% 1.00 16 to 20% 1.00 21 to 25% 1.15 26 to 30% 1.35 31 to 35% 1.50 36% and above 1.70 Any temporary total disability period within the maximum period for
permanent, partial disability benefits shall extend the maximum period but
shall not make payable a weekly benefit exceeding that determined in
subsection (1)(a) of this section. Notwithstanding any section of this chapter
to the contrary, there shall be no minimum weekly income benefit for
permanent partial disability and medical benefits shall be paid for the duration
of the disability. (c) 1. If, due to an injury, an employee does not retain the physical capacity to
return to the type of work that the employee performed at the time of
injury, the benefit for permanent partial disability shall be multiplied by
three (3) times the amount otherwise determined under paragraph (b) of
this subsection, but this provision shall not be construed so as to extend
the duration of payments; or 2. If an employee returns to work at a weekly wage equal to or greater than
the average weekly wage at the time of injury, the weekly benefit for Page 2 of 4 permanent partial disability shall be determined under paragraph (b) of
this subsection for each week during which that employment is
sustained. During any period of cessation of that employment, temporary
or permanent, for any reason, with or without cause, payment of weekly
benefits for permanent partial disability during the period of cessation
shall be two (2) times the amount otherwise payable under paragraph (b)
of this subsection. This provision shall not be construed so as to extend
the duration of payments. 3. Recognizing that limited education and advancing age impact an
employee's post-injury earning capacity, an education and age factor,
when applicable, shall be added to the income benefit multiplier set
forth in paragraph (c)1. of this subsection. If at the time of injury, the
employee had less than eight (8) years of formal education, the
multiplier shall be increased by four-tenths (0.4); if the employee had
less than twelve (12) years of education or a high school General
Educational Development diploma, the multiplier shall be increased by
two-tenths (0.2); if the employee was age sixty (60) or older, the
multiplier shall be increased by six-tenths (0.6); if the employee was age
fifty-five (55) or older, the multiplier shall be increased by four-tenths
(0.4); or if the employee was age fifty (50) or older, the multiplier shall
be increased by two-tenths (0.2). 4. Notwithstanding the provisions of KRS 342.125, a claim may be
reopened at any time during the period of permanent partial disability in
order to conform the award payments with the requirements of
subparagraph 2. of this paragraph. (d) For permanent partial disability, if an employee has a permanent disability rating of fifty percent (50%) or less as a result of a work-related injury, the
compensable permanent partial disability period shall be four hundred twenty-
five (425) weeks, and if the permanent disability rating is greater than fifty
percent (50%), the compensable permanent partial disability period shall be
five hundred twenty (520) weeks from the date the impairment or disability
exceeding fifty percent (50%) arises. Benefits payable for permanent partial
disability shall not exceed ninety-nine percent (99%) of sixty-six and two-
thirds percent (66-2/3%) of the employee's average weekly wage as
determined under KRS 342.740 and shall not exceed seventy-five percent
(75%) of the state average weekly wage, except for benefits payable pursuant
to paragraph (c)1. of this subsection, which shall not exceed one hundred
percent (100%) of the state average weekly wage, nor shall benefits for
permanent partial disability be payable for a period exceeding five hundred
twenty (520) weeks, notwithstanding that multiplication of impairment times
the factor set forth in paragraph (b) of this subsection would yield a greater
percentage of disability. (e) For permanent partial disability, impairment for nonwork-related disabilities, conditions previously compensated under this chapter, conditions covered by Page 3 of 4 KRS 342.732, and hearing loss covered in KRS 342.7305 shall not be
considered in determining the extent of disability or duration of benefits under
this chapter. (2) The period of any income benefits payable under this section on account of any injury shall be reduced by the period of income benefits paid or payable under this
chapter on account of a prior injury if income benefits in both cases are for
disability of the same member or function, or different parts of the same member or
function, and the income benefits payable on account of the subsequent disability in
whole or in part would duplicate the income benefits payable on account of the pre-
existing disability. (3) Subject to the limitations contained in subsection (4) of this section, when an employee, who has sustained disability compensable under this chapter, and who
has filed, or could have timely filed, a valid claim in his or her lifetime, dies from
causes other than the injury before the expiration of the compensable period
specified, portions of the income benefits specified and unpaid at the individual's
death, whether or not accrued or due at his or her death, shall be paid, under an
award made before or after the death, for the period specified in this section, to and
for the benefit of the persons within the classes at the time of death and in the
proportions and upon the conditions specified in this section and in the order
named:
(a) To the widow or widower, if there is no child under the age of eighteen (18) or incapable of self-support, benefits at fifty percent (50%) of the rate specified
in the award; or (b) If there are both a widow or widower and such a child or children, to the widow or widower, forty-five percent (45%) of the benefits specified in the
award, or forty percent (40%) of those benefits if such a child or children are
not living with the widow or widower; and, in addition thereto, fifteen percent
(15%) of the benefits specified in the award to each child. Where there are
more than two (2) such children, the indemnity benefits payable on account of
two (2) children shall be divided among all the children, share and share alike;
or (c) If there is no widow or widower but such a child or children, then to the child or children, fifty percent (50%) of the benefits specified in the award to one
(1) child, and fifteen percent (15%) of those benefits to a second child, to be
shared equally. If there are more than two (2) such children, the indemnity
benefits payable on account of two (2) children shall be divided equally
among all the children; or (d) If there is no survivor in the above classes, then the parent or parents wholly or partly actually dependent for support upon the decedent, or to other wholly
or partly actually dependent relatives listed in paragraph (g) of subsection (1)
of KRS 342.750, or to both, in proportions that the commissioner provides by
administrative regulation. (e) To the widow or widower upon remarriage, up to two (2) years, benefits as specified in the award and proportioned under paragraphs (a) or (b) of this Page 4 of 4 subsection, if the proportioned benefits remain unpaid, to be paid in a lump
sum. (4) All income benefits payable pursuant to this chapter shall terminate as of the date upon which the employee qualifies for normal old-age Social Security retirement
benefits under the United States Social Security Act, 42 U.S.C. secs. 301 to 1397f,
or two (2) years after the employee's injury or last exposure, whichever last occurs.
In like manner all income benefits payable pursuant to this chapter to spouses and
dependents shall terminate when such spouses and dependents qualify for benefits
under the United States Social Security Act by reason of the fact that the worker
upon whose earnings entitlement is based would have qualified for normal old-age
Social Security retirement benefits. (5) All income benefits pursuant to this chapter otherwise payable for temporary total and permanent total disability shall be offset by unemployment insurance benefits
paid for unemployment during the period of temporary total or permanent total
disability. (6) All income benefits otherwise payable pursuant to this chapter shall be offset by payments made under an exclusively employer-funded disability or sickness and
accident plan which extends income benefits for the same disability covered by this
chapter, except where the employer-funded plan contains an internal offset
provision for workers' compensation benefits which is inconsistent with this
provision. (7) If an employee receiving a permanent total disability award returns to work, that employee shall notify the employer, payment obligor, insurance carrier, or special
fund as applicable. Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1841, effective July 15, 2010; and ch. 90, sec. 5, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 514, sec. 30, effective
July 14, 2000. -- Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 30, effective
December 12, 1996. -- Amended 1994 Ky. Acts ch. 181, Part 7, sec. 25, effective
April 4, 1994. -- Amended 1990 Ky. Acts ch. 17, sec. 1, effective July 13, 1990; and
ch. 99, sec. 3, effective July 13, 1990. -- Amended 1987 (1st Extra Sess.) Ky. Acts
ch. 1, sec. 55, effective October 26, 1987. -- Amended 1982 Ky. Acts ch. 278,
sec. 23, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 104, sec. 15, effective
July 15, 1980. -- Amended 1978 Ky. Acts ch. 256, sec. 4, effective June 17, 1978. --
Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 26, sec. 1, effective January 1, 1977. --
Amended 1976 Ky. Acts ch. 160, sec. 9. -- Amended 1974 Ky. Acts ch. 386, sec. 63.
-- Created 1972 Ky. Acts ch. 78, sec. 14. Legislative Research Commission Note (7/15/2010). This section was amended by 2010 Ky. Acts chs. 24 and 90, which do not appear to be in conflict and have been
codified together.
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