2017 Kentucky Revised Statutes CHAPTER 342 - WORKERS' COMPENSATION .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.
Download as PDF
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.
(1)
(2)
(3)
There is created the Division of Workers' Compensation Funds in the
Department of Workers' Claims which shall be responsible for the
administration of the special fund and the coal workers' pneumoconiosis fund
and the maintenance of records regarding the payment of claims by these
funds. The Division of Workers' Compensation Funds shall have no
responsibility for the coal workers' pneumoconiosis fund once the assets and
liabilities have been transferred to the Kentucky Employers' Mutual Insurance
Authority, which will administer the fund pursuant to KRS 342.1243. The
Division of Workers' Compensation Funds shall be headed by a director
appointed by the secretary of the Labor Cabinet, with the prior written approval
of the Governor pursuant to KRS 12.050. The director shall be responsible for
overseeing the administration of the funds and the maintenance of records
regarding the payment of claims by the funds.
The special fund shall have no liability upon any claim in which the injury
occurred, or for cumulative trauma, the disability became manifest, or, for
occupational disease, if the date of injury or last exposure occurred, after
December 12, 1996.
Where the employer has settled its liability for income benefits and thereafter a
determination has been made of the special fund's liability, the special fund
portion of the benefit rate shall be paid over the maximum period provided for
by statute for that disability, with the period of payment beginning on the date
settlement was approved by an administrative law judge. This provision is
remedial and shall apply to all pending and future claims.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 82, sec. 5, effective June 29, 2017; and ch.
173, sec. 10, effective April 10, 2017. -- Amended 2010 Ky. Acts ch. 24, sec.
1786, effective July 15, 2010. -- Amended 2002 Ky. Acts ch. 246, sec. 1,
effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 514, sec. 6, effective July
14, 2000. -- Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 3, effective
December 12, 1996. -- Amended 1994 Ky. Acts ch. 181, Part 9, sec. 31,
effective April 4, 1994. -- Amended 1990 Ky. Acts ch. 67, sec. 1, effective July
13, 1990; and ch. 390, sec. 1, effective July 13, 1990. -- Amended 1987 (1st
Extra. Sess.) Ky. Acts ch. 1, sec. 9, effective January 4, 1988. -- Amended 1984
Ky. Acts ch. 414, sec. 34, effective July 13, 1984. -- Amended 1982 Ky. Acts ch.
278, sec. 17, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 104, sec. 3,
effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 256, sec. 1, effective
June 17, 1978. -- Amended 1972 Ky. Acts ch. 78, sec. 17. -- Amended 1964 Ky.
Acts ch. 192, sec. 11. -- Amended 1962 Ky. Acts ch. 276, sec. 1. -- Amended
1960 Ky. Acts ch. 147, sec. 9. -- Amended 1948 Ky. Acts ch. 64, sec. 12. -Amended 1946 Ky. Acts ch. 23, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec.
1, effective October 1, 1942, from Ky. Stat. sec. 4901.
Legislative Research Commission Note (6/29/2017). This statute was amended
by 2017 Ky. Acts chs. 82 and 173, which do not appear to be in conflict and
have been codified together.
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.
