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342.710 Rehabilitation rights, duties, and procedures -- Acceleration of benefits.
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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 law judge, after affording the
parties an opportunity to be heard, may order reimbursement of the cost of such
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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-fordollar 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.
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