2017 Kentucky Revised Statutes
CHAPTER 342 - WORKERS' COMPENSATION
.792 Consideration, reopening, and filing of claims of miners who were last exposed to hazards on certain dates -- Benefits -- Administrative regulations.
Universal Citation:
KY Rev Stat § 342.792 (2017)
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342.792 Consideration, reopening, and filing of claims of miners who were
last exposed to hazards on certain dates -- Benefits -- Administrative
regulations.
(1)
(2)
(3)
(4)
The claim of any miner last exposed to the occupational hazards of coal
workers' pneumoconiosis between December 12, 1996, and July 15, 2002,
shall nonetheless be governed by the provisions of KRS 342.732 and
notwithstanding the provisions of KRS 342.125 all claims for benefits which
were filed for last injurious occupational exposure to coal dust occurring
between December 12, 1996, and July 15, 2002, shall be considered pursuant
to the provisions of KRS 342.732 and administrative regulations promulgated
by the commissioner, and closed claims, except claims dismissed for reasons
other than failure to meet medical eligibility standards, may be reopened by the
claimant. Income or retraining incentive benefits shall be awarded thereon as if
the entitlement standards established by the amendments to KRS 342.732
were effective at the time of last exposure. Any benefits previously granted by
an award or settlement shall be credited against any subsequent award or
settlement and no interest shall be payable on additional benefits. A previous
grant of retraining incentive benefits shall be credited only to the extent that the
benefits were actually paid. All income or retraining incentive benefits greater
than those which would have been awarded were not these new provisions
applicable shall be paid without interest from the Kentucky coal workers'
pneumoconiosis fund, the provisions of KRS 342.1242 notwithstanding, for
claims filed on or before June 30, 2017, and by the employer for claims filed
after June 30, 2017.
The original claim of any miner last exposed to the occupational hazards of
coal workers' pneumoconiosis prior to December 12, 1996, which was subject
to a university evaluation pursuant to KRS 342.315 and was dismissed upon a
finding that the miner did not prove the presence of coal workers'
pneumoconiosis radiographically may be reopened by the claimant
notwithstanding the provisions of KRS 342.125, pursuant to administrative
regulations adopted by the commissioner. Income benefits may be awarded
thereon pursuant to entitlement standards effective as of the date of last
exposure, except the income or retraining benefits shall be paid without interest
from the Kentucky coal workers' pneumoconiosis fund, the provisions of KRS
342.1242 notwithstanding, for claims filed on or before June 30, 2017, and by
the employer for claims filed after June 30, 2017.
Notwithstanding the provisions of KRS 342.316(4)(a), the coal workers'
pneumoconiosis claim of any miner last exposed between December 12, 1996,
and July 15, 2002, may be filed with the commissioner on or before December
12, 2003, or within the time frame prescribed by KRS 342.316(4)(a), whichever
is longer. All income or retraining incentive benefits greater than those which
would have been awarded were not these new provisions applicable shall be
paid by the Kentucky coal workers' pneumoconiosis fund without interest, the
provisions of KRS 342.1242 notwithstanding, for claims filed on or before June
30, 2017, and by the employer for claims filed after June 30, 2017.
Administrative regulations promulgated by the commissioner pursuant to
subsections (1) and (2) of this section shall provide that chest X-rays previously
taken at university medical schools pursuant to KRS 342.315 shall be obtained
by the commissioner and forwarded to three (3) randomly selected "B" readers
for determination of consensus pursuant to KRS 342.316(3)(b)4.e. The claim
shall be assigned to an administrative law judge for determination of whether
the claim should be reopened and the award of additional benefits, if any.
Effective:April 10, 2017
History: Amended 2017 Ky. Acts ch. 173, sec. 8, effective April 10, 2017. -Amended 2010 Ky. Acts ch. 24, sec. 1851, effective July 15, 2010. -- Created
2002 Ky. Acts ch. 340, sec. 4, effective July 15, 2002.
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