Kentucky Statutes 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’…
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(1) 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 Education and 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.
(2) 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.
(3) 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:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 152, effective July 1, 2022. — 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.
(2) 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.
Terms Used In Kentucky Statutes 342.120
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Compensation: means all payments made under the provisions of this chapter representing the sum of income benefits and medical and related benefits. See Kentucky Statutes 342.0011
- Department: means the Department of Workers' Claims in the Education and
Labor Cabinet. See Kentucky Statutes 342.0011 - Income benefits: means payments made under the provisions of this chapter to the disabled worker or his dependents in case of death, excluding medical and related benefits. See Kentucky Statutes 342.0011
- Injury: when used generally, unless the context indicates otherwise, shall include an occupational disease and damage to a prosthetic appliance, but shall not include a psychological, psychiatric, or stress-related change in the human organism, unless it is a direct result of a physical injury. See Kentucky Statutes 342.0011
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Occupational disease: means a disease arising out of and in the course of the employment. See Kentucky Statutes 342.0011
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Statute: A law passed by a legislature.
(3) 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:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 152, effective July 1, 2022. — 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.