Kentucky Statutes 342.260 – Permitted and required departmental administrative regulations — Adoption of life expectancy tables — Processes and procedure — Subpoenas — Duties of sheriff and Circuit Court
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(1) The commissioner shall promulgate administrative regulations as he or she considers necessary to carry on the work of the department and the work of the administrative law judges and may promulgate administrative regulations not inconsistent with this chapter and KRS Chapter 13A for carrying out the provisions of this chapter.
(2) The commissioner shall promulgate administrative regulations on or before December 31, 2015, establishing the information necessary to be received to create an e-mail notification system where a person may enter his or her e-mail address into the Insurance Coverage Look-up database established by the Department of Workers’ Claims and be notified of any cancellation of a specific business’ workers’ compensation coverage.
(3) The commissioner shall develop or adopt life expectancy tables for use in making computations for the apportionment of benefits under KRS § 342.120, computation of attorneys’ fees under KRS § 342.320, and for use in all other situations arising under this chapter in which the calculation of a life expectancy is necessary or desirable, including the computation of assessments or reserves for self-insurers. The commissioner may adopt life tables published by the United States Department of Health and Human Services or other life tables developed by a qualified entity, as determined by the commissioner. The life tables developed or adopted by the commissioner through the promulgation of administrative regulations in effect as of the date of an opinion, award, or settlement approved by an administrative law judge shall apply to computations concerning that opinion, award, or settlement.
(4) Processes and procedures under this chapter shall be as summary and simple as reasonably possible. The board or any member thereof or any administrative law judge for the purpose of this chapter, may subpoena witnesses, administer or cause to have administered oaths, and examine or cause to have examined those parts of the books and records of the parties to a proceeding as relate to questions in dispute.
(5) The sheriff shall serve all subpoenas of the board and administrative law judges and shall receive the same fee as provided by law for like service in civil actions. Each witness who appears in obedience to the subpoena of the board or any administrative law judge shall receive for attendance the fees and mileage for witnesses in civil cases in the Circuit Courts.
(6) The Circuit Court shall, on application of the board, any member thereof, or any administrative law judge, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 80, sec. 2, effective July 15, 2014. — Amended
2010 Ky. Acts ch. 24, sec. 1807, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 514, sec. 15, effective July 14, 2000. — Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 60, effective December 12, 1996. — Amended 1996 Ky. Acts ch. 355, sec.
8, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 181, Part 15, sec. 81, effective April 4, 1994. — Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 29, effective January 4, 1988. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4618-112, 4930.
(2) The commissioner shall promulgate administrative regulations on or before December 31, 2015, establishing the information necessary to be received to create an e-mail notification system where a person may enter his or her e-mail address into the Insurance Coverage Look-up database established by the Department of Workers’ Claims and be notified of any cancellation of a specific business’ workers’ compensation coverage.
Terms Used In Kentucky Statutes 342.260
- Board: means the Workers' Compensation Board. See Kentucky Statutes 342.0011
- Commissioner: means the commissioner of the Department of Workers' Claims under the direction and supervision of the secretary of the Education and Labor Cabinet. See Kentucky Statutes 342.0011
- 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 - Person: means any individual, partnership, limited partnership, limited liability company, firm, association, trust, joint venture, corporation, or legal representative thereof. 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.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- United States: when used in a geographic sense, means the several states, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, and the territories of the United States. See Kentucky Statutes 342.0011
- Work: means providing services to another in return for remuneration on a regular and sustained basis in a competitive economy. See Kentucky Statutes 342.0011
(3) The commissioner shall develop or adopt life expectancy tables for use in making computations for the apportionment of benefits under KRS § 342.120, computation of attorneys’ fees under KRS § 342.320, and for use in all other situations arising under this chapter in which the calculation of a life expectancy is necessary or desirable, including the computation of assessments or reserves for self-insurers. The commissioner may adopt life tables published by the United States Department of Health and Human Services or other life tables developed by a qualified entity, as determined by the commissioner. The life tables developed or adopted by the commissioner through the promulgation of administrative regulations in effect as of the date of an opinion, award, or settlement approved by an administrative law judge shall apply to computations concerning that opinion, award, or settlement.
(4) Processes and procedures under this chapter shall be as summary and simple as reasonably possible. The board or any member thereof or any administrative law judge for the purpose of this chapter, may subpoena witnesses, administer or cause to have administered oaths, and examine or cause to have examined those parts of the books and records of the parties to a proceeding as relate to questions in dispute.
(5) The sheriff shall serve all subpoenas of the board and administrative law judges and shall receive the same fee as provided by law for like service in civil actions. Each witness who appears in obedience to the subpoena of the board or any administrative law judge shall receive for attendance the fees and mileage for witnesses in civil cases in the Circuit Courts.
(6) The Circuit Court shall, on application of the board, any member thereof, or any administrative law judge, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records.
Effective: July 15, 2014
History: Amended 2014 Ky. Acts ch. 80, sec. 2, effective July 15, 2014. — Amended
2010 Ky. Acts ch. 24, sec. 1807, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 514, sec. 15, effective July 14, 2000. — Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 60, effective December 12, 1996. — Amended 1996 Ky. Acts ch. 355, sec.
8, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 181, Part 15, sec. 81, effective April 4, 1994. — Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 29, effective January 4, 1988. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4618-112, 4930.