Kentucky Statutes 342.262 – Legislative findings — Commissioner to give recommendation on new edition of “Guides to the Evaluation of Permanent Impairment” — Approval of General Assembly required to effectuate
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(1) The General Assembly hereby declares it to be the policy of the Commonwealth of Kentucky that the most recent and valid scientific and technological advancements in medicine be considered in evaluating the nature and extent of an injured worker’s impairment.
(2) (a) Therefore, within one hundred eighty (180) days of publication by the American Medical Association of a new edition of the “Guides to the Evaluation of Permanent Impairment,” the commissioner shall recommend to the General Assembly whether all or a portion of the new edition should be enacted by the General Assembly in order to produce more equitable and accurate ratings of permanent impairment resulting from work-related injuries.
(b) Prior to making the recommendation required in paragraph (a) of this subsection, the commissioner shall:
1. Consult with medical providers, representatives of injured workers, employers and representatives of employers, insurance carriers, and legal representatives of employers and injured workers; and
2. Consider studies and analyses conducted by workers’ compensation rating organizations, including the National Council on Compensation Insurance (NCCI).
(3) The recommendation of the commissioner shall not become effective unless the
General Assembly approves and adopts the recommendation.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 90, sec. 2, effective July 15, 2010.
Legislative Research Commission Note (7/15/2010). References to the “executive director” of workers’ claims in subsections (2) and (3) of this section, as created by
2010 Ky. Acts ch. 90, sec. 2, have been changed in codification to the “commissioner” of workers’ claims to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.
(2) (a) Therefore, within one hundred eighty (180) days of publication by the American Medical Association of a new edition of the “Guides to the Evaluation of Permanent Impairment,” the commissioner shall recommend to the General Assembly whether all or a portion of the new edition should be enacted by the General Assembly in order to produce more equitable and accurate ratings of permanent impairment resulting from work-related injuries.
Terms Used In Kentucky Statutes 342.262
- 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
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(b) Prior to making the recommendation required in paragraph (a) of this subsection, the commissioner shall:
1. Consult with medical providers, representatives of injured workers, employers and representatives of employers, insurance carriers, and legal representatives of employers and injured workers; and
2. Consider studies and analyses conducted by workers’ compensation rating organizations, including the National Council on Compensation Insurance (NCCI).
(3) The recommendation of the commissioner shall not become effective unless the
General Assembly approves and adopts the recommendation.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 90, sec. 2, effective July 15, 2010.
Legislative Research Commission Note (7/15/2010). References to the “executive director” of workers’ claims in subsections (2) and (3) of this section, as created by
2010 Ky. Acts ch. 90, sec. 2, have been changed in codification to the “commissioner” of workers’ claims to reflect the reorganization of certain parts of the Executive Branch, as set forth in Executive Order 2009-535 and confirmed by the General Assembly in 2010 Ky. Acts ch. 24. These changes were made by the Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.