Kentucky Statutes 342.792 – Consideration, reopening, and filing of claims of miners who were last exposed to hazards on certain dates — Benefits
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(1) 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.
(2) 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.
(3) 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.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 40, sec. 16, effective July 14, 2018. — 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.
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,
Terms Used In Kentucky Statutes 342.792
- 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
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- 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
- 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.
2017.
(2) 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.
(3) 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.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 40, sec. 16, effective July 14, 2018. — 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.