342.120 Division of Workers' Compensation Funds -- Fund's liability for
286 words·~1 min read·
/ky/342-120A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
claims occurring after December 12, 1996 -- Payment of settlements for
income benefits -- Transfer of responsibilities from division to Kentucky
Employers' Mutual Insurance Authority.
(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.