342.270 Application for resolution of claim -- Joinder -- Assignment to

303 words·~1 min read·/ky/342-270

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

administrative law judge -- Administrative regulations for procedures for

resolution of claims.

(1)If the parties fail to reach an agreement in regard to compensation under this

chapter, either party may make written application for resolution of claim. The

application must be filed within two

(2)years after the accident, or, in case of death,

within two

(2)years after the death, or within two

(2)years after the cessation of

voluntary payments, if any have been made. When the application is filed by the

employee or during the pendency of that claim, he or she shall join all causes of

action against the named employer which have accrued and which are known, or

should reasonably be known, to him or her. Failure to join all accrued causes of

action will result in such claims being barred under this chapter as waived by the

employee.

(2)Except with respect to claims for benefits by reason of pneumoconiosis, the

commissioner shall issue notice of the filing to all parties and shall promptly assign

the claim to an administrative law judge. The administrative law judge shall

facilitate the exchange of information pertinent to the claim pursuant to

administrative regulations promulgated by the commissioner. Within forty-five

days of the date of issuance of the notice required by this section, the employer or

carrier shall file notice of claim denial or acceptance, setting forth specifically those

material matters which are admitted, those which are denied, and the basis of any

denial of the claim.

(3)Within one hundred twenty

(120)days of July 14, 2018, the commissioner shall

promulgate or amend existing administrative regulations establishing procedures for

the resolution of claims. The administrative regulations promulgated pursuant to the

provisions of this subsection shall be effective on an emergency basis and be

applied to all pending claims.