342.792 Consideration, reopening, and filing of claims of miners who were last
487 words·~2 min read·
/ky/342-792A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
exposed to hazards on certain dates -- Benefits.
(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.