67A.480 Medical examination to determine disability -- Certification of

307 words·~1 min read·/ky/67a-480

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

examining physicians -- Rehearing or judicial review.

(1)For the purpose of KRS 67A.360 to 67A.690, a member shall be considered

totally and permanently disabled after the board has received written

certification by at least two

(2)licensed and practicing physicians selected by

the board that the member is totally and likely to be permanently disabled for

the further performance of the duties of any assigned position in the service of

the department.

(2)For members who make an application for total and permanent occupational

disability, at least two

(2)licensed and practicing physicians selected by the

board must also certify in writing that the member's disability is due to an

occupational cause. If such physicians do not concur as to whether the

member's disability is due to an occupational cause, the board may, with the

consent of the member, grant the member a disability retirement due to a

cause other than occupational disability under the provisions of KRS 67A.470.

(3)If upon consideration of the report of such physicians as provided by

subsections

(1)and

(2)of this section and such other evidence as shall have

been presented to it by the member or others interested therein, the board

finds the member to be totally and permanently disabled, it shall grant him a

disability retirement annuity upon written certification that the member has

been separated from the service of the government because of total disability

of such nature as to reasonably prevent further service for the employer, and

as a consequence is not entitled to compensation from the government.

(4)Nothing contained in this section shall be construed to limit the ability of a

member to seek a rehearing in accordance with KRS 67A.660 or judicial review

in accordance with KRS 67A.670 of a disability determination or calculation of

a disability retirement annuity by the board.