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Code · Kentucky · Chapter 342 — Workers' compensation

342.277 Alternative dispute resolution.

224 words·~1 min read·/ky/chapter-342/342-277

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(1)In accordance with administrative regulations promulgated by the commissioner, a
collective bargaining agreement between an employer and a recognized or certified
exclusive bargaining representative that contains the following provisions may be
recognized as valid and binding:
(a)An alternative dispute resolution system to supplement, modify, or replace the
provisions of this chapter that relate to the resolution of disputes, and which
may include but is not limited to mediation and arbitration, the results of
which may be binding upon the parties;
(b)The use of an agreed list of providers of medical treatment, which may be the
exclusive source of all medical and related treatment provided under this
chapter;
(c)The use of a limited list of physicians to conduct independent medical
examinations;
(d)A light duty, modified job, or return-to-work program;
(e)A vocational rehabilitation or retraining program; and
(f)A twenty-four
(24)hour health care coverage plan for medical benefits.
(2)A system of arbitration may provide that the decision of the arbiter is subject to
review by an administrative law judge.
(3)Notwithstanding the provisions in subsection
(1)of this section, no agreement shall
be recognized as valid and binding that diminishes the rights of any of the parties
under this chapter. Also, no agreement shall be valid and binding unless it is agreed
to by the employer's insurance carrier.
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