Chapter 342. Workers' Compensation
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342.001 Definitions—Repealed
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342.0011 Definitions for Chapter
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342.0012 Workers' Compensation Advisory Council—Repealed
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342.0015 Application of 1996 (1st Extra. Sess.) KY. Acts Ch. 1
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342.002 Definition of “Hazardous Employment,” as Used in KRS 342.005 to 342.008—Repealed
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342.003 Definition of “Employer” and “Hazardous Occupations” as Used in KRS 342.016 and 342.017—Repealed
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342.004 Liberal Construction of Chapter; Presumption in Case of Pneumoconiosis or Silicosis—Repealed
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342.005 Employers and Employees to Whom Chapter Applies; Functions of Board in Determining Applicability; Voluntary Election to Come Under Chapter—Repealed
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342.006 Liability of Employer in Hazardous Employment Who Complies with Chapter; Liability of One Who Does Not Comply—Repealed
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342.007 Notice that Compensation Coverage Has Been Provided, and that Employes May Elect to Accept IT; Notice of Other Matters—Repealed
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342.008 Applicability of Chapter to Employers in Hazardous Employment—Repealed
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342.009 Constitutionality of 1946 Enactments Relating to Employers in Hazardous Employment—Repealed
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342.010 “Employer” Includes Municipalities—Repealed
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342.011 Coverage for Employes in Welfare Institutions—Repealed
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342.012 Business Owners; Election to be Included as Employees; Qualified Partners and Members, Nonqualified Partners and Members, and Limited Liability Company Defined; Provision of Partnership Agreement or Articles of Organization upon Request
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342.015 Acceptance of Chapter Relieves of Other Liability; Exceptions; Wilful Misconduct—Repealed
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342.016 Bond, Security or Insurance Policy to be Filed by Employer in Hazardous Occupation Who Does Not Elect to Operate Under Chapter; Conditions; Penal Sum; Renewal—Repealed
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342.017 Hearing Concerning Giving of Bond or Security, and Amount and Terms Thereof; Appeal—Repealed
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342.019 Coverage of Chiropractic Services
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342.020 Medical Treatment at Expense of Employer; Duration of Employer's Obligation; Continuation of Benefits; Selection of Physician and Hospital; Payment; Managed Health Care System; Artificial Members and Braces; Waiver of Privilege; Disclosure of Interest in Referrals; Urine Drug Screenings; Pharmacist Services and Procedures
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342.021 Employer's Duty to Furnish Copies of Examination or Treatment Report; Employee's Duty if Doctor Chosen by Him—Repealed
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342.025 Hernia—Repealed
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342.030 Improper Physician or Treatment—Repealed
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342.033 Medical Evidence; Limitation; Form
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342.035 Administrative Regulations; Medical Fee Schedule; Review and Updating; Action for Excess Fees; Effect of Failure to Submit to or Follow Surgical or Medical Treatment or Advice; Certification to Commissioner; Audit; Utilization Review; Report; Copies of Records; Practice Parameters and Evidence-Based Guidelines; Formulary; Medical Fee Schedule for Registered Nurse First Assistants
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342.038 Employer to Keep Record of Injuries; Reports Required to be Filed
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342.039 Filing of Detailed Claim Information by Each Insurance Company, Self-Insured Group, and Employer Carrying Its Own Risk
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342.040 Time of Payment of Income Benefits and Retraining Incentive Benefits; Attorney's Fees for Recovery of Overdue Temporary Total Disability Income Benefits; Interest on Overdue Benefits
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342.045 Injury Out of State to Person Employed Here—Repealed
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342.050 NO Employer to be Relieved of Obligation of this Chapter—Repealed
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342.055 Remedies when Third Party is Legally Liable—Repealed
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342.060 Liability of Contractor and Subcontractor—Repealed
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342.065 Certain Minors Considered Sui Juris
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342.070 Compensation in Case of Death—Repealed
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342.075 Determination of Dependency
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342.080 when Compensation Ceases—Repealed
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342.085 Definition of Certain Dependents
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342.090 Payment of Death Benefits in Good Faith; Release of Payor from Liability
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342.095 Compensation for Total Disability—Repealed
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342.100 Compensation for Temporary Partial Disability—Repealed
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342.105 Compensation for Enumerated Permanent Partial Disabilities—Repealed
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342.110 Other Permanent Partial Disability; Compensation—Repealed
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342.111 Continuance of Disability Payments upon Death of Employee—Repealed
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342.113 Vocational Rehabilitation—Repealed
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342.115 Refusal of Proper Employment Forfeits Compensation—Repealed
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342.120 Division of Workers' Compensation Funds; Fund's Liability for Claims Occurring After December 12, 1996; Payment of Settlements for Income Benefits; Transfer of Responsibilities from Division to Kentucky Employers' Mutual Insurance Authority
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342.1201 Findings and Declarations Relating to Special Fund Assessments—Repealed
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342.1202 Apportionment of Award for Income Benefits for Permanent Disability Based on Pre-Existing Disease or Pre-Existing Condition of the Back or the Heart; Limit on Special Fund's Liability for All Other Injury Claims—Repealed
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342.121 Reference of Medical Questions in Subsequent Injury or Occupational Disease Cases to Physician; Report; Fees and Expenses; Decision of Administrative Law Judge—Repealed
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342.122 Special Fund Assessments; Annual Adjustments; Quarterly Payments; Electronic Remittance; Reports; Central Claim Registry
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342.1221 Penalty and Interest on Late Payment of Assessments and Expenses; Waiver
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342.1222 Refunds or Credits on Canceled or Returned Premiums
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342.1223 Kentucky Workers' Compensation Funding Commission; Commission's Relationship with Office of Financial Management Within the Finance and Administration Cabinet
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342.1224 Board of Directors of Funding Commission
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342.1225 Annual Audit of Commission's Financial Statements
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342.1226 Special Fund and Funding Commission to Share Books, Records, Documents and Information
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342.1227 Loan or Transfer of Funds of Funding Commission Prohibited
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342.1228 Funding Commission Exempt from Reorganization Powers of Governor
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342.1229 Benefit Reserve Fund
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342.123 Creation of Kentucky Reinsurance Association; Board of Directors; Payment of Premiums and Assessments by Subscribers—Repealed
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342.1231 Payment for Assessment, Penalty and Interest, and Expenses; Procedure for Protesting Special Fund Assessments; Expenses of Audits, How Paid; Mailing of Assessment Notice; Documents Relevant to Reports and Audits; Notice and Payment of Refund; Penalty for Late Payment
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342.1232 Use of Administrative Savings from 1996 (1st Extra. Sess.) KY. Acts Ch. 1
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342.124 Transfer of Liabilities, Funds, Records and Property to Workers' Compensation Funding Commission—Repealed
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342.1240 Legislative Findings and Declaration of Intent Regarding the Kentucky Coal Workers' Pneumoconiosis Fund
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342.1241 Legislative Findings and Declarations on Kentucky Coal Workers' Pneumoconiosis Fund—Repealed
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342.1242 Kentucky Coal Workers' Pneumoconiosis Fund; Liability for and Manner of Making Payments for Awards for Coal Workers' Pneumoconiosis; Assessments to Finance Fund; when Assessments Cease; Distribution of Excess Assessments to Employers; Reimbursement of Funding Commission by Kentucky Employers' Mutual Insurance Authority
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342.1243 Transfer of the Administration, Assets, and Liabilities of the Kentucky Coal Workers' Pneumoconiosis Fund; Assessments on Employers; Abolition of Fund
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342.125 Reopening and Review of Award or Order; Grounds; Procedures; Time Limitations; Credit for Previously-Awarded Retraining Incentive Benefits or Income Benefits Awarded for Coal-Related Pneumoconiosis
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342.130 Compensation of Alien Dependents
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342.135 Notice, How Served; Notice to Nonresident Alien
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342.140 Computation of Employee's Average Weekly Wage
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342.143 Method for Determining the Average Weekly Wage of the State
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342.145 Deduction of Voluntary Payments; Payments Monthly or Quarterly—Repealed
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342.150 Lump-Sum Compensation; when and How Made—Repealed
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342.155 Payment of Lump-Sum Compensation to Trustee
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342.160 Payments to Certain Dependents for Others; Effect of Legal Disability of Dependent
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342.165 Increase or Decrease in Compensation for Failure to Comply with Safety Law; Compensation Not Payable if Employee Falsely Represents Physical Condition or Medical History at Time of Employment
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342.170 Minor Illegally Employed—Repealed
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342.175 Lien for Compensation
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342.180 Compensation Claim Not Assignable; Exempt from Debts; Exception
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342.185 Notice of Accident; Claim for Compensation; Limitation; Cumulative Trauma Injury
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342.186 Notifying Employe of Statute of Limitations—Repealed
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342.190 Notice and Claim to be in Writing; Contents
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342.195 Notice and Claim; How Served
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342.197 Discrimination Against Employees Who Have Filed Claims or Who Have a Diagnosis of Coal-Related Pneumoconiosis; Civil Remedies
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342.200 Certain Defects or Failure to Give Notice Not to Bar Compensation
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342.205 Right of Employer to Require Continued Physical Examination; Payment of Cost of Examination; Effect of Employee's Refusal; Statement of Earnings to be Furnished at Request of Party
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342.210 Limitation of Time Not to Run Against Minors or Incompetents
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342.213 Workers' Compensation Nominating Committee; Membership; Duties with Respect to Appointments
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342.215 Workers' Compensation Board; Authority; Appointment; Qualifications; Term; Vacancies; Retirement System Coverage
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342.220 Oath of Board Members
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342.225 Supervision by Commissioner of Labor—Repealed
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342.228 Responsibilities of Department of Workers' Claims; Selection and Qualifications of Commissioner
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342.229 Claimant Records; Limitation on Inspection
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342.230 Appointment, Qualifications, Terms, and Duties of Administrative Law Judges; Exemption from Classified Service; Removal Provisions; Vacancies; Chief Administrative Law Judge
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342.231 Monthly Reports
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342.232 Quarterly Reports on Insurance Guaranty Funds, Kentucky Coal Workers' Pneumoconiosis Fund, and the Status of KRS Chapter 342
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342.235 Traveling Expenses
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342.240 Office; Equipment; Seal; Sessions; Venue of Certain Proceedings
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342.245 Record of Proceedings
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342.250 Members' Residence to be Shown on Stationery—Repealed
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342.255 Hearing, How Held; What Deemed Order of Board—Repealed
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342.260 Permitted and Required Departmental Administrative Regulations; Adoption of Life Expectancy Tables; Processes and Procedure; Subpoenas; Duties of Sheriff and Circuit Court
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342.262 Legislative Findings; Commissioner to Give Recommendation on New Edition of “Guides to the Evaluation of Permanent Impairment”; Approval of General Assembly Required to Effectuate
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342.265 Compensation Agreement; Approval by Administrative Law Judge; Lump-Sum Payments; Reopening as Remedy for Disagreement; Abatement of Application for Resolution
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342.267 Unfair Claims Settlement Practices; Penalties
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342.270 Application for Resolution of Claim; Joinder; Assignment to Administrative Law Judge; Administrative Regulations for Procedures for Resolution of Claims
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342.275 Benefit Review by Administrative Law Judge; Determination; Procedures; Deadline
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342.276 Mediation Program
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342.277 Alternative Dispute Resolution
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342.280 Review by Full Board; Cost of Attendance of Certain Witnesses—Repealed
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342.281 Petition for Reconsideration; Contents; Response; Decision
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342.285 Appeal to Workers' Compensation Board; Remanding Claim to Administrative Law Judge
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342.290 Review by Court of Appeals
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342.295 Safekeeping, Transporting and Return of Original Record of Board
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342.300 Continuation of Award Pending Appeal; Suspension
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342.305 Enforcement by Circuit Court of Agreement, Order, Decision, or Award
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342.310 Assessment of Cost of Unreasonable Proceedings; Restitution
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342.315 Medical Evaluations by University Medical Schools and “B” Readers; Procedures; Report; Payment of Costs; Performance Assessment of Medical Schools; Use of Telehealth
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342.316 Liability of Employer and Previous Employers for Occupational Disease; Claims Procedure; Administrative Regulations; Time Limitations on Claims; Determination of Liable Employer; Audit; Amount of Compensation; Effect of Concluded Coal Workers' Pneumoconiosis Claim
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342.317 Coal Miners' Pneumoconiosis Fund—Repealed
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342.318 Application of Provisions of KRS 342.316(4) to Certain Asbestos-Related Disease Claims
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342.320 Approval of Attorney's and Physician's Fees and Hospital Charges; Limits on Attorney's Fees; Payment of Attorney Fees; Form Indicating Payment Method Selected; Award by Administrative Law Judge; Fees for Representing Employers
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342.325 Questions Not Settled by Agreement of Parties Determined by Administrative Law Judge
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342.329 Division of Ombudsman and Workers' Compensation Specialist Services; Functions; Ombudsman Program; Toll-Free Telephone Access
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342.330 Employer's Record of Injuries—Repealed
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342.335 Fraud and Misrepresentation in Filing or Delaying the Filing of Claims and in Receiving or Providing Services or Benefits; Penalties
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342.340 Employer to Insure or Provide Security Against Liability to Workers
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342.342 Annual Review of Individual Self-Insurance Administrative Regulations; Annual Report on Financial Soundness of Self-Insurers and Self-Insurance Groups; Division of Security and Compliance Expansion
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342.345 Certificate of Individual Self-Insurance; Revocation; New Certificate; Effect of Revocation
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342.347 Examination of Finances of Individual Self-Insureds; Annual Statement of Financial Condition; Role of Department of Insurance
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342.350 Mutual Insurance Associations and Reciprocal or Interinsurance Exchanges for Compensation Claims; Reinsurance; Self-Insured Groups; Power to Contract, Sue, and be Sued
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342.352 Voluntary Programs for Integrated Management of Employer's Worker Compensation and Group Health Insurance Claims; Twenty-Four Hour Coverage
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342.355 Private Insurance; Requirements; Approval of Board; Termination—Repealed
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342.360 Agreements in Policy as to Notice; Jurisdiction and Liability of Insurer
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342.365 Policy to Waive Improper Notice and be Direct Promise to Employee
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342.370 Board to Approve Form of Policies—Repealed
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342.375 Policy to Cover Entire Liability of Employer; Separate Policy for Specified Plant or Location May be Authorized
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342.380 Commissioner of Department of Insurance to Approve Policy; Review; Appeal
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342.382 Report of Workers' Compensation Experience
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342.385 Insurance Rates to be Reasonable; Subject to Approval of Board and Director of Insurance—Repealed
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342.390 Employer's Election to Operate Under Chapter
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342.395 Employee Deemed to Have Accepted Provisions of Chapter; Employee's Written Notice of Rejection; Withdrawal of Election
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342.400 Notice of Employee's Rejection to be Preserved
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342.402 Restraining or Enjoining of Operations of Employer
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342.405 Withdrawal from Election to Operate or Rejection of Chapter; Filing; Effect; Posted Notice—Repealed
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342.410 Employer Who Fails to Elect Denied Certain Defenses at Law—Repealed
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342.415 Employee Who Rejects Provisions of Chapter is Subject to Common–Law Defenses—Repealed
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342.420 Employee Not to Pay Premium for Compensation
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342.425 Attorneys Required to Represent Department, Its Employees, the Board, or Administrative Law Judges
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342.430 Blank Forms to be Furnished by Commissioner
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342.435 Commissioner's Annual Report
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342.440 Fund for Administration—Repealed
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342.445 Definitions; Insurance Carrier to Pay Tax Premiums—Repealed
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342.447 Insurance Companies' Payments of Amounts Collected for Taxes and Assessments of Kentucky Reinsurance Association or Department of Revenue Mandatory; Audits to Ensure Compliance
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342.450 Insurance Premium Tax; Additional Assessments; Annual Return of Insurance Carrier; Amount of Tax on Premiums—Repealed
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342.455 Procedure if Insurance Company Fails to Make Return—Repealed
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342.460 Withdrawal from Business in Kentucky Before Special Fund Assessments and Other Taxes Fall Due or Failure to Pay Tax; Collection; Attorney's Fees
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342.465 Persons Not to Act for Unauthorized Insurance Company nor to Make False Statement or Return
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342.470 How Notice May be Given to Insurance Carrier
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342.475 Employer Carrying Own Risk to Pay Maintenance Fund Tax—Repealed
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342.480 Maintenance Fund; Use; Not to Lapse; Publication of Proceedings—Repealed
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342.485 Procedure if Surplus Exceeds $500,000—Repealed
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342.490 Board Not to Incur Expense Exceeding Appropriation—Repealed
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342.495 Kentucky Employee's Insurance Association Created; Attached to Department of Labor for Administrative Purposes—Repealed
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342.500 Board of Directors; Selection; Term—Repealed
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342.505 Board Officers Elected Annually—Repealed
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342.510 Quorum of Board; Vacancies—Repealed
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342.515 Representation of Subscribers—Repealed
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342.520 Subscriptions Required to Issue First Policy—Repealed
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342.525 Procedure Required Before First Policy Issued—Repealed
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342.530 Board to Group Subscribers; Amount of Premiums—Repealed
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342.535 Association to Fix Contingent Liability; Limit—Repealed
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342.540 Assessments—Repealed
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342.545 Dividends; All Funds Available for Contingent Liability—Repealed
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342.550 Executive Director of Insurance to Approve Premiums, Etc.—Repealed
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342.555 Board to Make Safety Regulations; Inspections; Review of Regulation—Repealed
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342.610 Liability for Compensation; Contractor and Subcontractor; Limitation of Liability if Employee Intended to Kill or Injure Self or Another; Illegal Substances; Employer's Intention to Produce Injury or Death; Builder's Proof of Coverage Required for Issuance of Building Permit; Notice Required to be Posted by Employers
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342.615 Registration of Employee Leasing Companies; Coverage Requirements for Lessees; Status of Temporary Help Service—Repealed
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342.620 Definitions—Renumbered
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342.630 Coverage of Employers
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342.640 Coverage of Employees
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342.650 Exemptions of Particular Classes of Employees from Coverage
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342.660 Voluntary Coverage
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342.670 Extraterritorial Coverage
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342.680 Presumptions in the Case of Death or of Physical or Mental Inability to Testify
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342.690 Exclusiveness of Liability
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342.700 Remedies when Third Party is Legally Liable; Liability and Indemnification Rights of Principal Contractors, Intermediates, and Subcontractors; Requirement of Waiver of Remedies for Award of Contract Unlawful
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342.710 Rehabilitation Rights, Duties, and Procedures; Acceleration of Benefits
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342.715 Calculation of Benefits During Participation in Vocational or Physical Rehabilitation Program
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342.720 Burial Expense—Repealed
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342.730 Determination of Income Benefits for Disability; Survivors' Rights; Termination; Offsets; Notification of Return to Work; Professional Athletes
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342.7305 Compensability of Occupational Hearing Loss; Authority for Administrative Regulations; Rebuttable Presumption as to Employer Liability
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342.732 Income Benefits and Retraining Incentive Benefits for Coal Workers' Pneumoconiosis; Referral to Office of Vocational Rehabilitation; Administrative Regulations; Online Portal
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342.734 Mandated Administrative Regulations on Medical Services
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342.735 Additional Authority for Administrative Regulations on Expediting Payment of Temporary Total Disability Benefits, Use of Managed Care, and Expediting Payment for and Resolution of Disputes Concerning Medical Benefits
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342.740 Determination of Average Weekly Wage; Adjustment in Weekly Maximum and Minimum Income Benefits for Disability
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342.750 Income Benefits for Death; Additional Lump-Sum Payment for Deaths Occurring Within Four Years of Injury
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342.760 Uninsured Employers' Fund
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342.765 Administration of Fund; Transfer of Reimbursement Funds; Reports
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342.770 Determination of Employer's Compliance; Recording Certificate Constituting a Lien in Favor of Uninsured Employer's Fund
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342.780 Joinder of Uninsured Employers' Fund
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342.790 Award Against Noncomplying Employer as a Liquidated Claim for Damages; Action by Attorney General for Uninsured Employers' Fund
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342.792 Consideration, Reopening, and Filing of Claims of Miners Who Were Last Exposed to Hazards on Certain Dates; Benefits
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342.794 “B” Reader List
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342.796 Notice of Education and Training Opportunities
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342.800 Application to Claims; Filing Under Federal Coal Mine Health and Safety Act—Repealed
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Employers' Mutual Insurance Authority
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Self–Insurance Guaranty Funds
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Penalties