Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:290 - Continuation of medical benefits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.0011(13),
				342.020.
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260(1) requires the
				commissioner to promulgate administrative regulations necessary to carry on the
				work of the department and the work of administrative law judges so long as
				those administrative regulations are consistent with KRS Chapter 342 or KRS
				Chapter 13A.
				KRS
				342.020(1) provides an
				employer shall pay for the cure and relief from the effects of an injury or
				occupational disease as required at the time of injury and thereafter for the
				length of time set forth in
				KRS
				342.020.
				KRS
				342.020(3) sets forth the
				length of time for which the employer is responsible for payment and provides
				an employee shall receive a continuation of the benefits provided in
				KRS
				342.020 beyond the stated length of time if
				certain criteria are met.
				KRS
				342.020(3) further provides
				the department shall, 754 weeks from the date of injury or last exposure,
				notify the employee of the right to file an application for continuation of the
				benefits provided in
				KRS
				342.020. This administrative regulation
				applies to the benefits provided in
				KRS
				342.020 and for which the employer's
				responsibility for payment is limited to 780 weeks. This administrative
				regulation establishes the process by which the department will notify the
				employee of the right to file an application to continue the benefits provided
				by
				KRS
				342.020, the method by which the employee is
				to make application, and the process by which an administrative law judge will
				determine and order a continuation of benefits for an additional time beyond
				the original period.
Section 1.
			 Definitions.
(1) "Benefit Review Conference"
			 means a benefit review conference as described in
			 803 KAR
			 25:010, Section 13.
(2) "Commissioner" means the commissioner
			 charged in
			 KRS
			 342.228 to administer the department and
			 whose duties are stated in
			 KRS
			 342.230.
(3) "Department" means the governmental
			 entity whose responsibilities are provided in
			 KRS
			 342.228.
(4) "Notice" means a communication from the
			 commissioner or his designee advising a claimant of the right to file an
			 application to extend the employer's liability for payment of benefits beyond
			 the 780-week limitation provided in
			 KRS
			 342.020(3).
(5) "Notice of Filing of Application" means a
			 document that alerts the parties to a claim that an application to extend the
			 employer's obligation for payment of benefits beyond the 780-week period has
			 been filed, assigns the matter to an administrative law judge, and provides a
			 Litigation Management System access number to those parties.
(6) "Week" means seven (7) consecutive days;
			 the day of injury or date of last exposure shall not be included when computing
			 the 780-week period for which the employer has the obligation to pay the
			 benefits specified in
			 KRS
			 342.020.