reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 2 - Occupational Safety and Health › Section 803 KAR 2:440 - Cranes and derricks in construction

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				338.015,
				29 C.F.R.
				1926.1400-1926.1441
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				338.051(3) requires the
				Kentucky Occupational Safety and Health Standards Board to promulgate
				occupational safety and health administrative regulations and authorizes the
				chairman to reference federal standards without board approval if necessary to
				meet federal time requirements.
				KRS
				338.061 authorizes the board to establish,
				modify, or repeal standards and reference federal standards. This
				administrative regulation establishes the standards that are enforced by the
				Department of Workplace Standards in construction.
Section 1. Definitions.
(1) "C.F.R." means Code of Federal
			 Regulations.
(2) "Employee" is
			 defined by
			 KRS
			 338.015(2).
(3) "Employer" is defined by
			 KRS
			 338.015(1).
(4) "Secretary of Labor" means Secretary,
			 Labor Cabinet, or Commissioner, Department of Workplace Standards, Labor
			 Cabinet.
(5) "Standard" means
			 "occupational safety and health standard" as defined by
			 KRS
			 338.015(3).
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 2 - Occupational Safety and Health › Section 803 KAR 2:445 - Confined spaces in construction

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				338.015, 29 C.F.R. 1926.1200-1926.1213
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				338.051(3) requires the
				Kentucky Occupational Safety and Health Standards Board to promulgate
				occupational safety and health administrative regulations and authorizes the
				chairman to reference federal standards without board approval if necessary to
				meet federal time requirements.
				KRS
				338.061 authorizes the board to establish,
				modify, or repeal standards and reference federal standards. This
				administrative regulation establishes standards that are enforced by the
				Department of Workplace Standards in construction.
Section 1. Definitions.
(1) "C.F.R." means Code of Federal
			 Regulations.
(2) "Employee" is
			 defined by
			 KRS
			 338.015(2).
(3) "Employer" is defined by
			 KRS
			 338.015(1).
(4) "Established federal standard" is defined
			 by
			 KRS
			 338.015(10).
(5) "Secretary of Labor" means Secretary,
			 Labor Cabinet, or Commissioner, Department of Workplace Standards, Labor
			 Cabinet.
(6) "Standard" means
			 "occupational safety and health standard," which is defined by
			 KRS
			 338.015(3).
(7) "U.S. Department of Labor" means U.S.
			 Department of Labor or Kentucky Labor Cabinet, 500 Mero Street, 3rd Floor,
			 Frankfort, Kentucky 40601.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 2 - Occupational Safety and Health › Section 803 KAR 2:500 - Maritime employment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				338.015, 29 C.F.R. 1915, 1917, 1918,
				1919
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				338.051(3) requires the
				Kentucky Occupational Safety and Health Standards Board to promulgate
				occupational safety and health administrative regulations and authorizes the
				chairman of the board to reference federal standards without board approval if
				necessary to meet federal time requirements.
				KRS
				338.061 authorizes the board to establish,
				modify, or repeal standards and reference federal standards. 29 C.F.R. Parts
				1915, 1917, 1918, and 1919 establish federal requirements relating to maritime
				employment. This administrative regulation establishes maritime employment
				standards enforced by the Department of Workplace Standards in the maritime
				industry.
Section 1. Definitions.
(1) "Administration" means the Kentucky Labor
			 Cabinet or Department of Workplace Standards.
(2) "Assistant secretary" means Secretary,
			 Labor Cabinet, or Commissioner, Department of Workplace Standards, Labor
			 Cabinet.
(3) "C.F.R." means Code of
			 Federal Regulations.
(4) "Employee"
			 is defined by
			 KRS
			 338.015(2).
(5) "Employer" is defined by
			 KRS
			 338.015(1).
(6) "U.S. Department of Labor" means U.S.
			 Department of Labor or Kentucky Labor Cabinet, 500 Mero Street, 3rd Floor,
			 Frankfort, Kentucky 40601.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 2 - Occupational Safety and Health › Section 803 KAR 2:600 - Occupational safety and health standards for agriculture

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				338.051,
				338.061,
				29 C.F.R. 1928
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				338.051(3) requires the
				Kentucky Occupational Safety and Health Standards Board to promulgate
				occupational safety and health administrative regulations and authorizes the
				chairman to reference federal standards without board approval if necessary to
				meet federal time requirements.
				KRS
				338.061 authorizes the board to establish,
				modify, or repeal standards and reference federal standards. This
				administrative regulation establishes standards enforced by the Department of
				Workplace Standards in the agriculture industry.
Section 1.
(1) "Assistant secretary" means Secretary,
			 Labor Cabinet or Commissioner, Department of Workplace Standards, Labor
			 Cabinet.
(2) "C.F.R." means Code of
			 Federal Regulations.
(3) "Employee"
			 is defined by
			 KRS
			 338.015(2).
(4) "Employer" is defined by
			 KRS
			 338.015(1).
(5) "U.S. Department of Labor" means Kentucky
			 Labor Cabinet, Mayo-Under Building, 500 Mero Street, 3rd Floor, Frankfort,
			 Kentucky 40601 or U.S. Department of Labor.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 3 - Collective Bargaining and Arbitration › Section 803 KAR 3:010 - General rules of procedure

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				345.120
NECESSITY, FUNCTION, AND CONFORMITY: The State Labor Relations
				Board is authorized by
				KRS
				345.120(7) to promulgate
				uniform rules necessary to carry out its duties. The function of this
				administrative regulation is to establish general rules to be followed by the
				Board during its administrative functions. These rules are adopted to aid the
				State Labor Relations board and interested parties in proceeding under the
				Firefighters Collective Bargaining Act.
Section
			 1. Purpose. These rules are hereby adopted to aid the State Labor
			 Relations Board and interested parties in proceeding under the Fire Fighters
			 Collective Bargaining Act. During the course of business, the board may waive
			 or modify its rules with unanimous consent of the parties and the board or
			 board agent. No waiver or modification of board rules shall be permitted
			 contrary to specific statutory requirement.
Section 2. Policy. The policy of the state
			 being primarily to encourage, promote and develop fair employment practices,
			 both by employers and employees, these rules shall be so construed to
			 facilitate the State Labor Relations Board in using its best and good faith
			 efforts to adjust any disputes arising under this act.
Section 3. Definitions. Any terms used herein
			 that are defined in the Fire Fighters Collective Bargaining Act shall have the
			 meaning therein set forth.
Section
			 4. Proceedings Consolidated. Proceedings before the board may be
			 consolidated in order to expedite the settling of the dispute with unanimous
			 consent of the parties and the Board or Board agent.
Section 5. Construction. These rules and
			 administrative regulations shall be liberally construed to effect the purpose
			 of the act.
STATUTORY AUTHORITY:
				  KRS
				  345.120(7)
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 3 - Collective Bargaining and Arbitration › Section 803 KAR 3:020 - Election and certification of unit representatives

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				345.060(1)(b),
				345.120
NECESSITY, FUNCTION, AND CONFORMITY: The State Labor Relations
				Board is authorized by
				KRS
				345.120(7) to promulgate
				uniform rules necessary to carry out its duties. This administrative regulation
				is to establish rules for the State Labor Relations Board regarding the
				election and certification of representatives for firefighting units to carry
				out the purpose and intent of the Firefighters Collective Bargaining
				Act.
Section 1. Scope. This chapter
			 governs the general procedure relating to elections to determine a collective
			 bargaining representative for all employees in a unit appropriate for that
			 purpose.
Section 2. Petition for
			 Election.
(1) Who may file. A petition to
			 determine a collective bargaining representative or an appropriate collective
			 bargaining unit may be filed by an individual, or by a labor organization
			 acting on their behalf, or by the municipal employer or anyone lawfully
			 authorized to act on the behalf of at least thirty (30) percent of the
			 employees who have signed affiliation cards on the union showing proof of
			 representation.
(2) Form, number of
			 copies. The petition shall be prepared on a form furnished by the board and the
			 original and five (5) copies thereof shall be signed and filed with the
			 board.
(3) Contents. The petition
			 shall include the following:
(a) The name,
			 address and affiliation, if any, of the petitioner, and the name and telephone
			 number of its principal representative.
(b) The name and address of the municipal
			 employer involved, if the municipal employer is not the petitioner, and the
			 name and telephone number of its principal representative.
(c) A description of the claimed appropriate
			 collective bargaining unit specifying inclusions and exclusions, as well as the
			 approximate number of supervisors in the unit.
(d) The names and addresses of any known
			 labor organization who claim to represent firefighter personnel in the claimed
			 appropriate collective bargaining unit.
(e) A brief statement setting forth the
			 nature of the question that has arisen concerning representation.
(f) Any other relevant facts.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 3 - Collective Bargaining and Arbitration › Section 803 KAR 3:030 - Unfair labor practice complaints

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				345.070,
				345.120
NECESSITY, FUNCTION, AND CONFORMITY: The State Labor Relations
				Board is authorized by
				KRS
				345.120(7) to promulgate
				uniform rules necessary to carry out its duties. The function of this
				administrative regulation is to establish general rules for the Board relating
				to the administrative and adjudicatory handling of unfair labor practice
				complaints. This administrative regulation is to establish general rules for
				the State Labor Relations Board relating to the administrative and adjudicatory
				handling of unfair labor practice complaints filed under the Firefighters
				Collective Bargaining Act.
Section 1.
			 Who may File a Complaint. A complaint that a person has engaged or is engaging
			 in an unfair labor practice may be submitted by any party in interest. Such
			 complaint shall be in writing upon a form provided by the board, the original
			 being signed and sworn to before any person authorized to administer oaths or
			 acknowledgments. Five (5) additional copies of the complaint shall be
			 filed.
Section 2. Complaint. The
			 complaint shall include:
(1) The full name and
			 address of the person making the complaint, hereinafter referred to as the
			 complainant;
(2) The full name and
			 address of the person against whom the complaint is made; hereinafter referred
			 to as the respondent;
(3) A clear
			 and concise statement of the facts constituting the alleged unfair labor
			 practice or practices, including the time and place of occurrence of particular
			 acts and the names of all persons involved.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 3 - Collective Bargaining and Arbitration › Section 803 KAR 3:040 - Deadlocked negotiations petition

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				345.080,
				345.120
NECESSITY, FUNCTION, AND CONFORMITY: The State Labor Relations
				Board is authorized by
				KRS
				345.120(7) to promulgate
				uniform rules necessary to carry out its duties. The function of this
				administrative regulation is to establish rules for the board relating to their
				investigatory, administrative and adjudicatory handling of fact-findings as to
				whether firefighters or their representatives and their employers are
				deadlocked in negotiations. This administrative regulation is to establish
				rules for the State Labor Relations Board relating to their investigatory,
				administrative and adjudicatory handling of fact-findings as to whether
				firefighters or their representatives and their employers are deadlocked in
				negotiations, in order to carry out the purpose and intent of the Firefighters
				Collective Bargaining Act.
Section 1.
			 The petition may be filed by any party to the controversy, and shall be on a
			 form furnished by the board; the original being notarized. Five (5) additional
			 copies shall be filed with the board. The party filing the petition, shall, at
			 the same time, cause a copy of said petition to be served on two (2) other
			 parties or its representative, by return receipt mail.
Section 2. Comments. The petition shall
			 include the following:
(1) The name, address
			 and affiliation of the labor organization involved, and its principal
			 representative.
(2) The name,
			 address and principal representative of the municipal employer
			 involved.
(3) A description of the
			 certified or recognized collective bargaining unit involved, as well as the
			 approximate number of employees in such unit.
(4) A statement setting forth the basis of
			 the petition, either that after a reasonable period of negotiation the parties
			 are deadlocked; or refused to meet and negotiate in good faith at reasonable
			 times a bona fide effort to arrive at a settlement, and at least thirty (30)
			 days has passed since beginning of negotiations.
(5) A statement to the effect that, within
			 the knowledge of the petitioner, said deadlock or failure or refusal to meet
			 and negotiate in good faith in a bona fide effort to arrive at a settlement,
			 does not involve discipline or discharge cases under civil service provisions
			 of a state or local ordinance.
(6)
			 A clear and concise statement of facts constituting said alleged deadlock, or
			 said failure or refusal to meet and negotiate in good faith.
(7) A statement as to whether or not the
			 municipal employer involved has established fact-finding procedures, (if so,
			 the petitioner must attach a copy of such fact-finding procedures).
(8) Any other relevant facts.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 5 - Administration › Section 803 KAR 5:005 - Employee access to or use of federal tax information; required criminal background check

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				18A.095,
				336.015,
				336.040,
				336.125
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS 336.040 requires
				the Labor Cabinet to exercise all administrative functions of the state
				concerned with the employer-employee relationship. KRS 336.125 requires the
				Labor Cabinet to promulgate administrative regulations to establish
				requirements concerning criminal background checks for prospective and current
				employees, including contract staff, with access to or use of federal tax
				information (FTI). This administrative regulation establishes the guidelines to
				implement the requirements set forth in KRS 336.125 and IRS Publication
				1075.
Section 1. Definitions.
(1) "Applicant" means an individual who
			 applies for employment with the Labor Cabinet or its offices, or a contractor
			 working on behalf of the Cabinet or its offices, who has, or will likely have,
			 access to or use of FTI in their regular course of business.
(2) "Contract staff" means an individual
			 employed by the Labor Cabinet or its offices, or a contractor working on behalf
			 of the Cabinet or its offices, who does not meet the definition of employee in
			 this section.
(3) "Criminal
			 background check" means a national and state fingerprint-supported criminal
			 history background investigation performed in accordance with KRS
			 336.125.
(4) "Employee" means
			 either a classified employee as defined by
			 KRS
			 18A.005(7), an unclassified
			 employee pursuant to
			 KRS
			 18A.115, or a federally funded time-limited
			 employee as defined by
			 KRS
			 18A.005(15).
(5) "Disqualifying offense" means a
			 conviction, plea of guilty, Alford plea, or plea of nolo contendere to any
			 felony, misdemeanor, or offense the nature of which indicates that the
			 applicant, employee, or contract staff constitutes an unreasonable and
			 immediate risk to the security of FTI (including crimes of theft or
			 dishonesty), unless the Labor Cabinet or its offices determine there are
			 mitigating circumstances that sufficiently remediate the existing
			 risk.
(6) "Federal tax information"
			 or "FTI" means federal tax returns and return information received directly
			 from the IRS or obtained through an authorized secondary source, such as the
			 Social Security Administration (SSA), Federal Office of Child Support
			 Enforcement (OCSE), Bureau of Fiscal Service (BFS), Centers for Medicare and
			 Medicaid Services (CM) or any entity acting on behalf of the IRS pursuant to an
			 IRC 6103 Agreement.
(7) "Office"
			 means any agency, office, department, or commission within the Labor
			 Cabinet.
(8) "Responsible agency"
			 means an office within the Labor Cabinet, or contractor working on behalf of an
			 office, that employs or offers a job to an individual in a position for which
			 the job duties include access to or use of FTI.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:015 - Issuance of citations and procedure in workers' compensation enforcement hearings

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 342.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				13B.170 authorizes administrative agencies to
				promulgate administrative regulations necessary to carry out the provisions of
				KRS Chapter 13B governing administrative hearings.
				KRS
				342.260 requires the Commissioner of the
				Department of Workers' Claims to promulgate administrative regulations
				necessary to carry on the work of the department and administrative law judges.
				KRS
				13B.070(3) requires
				administrative agencies to promulgate administrative regulations to set forth
				specific procedures to facilitate informal settlement of matters.
				KRS
				342.260(4) requires
				processes and procedures to be as summary and simple as reasonably possible.
				KRS
				342.267 and
				342.990
				establish penalties for various violations of KRS Chapter 342.
				KRS
				342.990 also provides a party the opportunity
				to challenge a penalty assessed against them. This administrative regulation
				establishes procedures for enforcement hearings under KRS Chapter 342
Section 1. Definitions.
(1) "Administrative law judge" means an
			 individual appointed pursuant to
			 KRS
			 342.230(2).
(2) "Business day" means any day except
			 Saturday, Sunday or any day which is a legal holiday.
(3) "Commissioner" is defined by
			 KRS
			 342.0011(9).
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:030 - Special fund and employer; joint liability

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.120,
				342.316
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260(1) authorizes the
				executive director to promulgate administrative regulations to administer KRS
				Chapter 342.
				KRS
				342.120(2) specifically
				provides that the Special Fund shall not have liability upon any claim in which
				the injury occurred, or for cumulative trauma, the disability became manifest,
				or, for occupational disease, if the date of injury or last exposure occurred,
				after December 12, 1996. However, prior to December 12, 1996, the Special Fund
				could be named as a party and be held liable for claims that met the
				requirements of
				KRS
				342.120. Prior to July 15, 1982,
				KRS
				342.120(4) provided for
				compensation to be paid directly to the employee by the carrier or self-insured
				employer with reimbursement from the Special Fund on a quarterly basis. This
				administrative regulation establishes the methods of reimbursement for
				compensation paid when an employer and the Special Fund are jointly
				liable.
Section 1. Reimbursement of
			 Carriers and Self-insured Employers by Special Fund.
(1) Each insurance carrier and self-insured
			 employer applying for reimbursement by the Special Fund under the provisions of
			 KRS
			 342.120 shall furnish the Division of
			 Workers' Compensation Funds quarterly a statement using the "Request for
			 Reimbursement Form Special Fund" form, showing:
(a) The name of the employee;
(b) The amount of compensation paid the
			 employee; and
(c) The periods for
			 which the compensation has been paid.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:040 - Average weekly wage certification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.143
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.143 requires that the average weekly wage
				of the state be certified to the Executive Director of the Office of Workers'
				Claims by the Executive Director of the Office of Employment and Training in
				the Department for Workforce Investment, Education Cabinet, in a manner
				prescribed by the Executive Director of the Office of Workers' Claims by
				administrative regulation. The function of this administrative regulation is to
				prescribe this manner.
Section 1.
			 Certification of Average Weekly Wage of the State.
(1) On or before September 1 of each year,
			 the Executive Director of the Office of Employment and Training in the
			 Department for Workforce Investment, Education Cabinet shall certify to the
			 Executive Director of the Office of Worker's Claims the "average weekly wage of
			 the state" for the preceding calendar year, pursuant to
			 KRS
			 342.143.
(2)
(a)
			 This certification shall include the mathematical calculation used in
			 determining the average weekly wage in accordance with
			 KRS
			 342.143; and
(b) The average weekly wage shall be
			 certified in writing and mailed to the Executive Director of the Office of
			 Workers' Claims.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:070 - Charges for attorneys

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.320
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260 requires the Commissioner to
				promulgate administrative regulations as he considers necessary to carry on the
				work of the department and for carrying out the provisions of KRS Chapter 342.
				For injuries occurring or disabilities arising on or after July 15, 1982 and
				prior to April 4, 1994,
				KRS
				342.320 requires an administrative law judge
				to approve the payment of the attorney's fee in any case involving benefits
				under KRS Chapter 342 and to commute the final payments of benefits payable
				under the award to a lump sum for that purpose. KRS Chapter 342.120, as
				effective prior to April 4, 1994, provided the method by which an employer or
				its insurance carrier and the Special Fund shared liability for awards for
				injuries occurring and disabilities arising on or after July 15, 1982, and
				prior to April 4, 1994. This administrative regulation establishes a mechanism
				for crediting the above referenced parties for the payment of attorneys' fees
				in these cases.
Section 1. Credit for
			 Lump Sum Payment of Charges by Attorneys. A party defendant shall be entitled,
			 without further order of the administrative law judge, to credit for the lump
			 sum value of any attorney's fee paid. The procedure for payment of attorney
			 fees and the impact of such payment on weekly benefits shall be as follows:
(1) The Labor Cabinet, Department of Workers'
			 Claims, Division of the Workers' Compensation Funds, shall calculate the credit
			 for attorney's fee as follows:
(a) Number of
			 weeks as awarded due in future (do not include payments payable prior to
			 attorney fee award) = X weeks.
(b)
			 Obtain a lump sum of X (X weeks on lump sum table) = Y weeks.
(c) Divide amount of attorney fee by amount
			 due per week = Z weeks.
(d) Y weeks
			 minus Z weeks = A weeks.
(e) Look
			 in table on lump sum and find A weeks in the Present Work column of the chart
			 and then take the figure in the weeks column of the chart = B weeks, the total
			 number of weeks of actual remaining award payments by parties defendant before
			 the credit causes cessation of award payment checks.
(f) X minus B = C weeks, the number of weeks
			 of benefit cessation required to equal the statutory credit.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:075 - Attorney fee discount

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 342
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260 requires the Commissioner of the
				Department of Workers' Claims to promulgate administrative regulations as he
				considers necessary to carry on the work of the department and the work of the
				administrative law judges.
				KRS
				342.320 requires the administrative law
				judges to approve the payment of the attorney's fee in any case involving
				benefits under KRS Chapter 342, and
				KRS
				342.120, as effective between April 4, 1994
				and December 12, 1996, provides the method by which an employer or its
				insurance carrier and the Special Fund share liabilities for awards or injuries
				occurring after April 4, 1994. This administrative regulation establishes a
				mechanism for crediting the employer, the employer's insurance carrier, and the
				Special Fund for the payment of attorneys' fees for injuries occurring and
				disabilities arising after April 4, 1994, and prior to December 12, 1996, when
				the claimant elects to repay an attorney's fee through the reduction of weekly
				benefits.
Section 1. Employer's
			 Calculation. For injuries occurring and disabilities arising on or after April
			 4, 1994, and prior to December 12, 1996, the employer or the insurance carrier
			 making payment on behalf of the employer shall be entitled to credit for the
			 lump sum value of any attorney's fee paid. The following formula shall be used:
(1) Employer weeks awarded - weeks paid = R
			 weeks.
(2) R weeks = P weeks
			 (present worth).
(3) Employer share
			 of attorney fee divided by P weeks = Y rate.
(4) Weekly rate -Y rate = Employer reduced
			 rate.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:089 - Workers' compensation medical fee schedule for physicians

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 342.0011(32), 342.019, 342.020, 342.035
NECESSITY, FUNCTION, AND CONFORMITY: KRS 342.035(1) requires
				the commissioner of the Department of Workers' Claims to promulgate
				administrative regulations to ensure that all fees, charges, and reimbursements
				for medical services under KRS Chapter 342 are limited to charges that are
				fair, current, and reasonable for similar treatment of injured persons in the
				same community for like services, where treatment is paid for by general health
				insurers. KRS 342.035(4) requires the commissioner to promulgate an
				administrative regulation establishing the workers' compensation medical fee
				schedule for physicians. Pursuant to KRS 342.035 requires a schedule of fees to
				be reviewed and updated, if appropriate, every two (2) years on July 1. This
				administrative regulation establishes the medical fee schedule for
				physicians.
Section 1. Definitions.
(1) "Medical fee schedule" means the 2024
			 Kentucky Workers' Compensation Schedule of Fees for Physicians.
(2) "Physician" is defined by KRS 342.0011(32).
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:089 - Workers' compensation medical fee schedule for physicians

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.0011(32),
				342.019,
				342.020,
				342.035
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.035(1) requires the
				commissioner of the Department of Workers' Claims to promulgate administrative
				regulations to ensure that all fees, charges, and reimbursements for medical
				services under KRS Chapter 342 are limited to charges that are fair, current,
				and reasonable for similar treatment of injured persons in the same community
				for like services, where treatment is paid for by general health insurers.
				KRS
				342.035(4) requires the
				commissioner to promulgate an administrative regulation establishing the
				workers' compensation medical fee schedule for physicians.
				KRS
				342.035 requires a schedule of fees to be
				reviewed and updated, if appropriate, every two (2) years on July 1. This
				administrative regulation establishes the medical fee schedule for
				physicians.
Section 1. Definitions.
(1) "Medical fee schedule" means the 2022
			 Kentucky Workers' Compensation Schedule of Fees for Physicians.
(2) "Physician" is defined by
			 KRS
			 342.0011(32).
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:091 - Workers' compensation hospital fee schedule

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				216B.105,
				342.020,
				342.035,
				342.315
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.035(1) and
				342.260(1)
				require the Commissioner of the Department of Workers' Claims to promulgate
				administrative regulations to adopt a medical fee schedule for fees, charges
				and reimbursements under
				KRS
				342.020.
				KRS
				342.020 requires the employer to pay for
				hospital treatment, including nursing, medical, and surgical supplies and
				appliances. This administrative regulation establishes hospital fees for
				services and supplies provided to workers' compensation patients pursuant to
				KRS
				342.020.
Section
			 1. Definitions.
(1) "Ambulatory
			 surgery center" means a public or private institution that is:
(a) Hospital based or freestanding;
(b) Operated under the supervision of an
			 organized medical staff; and
(c)
			 Established, equipped, and operated primarily for the purpose of treatment of
			 patients by surgery, whose recovery under normal circumstances will not require
			 inpatient care.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:092 - Workers' compensation pharmacy fee schedule

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 342
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.035 requires the commissioner to
				promulgate administrative regulations to establish a schedule of fees for the
				purpose of ensuring that all fees, charges, and reimbursements under
				KRS
				342.020 shall be fair, current, reasonable,
				and limited to that paid for similar treatment of other patients in the same
				community.
				KRS
				342.035(1) authorizes the
				commissioner to consider the increased security of payment afforded by KRS
				Chapter 342 in determining what constitutes a reasonable fee.
				KRS
				342.735 requires the commissioner to
				establish administrative regulations to expedite the payment of medical expense
				benefits. This administrative regulation establishes charges for
				pharmaceuticals provided pursuant to
				KRS
				342.020 and expedites the payment of this
				class of medical expense benefits.
Section
			 1. Definitions.
(1) "Brand drug"
			 means a drug product identified as a brand by Medi-span or any other drug
			 product commercially available from only one (1) source.
(2) "Compound" is defined by
			 803 KAR
			 25:270, Section 1(3).
(3) "Equivalent drug product" is defined by
			 KRS
			 217.814(5).
(4) "Generic drug" means a drug that is not a
			 brand drug..
(5) "Hospital" is
			 defined by
			 803 KAR
			 25:091, Section 1(1).
(6) "Medical payment obligor" is defined by
			 803 KAR
			 25:260, Section 1(10).
(7) "Medical provider" is defined by 803 KAR
			 25:260(11).
(8) "NDC number" means
			 the unique eleven (11) digit, three (3) segment, number assigned to a drug
			 product and maintained in the NDC Directory published by the U.S. Food and Drug
			 Administration.
(9) "Pharmacist" is
			 defined by
			 803 KAR
			 25:270, Section 1(15).
(10) "Pharmacy benefit manager" means an
			 entity licensed pursuant to
			 KRS
			 304.9-053 that, on behalf of a medical
			 payment obligor:
(a) Contracts directly or
			 indirectly with pharmacies to provide prescription drugs to
			 individuals;
(b) Administers a
			 prescription drug benefit;
(c)
			 Processes or pays pharmacy claims;
(d) Makes or assists in making prior
			 authorization determinations on prescription drugs; or
(e) Establishes a pharmacy network.
(11) "Prescription drug" is
			 defined by
			 803 KAR
			 25:270, Section 1(18).
(12) "Repackage" means the act of taking a
			 finished drug product from the container in which it was distributed by the
			 original manufacturer and placing it into a different container without further
			 manipulation of the drug.
(13)
			 "Usual and customary" means the charge a provider would apply to an otherwise
			 uninsured patient.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:096 - Selection of physicians, treatment plans and statements for medical services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 342
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260 requires the Commissioner of the
				Department of Workers' Claims to promulgate administrative regulations
				necessary to carry on the work of the department under KRS Chapter 342.
				KRS
				342.735 requires the commissioner to
				promulgate administrative regulations to expedite the payment of medical
				expense benefits. This administrative regulation regulates the selection of
				physicians and provides for treatment plans under KRS Chapter 342 in order to
				assure high quality medical care at a reasonable cost.
Section 1. Definitions.
(1) "Designated physician" means the
			 physician selected by the employee for treatment pursuant to
			 KRS
			 342.020(4).
(2) "Emergency care" means:
(a) Medical services required for the
			 immediate diagnosis or treatment of a medical condition that if not immediately
			 diagnosed or treated could lead to a serious physical or mental disability or
			 death; or
(b) Medical services
			 which are immediately necessary to alleviate severe pain.
(3) "Long-term medical care" means:
(a) Medical treatment or medical
			 rehabilitation that is reasonably projected to require a regimen of medical
			 care for a period extending beyond ninety (90) days;
(b) Medical treatment that continues for a
			 period of more than ninety (90) days; or
(c) Medical treatment including the
			 recommendation that the employee not engage in the performance of the
			 employee's usual work for a period of more than sixty (60) days.
(4) "Physician" is defined in
			 KRS
			 342.0011(32).
(5) "Statement for services" means:
(a) For a nonpharmaceutical bill, a completed
			 Form HCFA 1500, or for a hospital, a completed Form UB-92, with an attached
			 copy of legible treatment notes, hospital admission and discharge summary, or
			 other supporting documentation for the billed medical treatment, procedure, or
			 hospitalization; and
(b) For a
			 pharmaceutical bill, a bill containing the identity of the prescribed
			 medication, the number of units prescribed, the date of the prescription, and
			 the name of the prescribing physician.
(6) "Treatment plan" means a written plan
			 that:
(a) May consist of copies of charts,
			 consultation reports or other written documents maintained by the employee's
			 designated physician discussing symptoms, clinical findings, results of
			 diagnostic studies, diagnosis, prognosis, and the objectives, modalities,
			 frequency, and duration of treatment;
(b) Shall include, as appropriate, details of
			 the course of ongoing and recommended treatment and the projected results;
			 and
(c) May be amended,
			 supplemented or changed as conditions warrant.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:101 - Provision of workers' compensation rehabilitation services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.710
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260(1) requires the
				Office of Workers' Claims to promulgate administrative regulations to carry out
				its work and the work of the administrative law judges.
				KRS
				342.710(3) requires
				rehabilitation services for an employee who has suffered an injury covered by
				KRS Chapter 342. This administrative regulation establishes requirements for
				the provision of rehabilitation services pursuant to
				KRS
				342.260 and
				342.710.
Section 1. Definitions.
(1) "Administrative law judge" means an
			 individual appointed pursuant to
			 KRS
			 342.230(3).
(2) "Commission on Accreditation of
			 Rehabilitation Facilities" or "CARF" means the national organization which
			 accredits rehabilitation facilities.
(3) "Directory of Qualified Rehabilitation
			 Facilities" means the directory of facilities in Kentucky:
(a) Which are licensed pursuant to KRS
			 Chapter 216B; and
(b)
1. Which are accredited by CARF in either
			 comprehensive inpatient rehabilitation or outpatient medical rehabilitation;
			 or
2. Whose application for
			 accreditation is pending.
(4) "Directory of Vocational Evaluation
			 Facilities" means the directory of facilities in Kentucky which are:
(a) Accredited by CARF in the area of
			 comprehensive vocational evaluation services; or
(b) Assessment centers operated by the
			 Department for Technical Education.
(5) "Medical rehabilitation services" means
			 those medically oriented services beyond basic medical surgical and hospital
			 treatment which are necessary for the accomplishment of feasible, practical,
			 and justifiable physical rehabilitation goals.
(6) "Rehabilitation services" means both
			 medical rehabilitation services and vocational rehabilitation services provided
			 pursuant to
			 KRS
			 342.710.
(7) "Vocational evaluation" means a
			 comprehensive process which utilizes a combination of structured interviews and
			 testing.
(8) "Vocational
			 rehabilitation services" means those vocationally related services which are
			 necessary to restore an injured employee to suitable employment.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:110 - Workers' compensation managed health care plans

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.0011(32),
				342.020,
				342.035,
				342.735
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260(1) requires the
				Executive Director of the Office of Workers' Claims to promulgate
				administrative regulations necessary to carry on the work of the office under
				KRS Chapter 342.
				KRS
				342.020(3) requires a
				managed health care system to file with the Office a plan for the rendition of
				health care services for work-related injuries and occupational diseases to be
				approved pursuant to administrative regulations promulgated by the executive
				director. The purpose of this administrative regulation is to establish
				procedures and standards for certification of workers' compensation managed
				health care system health care plans pursuant to
				KRS
				342.020.
Section
			 1. Definitions.
(1) "Executive
			 director" is defined by
			 KRS
			 342.0011(9).
(2) "Emergency care" means:
(a) Medical services required for the
			 immediate diagnosis or treatment of a medical condition that if not immediately
			 diagnosed or treated could lead to serious physical or mental disability or
			 death; or
(b) Medical services that
			 are immediately necessary to alleviate severe pain. "Emergency care" does not
			 include follow-up care, except when immediate care is required to avoid serious
			 disability or death.
(3)
			 "Gatekeeper physician" means any qualified physician, as defined by
			 KRS
			 342.0011(32), acting within
			 the scope of his or her license who has been specifically designated by a
			 managed health care system to provide primary care to a patient and to make
			 referrals of patients to other providers for specialized care or diagnostic
			 services.
(4) "Managed care plan"
			 means a written plan describing the operations of a managed health care
			 system.
(5) "Provider" means any
			 person or entity licensed, certified, or registered to provide medical
			 services.
(6) "Revocation" means
			 the termination of a managed health care plan certificate to provide services
			 under the Kentucky Workers' Compensation Act prior to expiration of the
			 certificate.
(7) "Service area"
			 means a geographic area consisting of a county or group of counties of which no
			 county shall be subdivided.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:120 - Training or education programs eligible for retraining incentive benefits

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.040(3),
				342.732
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.732 requires the Executive Director of
				the Office of Workers' Claims to promulgate administrative regulations to
				approve bona fide training or education programs eligible to receive a maximum
				of $5,000 for standard instruction, tuition, material costs, and any fees
				necessary for the completion of the program. It also provides for attainment of
				GED and bonuses for completion of bona fide training and education programs.
				This administrative regulation establishes requirements for training or
				education programs eligible for retraining incentive benefits and
				bonuses.
Section 1. Definitions.
(1) "Bona Fide Training or Education Program"
			 means:
(a) Postsecondary education or training
			 program including a postsecondary program registered with the Kentucky Higher
			 Education Assistance Authority, which:
1. Can
			 be completed within the period benefits are payable under
			 KRS
			 342.732; and
2. If successfully completed, will qualify
			 the person for a trade, occupation, or profession; or
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:125 - Computation of attorney fee in award of retraining incentive benefits pursuant to KRS 342.732(1)(a) and interim attorney fee motions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.040,
				342.320,
				342.732(1)(a)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260(1) requires the
				executive director to promulgate administrative regulations necessary to
				implement the provisions of KRS Chapter 342.
				KRS
				342.270(3) requires that the
				executive director promulgate an administrative regulation to establish
				procedures for the resolution of claims.
				KRS
				342.732 and
				342.792
				set forth the requirements for retraining incentive benefits. This
				administrative regulation establishes requirements for computing attorney's fee
				awards for claims for retraining incentive benefits in order to assist with the
				claims process and allow claimants to obtain appropriate legal assistance from
				an attorney.
Section 1.
(1) Awards for an attorney's fee involving
			 retraining incentive benefits shall be made in accordance with
			 KRS
			 342.320 and
			 342.040.
(2) If benefits are awarded for retraining
			 pursuant to
			 KRS
			 342.732(1)(a), an attorney
			 shall file a motion to request an attorney's fee.
(3) Interim attorney's fees shall only be
			 paid upon the review and order of an administrative law judge.
(4)
(a)
			 Interim attorney's fee motions shall be filed not less than six (6) months from
			 the time the claimant is enrolled in a bona fide retraining program or GED
			 program.
(b) Interim attorney's
			 fee motions may be filed:
1. At six (6) months
			 intervals following the first order for the interim attorney's fee;
2. At the completion of training;
			 or
3. Upon termination from the
			 program.
Kentucky Administrative Regulations › Title 803 - LABOR CABINET › Chapter 25 - Department of Workers' Claims › Section 803 KAR 25:130 - Notice of rejection of Workers' Compensation Act

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				342.395
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				342.260(1) requires the
				executive director to promulgate administrative regulations necessary to carry
				out the work of the office.
				KRS
				342.395 requires an employer to file an
				employee's notice of rejection of workers' compensation with the office. This
				administrative regulation establishes the procedures for filing the rejection
				notice, the form of the rejection notice, and the withdrawal of the rejection
				notice.
Section 1.
(1) If an employee chooses to reject the
			 provisions of KRS Chapter 342, the employee shall file a Form No. 4, Employee's
			 Notice of Rejection of Workers' Compensation Act with his employer.
(2) The notice shall:
(a) Be on an original form obtained from the
			 Office of Workers' Claims;
(b)
			 Contain the following information:
1. Employer
			 data;
2. Employee data;
3. Employer's Workers' Compensation Insurance
			 data;
4. Employee's notarized
			 signature; and
5. Employer's
			 acknowledgment of receipt and filing with the Office of Workers' Claims;
			 and
(c) Be effective
			 when the office has received the fully completed Form No. 4.
(3) The employer shall file each
			 Form No. 4 with the office immediately upon receipt of the form from the
			 employee.
(4) Each employer shall:
(a) Keep on file a copy of each Form No. 4
			 signed by a current employee; and
(b) Make those records available for
			 inspection upon request by a representative of the office.
(5) The office shall reject a filing which
			 is:
(a) A photocopy;
(b) A facsimile;
(c) Not on an original Form No. 4 obtained
			 from the office.