House Bill 2

Actions | Amendments
Last Action signed by Governor (Acts, ch. 40)
Title AN ACT relating to workers' compensation.
Bill Documents Current/Final
Introduced
Impact Statements Local Mandate
Bill Request Number 244
Sponsors A. Koenig, B. Rowland, M. Castlen, J. DeCesare, T. Herald, R. Mills, D. Osborne, D. St. Onge, S. Wells, A. Wuchner
Summary of Original Version Amend KRS 342.020 to limit the time period of payment of medical expenses for certain permanent partial disabilities to 780 weeks but provide a mechanism to apply for extended benefits; limit the number of drug screens for which the employer will be liable; amend KRS 342.035 to specify circumstances upon which utilization review can be waived; mandate promulgation of treatment guidelines and a pharmaceutical formulary; clarify that a fee shall not be charged when an injured worker requests the initial copy of medical records; amend KRS 342.040 to indicate that interest will not accrue when the delay in payment of benefits was caused by the employee; amend KRS 342.125 to clarify that the four-year period in which to reopen a claim begins on the date of the original order granting or denying benefits and that subsequent orders granting or denying benefits shall not be considered an original order; amend KRS 342.185 to indicate that an application for adjustment of claim for compensation for a cumulative trauma injury must be made within five years of the last injurious exposure to the cumulative trauma; amend KRS 342.270 to require commissioner of Department of Workers' Claims to promulgate regulations establishing procedures for resolution of claims; amend KRS 342.315 to include pulmonary specialist as an examiner; amend KRS 342.316 to change procedure for filing occupational disease claims; amend KRS 342.320 to change calculation of attorney fees and increase limitation on amount of fees; amend KRS 342.610 to indicate that the employee must show that the voluntary introduction of a substance into his or her body that causes a disturbance of mental or physical capacities was not the proximate cause of his or her injury; amend KRS 342.700 to allow the recovery in subrogation of indemnity and medical expenses paid to or on behalf of the employee, less a pro rata share of the employee's legal expenses; amend KRS 342.730 to increase average weekly wage caps; set time limits for total disability benefits paid to certain professional athletes; allow payment of temporary total disability benefits to be offset by gross income minus applicable taxes paid to an employee during a period of light-duty work or work in an alternative job position; provide an offset against temporary total disability benefits for salary continuation or wholly employer-funded disability retirement plans; indicate that benefits shall terminate when a plaintiff reaches age 67 or two years after the date of injury, whichever shall last occur; amend KRS 342.7305 to require employment for a minimum of one year in order to be the responsible employer in a hearing loss claim; amend KRS 342.732 to set forth parameters for retraining; delete provisions of KRS 342.792 requiring the commissioner of Department of Workers' Claims to adopt regulations regarding the "B" reader process; amend KRS 342.794 to require commissioner of Department of Workers' Claims to maintain a list of "B" readers who are pulmonary specialists; amend KRS 342.990 to conform; specify the applicability of substantive changes to claims arising on or after effective date of Act and remedial changes to all claims irrespective of injury date.
Index Headings of Original Version Labor and Industry - Workers' compensation, medical and income benefits and procedural changes
Personnel and Employment - Workers' compensation, medical and income benefits and procedural changes
Workers' Compensation - Benefits, changes to medical and income benefits and other procedural changes
Local Mandate - Workers' compensation, medical and income benefits and procedural changes
Proposed Amendments House Floor Amendment 1
House Floor Amendment 2
House Floor Amendment 3
Senate Committee Substitute 1
Senate Floor Amendment 1
Senate Floor Amendment 2
Votes Vote History

Actions

Top | Amendments
02/12/18
  • introduced in House
02/13/18
  • to Economic Development & Workforce Investment (H)
  • posted in committee
02/15/18
  • reported favorably, 1st reading, to Calendar
02/16/18
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Tuesday, February 20, 2018
  • floor amendment (1) filed
02/20/18
  • 3rd reading
  • returned to the Orders of the Day
  • floor amendments (2) and (3) filed
02/21/18
  • floor amendment (1) defeated
  • passed 55-39 with floor amendment (2)
02/22/18
  • received in Senate
03/05/18
  • to State & Local Government (S)
03/19/18
  • taken from State & Local Government (S)
  • 1st reading
  • returned to State & Local Government (S)
03/20/18
  • taken from State & Local Government (S)
  • 2nd reading
  • returned to State & Local Government (S)
03/21/18
  • reported favorably, to Rules with Committee Substitute (1)
  • floor amendment (1) and (2) filed to Committee Substitute
03/22/18
  • posted for passage in the Regular Orders of the Day for Thursday, March 22, 2018
  • 3rd reading
  • floor amendment (2) defeated
  • passed 23-14 with Committee Substitutes (1) floor amendment (1)
  • received in House
  • to Rules (H)
03/27/18
  • taken from Rules (H)
  • posted for passage for concurrence in Senate Committee Substitute and floor amendment (1)
  • House concurred in Senate Committee Substitute and floor amendment (1)
  • passed 55-39
03/29/18
  • enrolled, signed by Speaker of the House
  • enrolled, signed by President of the Senate
  • delivered to Governor
03/30/18
  • signed by Governor (Acts, ch. 40)

Proposed Amendments

Top | Actions
Amendment House Floor Amendment 1
Piggyback? Yes
Sponsor J. York
Summary Delete original provisions; amend KRS 342.0011 to clarify definition of injury to include psychological injuries for certain employees and define "temporary partial disability"; amend KRS 342.020 to allow for attorney fees in medical disputes; amend KRS 342.035 to set forth certain exceptions to utilization review; amend KRS 342.040 and KRS 342.125 to conform; amend KRS 342.320 to increase amount of attorney fees; amend KRS 342.730 to increase cap on income benefits and increase statutory factors for certain permanent impairment; create a new section of KRS Chapter 342 to set out when the psychological injuries are valid workers' compensation claims when no physical injury exists.
Index Headings Labor and Industry - Workers' compensation, medical and income benefits and procedural changes
Personnel and Employment - Workers' compensation, medical and income benefits and procedural changes
Workers' Compensation - Benefits, changes to medical and income benefits and other procedural changes
Local Mandate - Workers' compensation, medical and income benefits and procedural changes

Amendment House Floor Amendment 2
Sponsor A. Koenig
Summary Amend to indicate that a determination that medical benefits should extend beyond the 780 week period is not limited to an extension of only 104 weeks; amend to indicate that a cancer specified in KRS 61.315(11)(b) shall have a 20 year limitations period.
Index Headings Labor and Industry - Workers' compensation, medical and income benefits and procedural changes
Personnel and Employment - Workers' compensation, medical and income benefits and procedural changes
Workers' Compensation - Benefits, changes to medical and income benefits and other procedural changes
Local Mandate - Workers' compensation, medical and income benefits and procedural changes

Amendment House Floor Amendment 3
Sponsor J. York
Summary Delete original provisions; amend KRS 342.0011 to define "temporary partial disability"; amend KRS 342.020 to allow for attorney fees in medical disputes; amend KRS 342.035 to set forth certain exceptions to utilization review; amend KRS 342.040 and KRS 342.125 to conform; amend KRS 342.316 to indicate that certain types of cancer specified in KRS 61.315(11)(b) shall have a 20 year limitations period; amend KRS 342.320 to increase amount of attorney fees; amend KRS 342.730 to increase cap on income benefits and increase statutory factors for certain permanent impairment.
Index Headings Labor and Industry - Workers' compensation, medical and income benefits and procedural changes
Personnel and Employment - Workers' compensation, medical and income benefits and procedural changes
Workers' Compensation - Benefits, changes to medical and income benefits and other procedural changes
Local Mandate - Workers' compensation, medical and income benefits and procedural changes

Amendment Senate Committee Substitute 1
Impact Statements Local Mandate
Summary Retain original provisions, except include additional conditions to provisions setting forth injuries due to amputation; provide that employers may request additional urine drug screens beyond proscribed maximum amounts; clarify time periods in which notice must be given and application for benefits filed for cumulative trauma claims; amend KRS 342.265 to specify a higher discount rate for lump sum settlements of awards in excess of forty dollars per week; eliminate provision setting a one year minimum employment with an employer for liability for occupational disease claims; eliminate provision requiring physician to certify that a claimant's breathing test was invalid in order to suspend benefits; make technical changes to provisions dealing with compensability of claim when the employee introduces illegal substances into his or her body; amend provisions to increase age in which income benefits shall terminate to 70 years old, or two years after the date of injury or last exposure, whichever shall last occur; clarify that offset for payments made under disability plans, disability retirement plans, and sickness and accident plans only pertains to exclusively employer-funded plans; clarify that the Commissioner shall maintain a list of "B" readers who are board-certified pulmonary specialists to perform examinations pursuant to KRS 342.316; and make technical changes to provisions designating effective date of certain sections of the Act.
Index Headings Labor and Industry - Workers' compensation, medical and income benefits and procedural changes
Personnel and Employment - Workers' compensation, medical and income benefits and procedural changes
Workers' Compensation - Benefits, changes to medical and income benefits and other procedural changes
Local Mandate - Workers' compensation, medical and income benefits and procedural changes

Amendment Senate Floor Amendment 1
Sponsor R. Stivers II
Summary Retain original provisions; specify when the permanent partial benefits are extended; and change the time period when benefits shall terminate from when a plaintiff reaches age 70 or two years after the date of injury, whichever shall last occur, to when a plaintiff reaches age 70 or four years after the date of injury, whichever shall last occur.
Index Headings Labor and Industry - Workers' compensation, medical and income benefits and procedural changes
Personnel and Employment - Workers' compensation, medical and income benefits and procedural changes
Workers' Compensation - Benefits, changes to medical and income benefits and other procedural changes
Local Mandate - Workers' compensation, medical and income benefits and procedural changes

Amendment Senate Floor Amendment 2
Sponsor M. McGarvey
Summary Delete the original provisions and amend KRS 342.0011 removing the requirement that an injury must be the direct result of a physical injury; amend KRS 342.020 to require that an attorney fee for medical fee disputes; amend KRS 342.035 to require that if the parties agree uitlization review is not necessary and fees for medical records; amend KRS 342.040 to require that no interest be paid if the employee is responsible for the delay; amend KRS 342.185 concerning cumulative trauma; amend KRS 342.320 to increase the maximum attorney fees; amend KRS 342.700 regarding subrogation against third parties; and amend KRS 342.730 to increase income benefits, increase the time for compensation from age 67 or 2 years from the injury to age 70 or 5 years after an injury, establish an offset against an employee returning for light duty, and establish when a professional athlete is eligible for compensation.
Index Headings Labor and Industry - Workers' compensation, medical and income benefits and procedural changes
Personnel and Employment - Workers' compensation, medical and income benefits and procedural changes
Workers' Compensation - Benefits, changes to medical and income benefits and other procedural changes
Local Mandate - Workers' compensation, medical and income benefits and procedural changes

Last updated: 1/16/2019 3:00 PM (EST)