98RS HB735


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HB 735 (BR 1775) - J. Gray, J. Gooch, J. Jenkins, J. Vincent

     AN ACT relating to workers' compensation.
     Amend KRS 342.732 to increase each factor used in the AMA (American Medical Association) Impairment Model by .50.


     HFA (1, B. Heleringer) - Increase attorney fee up to arbitrator level from $2,000 to $5,000 and delete approval requirement for a fee of $1,000 or less.
     HFA (2, H. Deskins Jr) - Amend KRS 342.730 to allow administrative law judge to increase or decrease the factor used to calculate disability by 0.75 for permanent partial disability; allows administrative law judge to use discretion to determine disabilities not addressed by "Guides to the Evaluation of Permanent Impairment," American Medical Association, by using other standardized guides for permanent partial disability.
     HFA (3, H. Deskins Jr) - Amend KRS 342.315 to delete presumptive weight requirement for medical evaluations.
     HFA (4, H. Deskins Jr) - Amend KRS 342.267 to preserve an employee's right to bring a cause of action against a carrier or self-insured employer.
     HFA (5, H. Deskins Jr) - Delete reduction of permanent partial disability benefits when an employee returns to work at a wage equal to or greater than the wage earned at the time of injury.
     HFA (6, H. Deskins Jr) - Increase reopening period from 4 years to 520 weeks, or, except in situations involving surgical intervention, within one year of the award or order, or within one year of a previous motion to reopen.
     HFA (7, H. Deskins Jr) - Delete exemption for effects of the natural aging process from the definition of injury.
     HFA (8, H. Deskins Jr) - Amend KRS 342.732 to revise black lung benefit structure.
     HFA (9, H. Deskins Jr) - Amend KRS 342.730 to delete requirements in subsection (4) that workers' compensation income benefits terminate when an injured employee qualifies for normal old age social security retirement benefits, or two years after the employee's injury or last exposure, whichever occurs last.
     HFA (10, J. Gray) - Amend KRS 342.0011 to redefine "temporary total disability" to mean an injured employee's condition, when he or she has not reached maximum medical improvement or is able to return to his or her usual and customary employment; redefine "permanent partial disability" to mean an injured employee's condition, when he or she has a permanent disability rating, but is able to engage in substantial gainful employment; redefine "permanent total disability" to mean the condition of an injured employee when he or she has a permanent disability and is unable to perform any type of substantial gainful employment; and require the irrebuttable presumption of total disability for an injury resulting in an incurable psychiatric or psychological disease or disorder as defined by the latest edition of the American Medical Association's "Guides to Evaluation of Permanent Impairment."
     HFA (11, B. Yonts) - Amend KRS 342.267 to provide civil remedies for workers' compensation unfair claims practices.

     Feb 25-introduced in House
     Feb 26-to Labor and Industry (H)
     Mar 3-posted in committee
     Mar 13-reported favorably, 1st reading, to Calendar; floor amendments (1) (2) (3) (4) (5) (6) (7) (8) (9) and (10) filed
     Mar 16-2nd reading, to Rules; floor amendment (11) filed
     Mar 20-recommitted to Appropriations and Revenue (H)

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