Kentucky HB 2: AN ACT relating to workers' compensation. 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.

Status: Signed by Governor (Acts, ch. 40) (as of 2018-03-30)

State: Kentucky · Session: 2018RS · Bill: HB 2

Sponsors: A. Koenig, A. Wuchner, B. Rowland, D. Osborne, D. St. Onge, J. DeCesare, M. Castlen, R. Mills, S. Wells, T. Herald

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