KRS 342.120: Division of Workers' Compensation Funds -- Fund's liability for claims

occurring after December 12, 1996 -- Payment of settlements for income

benefits -- Transfer of responsibilities from division to Kentucky Employers'

Mutual Insurance Authority.

(1) There is created the Division of Workers' Compensation Funds in the Department

of Workers' Claims that shall be responsible for the administration of the special

fund and the coal workers' pneumoconiosis fund and the maintenance of records

regarding the payment of claims by these funds. The Division of Workers'

Compensation Funds shall have no responsibility for the coal workers'

pneumoconiosis fund once the assets and liabilities have been transferred to the

Kentucky Employers' Mutual Insurance Autho rity, which will administer the fund

pursuant to KRS 342.1243. The Division of Workers' Compensation Funds shall be

headed by a director appointed by the commissioner, with the prior written approval

of the Governor pursuant to KRS 12.050. The director sha ll be responsible for

overseeing the administration of the funds and the maintenance of records regarding

the payment of claims by the funds.

(2) The special fund shall have no 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.

(3) Where the employer has settled its liability for income benefits and thereafter a

determination has been made of t he special fund's liability, the special fund portion

of the benefit rate shall be paid over the maximum period provided for by statute

for that disability, with the period of payment beginning on the date settlement was

approved by an administrative law judge. This provision is remedial and shall apply

to all pending and future claims.