KRS 342.315: Medical evaluations by university medical schools and "B" readers --

Procedures -- Report -- Payment of costs -- Performance assessment of medical

schools -- Use of telehealth.

(1) For workers who have had injuries or occupational heari ng loss, the commissioner

shall contract with the University of Kentucky, the University of Louisville, and the

University of Pikeville medical schools to evaluate workers. For workers who have

become affected by occupational diseases, the commissioner sha ll contract with the

University of Kentucky, the University of Louisville, and the University of

Pikeville medical schools, or other physicians otherwise duly qualified as "B"

readers who are licensed in the Commonwealth and are board -certified pulmonary

specialists. Referral for evaluation may be made whenever a medical question is at

issue.

(2) The physicians and institutions performing evaluations pursuant to this section shall

render reports encompassing their findings and opinions in the form prescribe d by

the commissioner. Except as otherwise provided in KRS 342.316, the clinical

findings and opinions of the designated evaluator shall be afforded presumptive

weight by administrative law judges and the burden to overcome such findings and

opinions shall fall on the opponent of that evidence. When administrative law

judges reject the clinical findings and opinions of the designated evaluator, they

shall specifically state in the order the reasons for rejecting that evidence.

(3) The commissioner or an adm inistrative law judge may, upon the application of any

party or upon his own motion, direct appointment by the commissioner, pursuant to

subsection (1) of this section, of a medical evaluator to make any necessary medical

examination of the employee. Such medical evaluator shall file with the

commissioner within fifteen (15) days after such examination a written report. The

medical evaluator appointed may charge a reasonable fee not exceeding fees

established by the commissioner for those services.

(4) Within thirty (30) days of the receipt of a statement for the evaluation, the employer

or carrier shall pay the cost of the examination. Upon notice from the commissioner

that an evaluation has been scheduled, the insurance carrier shall forward within

seven ( 7) days to the employee the expenses of travel necessary to attend the

evaluation at a rate equal to that paid to state employees for travel by private

automobile while conducting state business.

(5) Upon claims in which it is finally determined that the i njured worker was not the

employee at the time of injury of an employer covered by this chapter, the special

fund shall reimburse the carrier for any evaluation performed pursuant to this

section for which the carrier has been erroneously compelled to make payment.

(6) Not less often than annually the designee of the secretary of the Cabinet for Health

and Family Services shall assess the performance of the medical schools and render

findings as to whether evaluations conducted under this section are being rendered

in a timely manner, whether examinations are conducted in accordance with

medically recognized techniques, whether impairment ratings are in conformity

with standards prescribed by the "Guides to the Evaluation of Permanent

Impairment," and whethe r coal workers' pneumoconiosis examinations are

conducted in accordance with the standards prescribed in this chapter.

(7) The General Assembly finds that good public policy mandates the realization of the

potential advantages, both economic and effectual, of the use of telehealth. The

commissioner may, to the extent that he or she finds it feasible and appropriate,

require the use of telehealth, as defined in KRS 211.332, in the independent medical

evaluation process required by this chapter.