KRS 342.710: Rehabilitation rights, duties, and procedures -- Acceleration of

benefits.

(1) One of the primary purposes of this chapter shall be restoration of the injured

employee to gainful employment, and preference shall be given to returning the

employee to employment with the same employer or to the same or similar

employment.

(2) The commissioner shall continuously study the problems of rehabilitation, both

physical and vocational, and shall investigate and maintain a directory of all

rehabilitation facilities, both private and public.

(3) An employee who has suffered an injury covered by this chapter shall be

entitled to prompt medical rehabilitation services for whatever period of time is

necessary to accomplish physical rehabilitation goals which are feasible,

practical, and justifiable. When as a result of the injury he or she is unable to

perform work for which he or she has previous training or experience, he or she

shall be entitled to such vocational rehabilitation services, including retraining

and job placement, as may be reasonably necessary to restore him or her to

suitable employment. In all such instances, the administrative law judge shall

inquire whether such services have been voluntarily offered and accepted. The

administrative law judge on his or her own motion, or upon application of any

party or carrier, after affording the parties an opportunity to be heard, may refer

the employee to a qualified physician or facility for evaluation of the

practicability of, need for, and kind of service, treatment, or training necessary

and appropriate to render him or her fit for a remunerative occupation. Upon

receipt of such report, the administrative law judge may order that the services

and treatment recommended in the report, or such other rehabilitation

treatment or service likely to return the employee to suitable, gainful

employment, be provided at the expense of the employer or its insurance

carrier. Vocational rehabilitation training, treatment, or service shall not extend

for a period of more than fifty-two (52) weeks, except in unusual cases when by

special order of the administrative law judge, after hearing and upon a finding,

determined by sound medical evidence which indicates such further

rehabilitation is feasible, practical, and justifiable, the period may be extended

for additional periods.

(4) Where rehabilitation requires residence at or near the facility or institution,

away from the employee's customary residence, reasonable cost of his or her

board, lodging, or travel shall be paid for by the employer or its insurance

carrier.

(5) Refusal to accept rehabilitation pursuant to an order of an administrative law

judge shall result in a fifty percent (50%) loss of compensation for each week of

the period of refusal.

(6) The commissioner shall cooperate on a reciprocal basis with the Office of

Vocational Rehabilitation and the Department of Workforce Development of the

Education and Labor Cabinet. In the event medical treatment, medical

rehabilitation services, or vocational rehabilitation services are purchased for

an injured employee by the Office of Vocational Rehabilitation or Department of

Workforce Development following the refusal by the employer or its insurance

carrier to provide such services, the administrative law judge, after affording the

parties an opportunity to be heard, may order reimbursement of the cost of

such treatment or services by the employer or its insurance carrier as

apportioned in the award. This section shall not be interpreted to require

mandatory evaluation of employees based on length of disability. Any

administrative regulations promulgated pursuant to this section that require

mandatory referral to a qualified rehabilitation counselor shall expire on April 4,

1994.

(7) An employee who is enrolled and participating in a program of rehabilitation

training pursuant to this section may elect to receive an acceleration of benefits

as awarded under KRS 342.730. Such acceleration shall be available to the

employee during the period of retraining, but in no event shall be paid in a

weekly amount greater than sixty-six and two-thirds percent (66-2/3%) of the

average weekly wage upon which the award is based, not to exceed one

hundred percent (100%) of the state average weekly wage. Upon successful

completion of the rehabilitation program, the total of all accelerated benefits

paid shall be deducted on a dollar-for-dollar basis, without discount, from

weekly benefits otherwise due the employee subject to the maximum amount

of the award. Such remaining benefits, if any, shall then be divided by the

number of weeks remaining payable under the award, and that amount shall be

the weekly benefit due the employee. If a program of rehabilitation training is

terminated by the employee prior to completion, all sums paid on an

accelerated basis shall be discounted at the rate set forth in KRS 342.265 and

then deducted on a dollar-for-dollar basis from weekly benefits otherwise due

the employee subject to the maximum amount of the award. Such remaining

benefits, after the discount, shall be divided by the number of weeks remaining

payable under the award, and that amount shall be the weekly benefit due the

employee. In no event shall this subsection be construed as requiring payment

of benefits in excess of the total of those benefits which would otherwise be

payable under the award.