KRS 342.730: Determination of income benefits for disability -- Survivors' rights --

Termination -- Offsets -- Notification of return to work -- Professional athletes.

(1) Except as provided in KRS 342.732, income benefits for disability shall be paid to

the employee as follows:

(a) For temporary or permanent total disability, sixty -six and two -thirds percent

(66-2/3%) of the employee's average weekly wage but not more than one

hundred ten percent (110%) of the state average weekly wage and not less

than twenty percent (20%) of the state average weekly wage as determined in

KRS 342.740 during that disability. Nonwork -related impairment and

conditions compensable under KRS 342.732 and hearing loss covered in KRS

342.7305 shall not be considered in determining whether the employee is

totally disabled for purposes of this subsection.

(b) For permanent partial disability, sixty-six and two-thirds percent (66-2/3%) of

the employee's average weekly wage but not more than eighty -two and one -

half percent (82.5%) of th e state average weekly wage as determined by KRS

342.740, multiplied by the permanent impairment rating caused by the injury

or occupational disease as determined by the "Guides to the Evaluation of

Permanent Impairment," times the factor set forth in the table that follows:

AMA Impairment Factor

0 to 5% 0.65

6 to 10% 0.85

11 to 15% 1.00

16 to 20% 1.00

21 to 25% 1.15

26 to 30% 1.35

31 to 35% 1.50

36% and above 1.70

Any temporary total disability p eriod within the maximum period for

permanent, partial disability benefits shall extend the maximum period but

shall not make payable a weekly benefit exceeding that determined in

subsection (1)(a) of this section. Notwithstanding any section of this chapt er

to the contrary, there shall be no minimum weekly income benefit for

permanent partial disability and medical benefits shall be paid for the duration

of the disability.

(c) 1. If, due to an injury, an employee does not retain the physical capacity to

return to the type of work that the employee performed at the time of

injury, the benefit for permanent partial disability shall be multiplied by

three (3) times the amount otherwise determined under paragraph (b) of

this subsection, but this provision shall not be construed so as to extend

the duration of payments; or

2. If an employee returns to work at a weekly wage equal to or greater than

the average weekly wage at the time of injury, the weekly benefit for

permanent partial disability shall be determined under paragraph (b) of

this subsection for each week during whic h that employment is

sustained. During any period of cessation of that employment, temporary

or permanent, for any reason, with or without cause, payment of weekly

benefits for permanent partial disability during the period of cessation

shall be two (2) times the amount otherwise payable under paragraph (b)

of this subsection. This provision shall not be construed so as to extend

the duration of payments.

3. Recognizing that limited education and advancing age impact an

employee's post -injury earning capaci ty, an education and age factor,

when applicable, shall be added to the income benefit multiplier set

forth in paragraph (c)1. of this subsection. If at the time of injury, the

employee had less than eight (8) years of formal education, the

multiplier shal l be increased by four -tenths (0.4); if the employee had

less than twelve (12) years of education or a high school Equivalency

diploma, the multiplier shall be increased by two -tenths (0.2); if the

employee was age sixty (60) or older, the multiplier shall be increased

by six-tenths (0.6); if the employee was age fifty -five (55) or older, the

multiplier shall be increased by four-tenths (0.4); or if the employee was

age fifty (50) or older, the multiplier shall be increased by two -tenths

(0.2).

4. Notwithstanding the provisions of KRS 342.125, a claim may be

reopened at any time during the period of permanent partial disability in

order to conform the award payments with the requirements of

subparagraph 2. of this paragraph.

(d) For permanent partial disabil ity, if an employee has a permanent disability

rating of fifty percent (50%) or less as a result of a work -related injury, the

compensable permanent partial disability period shall be four hundred twenty-

five (425) weeks, and if the permanent disability ra ting is greater than fifty

percent (50%), the compensable permanent partial disability period shall be

five hundred twenty (520) weeks from the date the impairment or disability

exceeding fifty percent (50%) arises. Benefits payable for permanent partial

disability shall not exceed ninety -nine percent (99%) of sixty -six and two -

thirds percent (66 -2/3%) of the employee's average weekly wage as

determined under KRS 342.740 and shall not exceed eighty -two and one-half

percent (82.5%) of the state average weekl y wage, except for benefits payable

pursuant to paragraph (c)1. of this subsection, which shall not exceed one

hundred ten percent (110%) of the state average weekly wage, nor shall

benefits for permanent partial disability be payable for a period exceeding five

hundred twenty (520) weeks, notwithstanding that multiplication of

impairment times the factor set forth in paragraph (b) of this subsection would

yield a greater percentage of disability.

(e) For permanent partial disability, impairment for nonwork -related disabilities,

conditions previously compensated under this chapter, conditions covered by

KRS 342.732, and hearing loss covered in KRS 342.7305 shall not be

considered in determining the extent of disability or duration of benefits under

this chapter.

(2) The period of any income benefits payable under this section on account of any

injury shall be reduced by the period of income benefits paid or payable under this

chapter on account of a prior injury if income benefits in both cases are for

disability of the same member or function, or different parts of the same member or

function, and the income benefits payable on account of the subsequent disability in

whole or in part would duplicate the income benefits payable on account of the pre -

existing disability.

(3) Subject to the limitations contained in subsection (4) of this section, when an

employee, who has sustained disability compensable under this chapter, and who

has filed, or could have timely filed, a valid claim in his or her lifetime, dies from

causes other than the injury before the expiration of the compensable period

specified, portions of the income benefits specified and unpaid at the individual's

death, whether or not accrued or due at his or her death, shall be paid, under an

award made before or after the death, for the period specified in this section, to and

for the benefit of the persons within the classes at the time of death and in the

proportions and upon the conditions specified in this section and in the order

named:

(a) To the widow or widower, if there is no child under the age of eighteen (18) or

incapable of self -support, benefits at fifty percent (50%) of the rate specified

in the award; or

(b) If there are both a widow or widower and such a child or children, to the

widow or widower, forty -five percent (45%) of the benefits specified in the

award, or forty percent (40%) of those benefits if such a child or children are

not living with the widow or widower; and, in addition thereto, fifteen percent

(15%) of the benefits spe cified in the award to each child. Where there are

more than two (2) such children, the indemnity benefits payable on account of

two (2) children shall be divided among all the children, share and share alike;

or

(c) If there is no widow or widower but suc h a child or children, then to the child

or children, fifty percent (50%) of the benefits specified in the award to one

(1) child, and fifteen percent (15%) of those benefits to a second child, to be

shared equally. If there are more than two (2) such chil dren, the indemnity

benefits payable on account of two (2) children shall be divided equally

among all the children; or

(d) If there is no survivor in the above classes, then the parent or parents wholly

or partly actually dependent for support upon the de cedent, or to other wholly

or partly actually dependent relatives listed in paragraph (g) of subsection (1)

of KRS 342.750, or to both, in proportions that the commissioner provides by

administrative regulation.

(e) To the widow or widower upon remarriage, up to two (2) years, benefits as

specified in the award and proportioned under paragraphs (a) or (b) of this

subsection, if the proportioned benefits remain unpaid, to be paid in a lump

sum.

(4) All income benefits payable pursuant to this chapter shall t erminate as of the date

upon which the employee reaches the age of seventy (70), or four (4) years after the

employee's injury or last exposure, whichever last occurs. In like manner all income

benefits payable pursuant to this chapter to spouses and depen dents shall terminate

as of the date upon which the employee would have reached age seventy (70) or

four (4) years after the employee's date of injury or date of last exposure, whichever

last occurs.

(5) All income benefits pursuant to this chapter otherwi se payable for temporary total

and permanent total disability shall be offset by unemployment insurance benefits

paid for unemployment during the period of temporary total or permanent total

disability.

(6) All income benefits otherwise payable pursuant to this chapter shall be offset by

payments made under an exclusively employer -funded disability plan, exclusively

employer-funded disability retirement plan, exclusively employer -funded sickness

and accident plan, or salary continuation, which extends incom e benefits for the

same disability covered by this chapter, except where the employer -funded plan

contains an internal offset provision for workers' compensation benefits which is

inconsistent with this provision.

(7) Income benefits otherwise payable purs uant to this chapter for temporary total

disability during the period the employee has returned to a light -duty or other

alternative job position shall be offset by an amount equal to the employee's gross

income minus applicable taxes during the period of light-duty work or work in an

alternative job position.

(8) If an employee receiving a permanent total disability award returns to work, that

employee shall notify the employer, payment obligor, insurance carrier, or special

fund as applicable.

(9) Income benefits otherwise payable pursuant to this chapter for temporary total

disability to a professional athlete under the direction and control of an employer

that is a professional team located in Kentucky, absent any collective bargaining

agreement, shall terminate no later than the date on which the contract for hire upon

which the employment is based expires, so long as the professional athlete has been

released to return to employment for which he or she has prior training or

experience.