KRS 342.920: Self -insurance fund for payments to workers' compensation claimants

injured before March 1, 1997.

(1) The General Assembly finds and declares that there is a need to protect employees

of workers' compensation self -insured employers who had claims for injuries that

occurred prior to the creation of the workers' compensation self -insurance guaranty

funds under this chapter. The General Assembly further finds that there may be

instances in which the security of a former self -insured employer is insufficie nt to

pay the entire workers' compensation claim of an injured employee who was injured

prior to March 1, 1997.

(2) There is hereby established the self -insurance fund for the purpose of making

payments to workers' compensation claimants injured prior to M arch 1, 1997, when

the security of a former self-insured employer has been depleted.

(3) (a) The commissioner shall be:

1. Authorized to disburse moneys from the fund in accordance with written

orders of an administrative law judge or the board; and

2. Responsible for administration of the fund and conservation of the assets

of the fund.

(b) The commissioner may hire an administrator to oversee the payment of claims

as provided in this section.

(4) Notwithstanding any provision of the Kentucky Revised Statu tes to the contrary, all

amounts collected after July 12, 2006, as fines and penalties under KRS 342.267

and 342.990 shall be paid into the self-insurance fund.

(5) The self-insurance fund shall be responsible for the payment of compensation when

there has been a default in the payment of compensation by a self -insured employer

and the security held by the Department of Workers' Claims has been completely

depleted.

(6) The Department of Workers' Claims shall appoint an attorney on its staff or special

counsel to represent the self -insurance fund in all proceedings brought to enforce

claims against or on behalf of the self -insurance fund. Necessary expenses for this

purpose including salaries or special counsel shall be borne by the self -insurance

fund.

(7) Any party seeking reopening under KRS 342.125 or action on a claim involving the

self-insurance fund shall name the self-insurance fund in its action.

(8) (a) The Workers' Compensation Funding Commission shall hold, invest, and

reinvest the funds collected for the self-insurance fund;

(b) The funding commission shall have the same authority and duties with regard

to the self-insurance fund as described in KRS 342.1223; and

(c) The funding commission shall disburse moneys of the fund as requested by

the commissioner of the Department of Workers' Claims pursuant to

subsection (3) of this section.

(9) Amounts in the self-insurance fund not expended at the close of the fiscal year shall

not lapse but shall be carried forward to the next fiscal year. Any interest earnings

of the self-insurance fund shall become part of the fund and shall not lapse.