{"data":{"id":"us-ky/krs-342.315","jurisdiction":"us-ky","citation":"KRS 342.315","heading":"Medical evaluations by university medical schools and \"B\" readers --","body":"Procedures -- Report -- Payment of costs -- Performance assessment of medical\nschools -- Use of telehealth.\n(1) For workers who have had injuries or occupational heari ng loss, the commissioner\nshall contract with the University of Kentucky, the University of Louisville, and the\nUniversity of Pikeville medical schools to evaluate workers. For workers who have\nbecome affected by occupational diseases, the commissioner sha ll contract with the\nUniversity of Kentucky, the University of Louisville, and the University of\nPikeville medical schools, or other physicians otherwise duly qualified as \"B\"\nreaders who are licensed in the Commonwealth and are board -certified pulmonary\nspecialists. Referral for evaluation may be made whenever a medical question is at\nissue.\n(2) The physicians and institutions performing evaluations pursuant to this section shall\nrender reports encompassing their findings and opinions in the form prescribe d by\nthe commissioner. Except as otherwise provided in KRS 342.316, the clinical\nfindings and opinions of the designated evaluator shall be afforded presumptive\nweight by administrative law judges and the burden to overcome such findings and\nopinions shall  fall on the opponent of that evidence. When administrative law\njudges reject the clinical findings and opinions of the designated evaluator, they\nshall specifically state in the order the reasons for rejecting that evidence.\n(3) The commissioner or an adm inistrative law judge may, upon the application of any\nparty or upon his own motion, direct appointment by the commissioner, pursuant to\nsubsection (1) of this section, of a medical evaluator to make any necessary medical\nexamination of the employee. Such medical evaluator shall file with the\ncommissioner within fifteen (15) days after such examination a written report. The\nmedical evaluator appointed may charge a reasonable fee not exceeding fees\nestablished by the commissioner for those services.\n(4) Within thirty (30) days of the receipt of a statement for the evaluation, the employer\nor carrier shall pay the cost of the examination. Upon notice from the commissioner\nthat an evaluation has been scheduled, the insurance carrier shall forward within\nseven ( 7) days to the employee the expenses of travel necessary to attend the\nevaluation at a rate equal to that paid to state employees for travel by private\nautomobile while conducting state business.\n(5) Upon claims in which it is finally determined that the i njured worker was not the\nemployee at the time of injury of an employer covered by this chapter, the special\nfund shall reimburse the carrier for any evaluation performed pursuant to this\nsection for which the carrier has been erroneously compelled to make payment.\n(6) Not less often than annually the designee of the secretary of the Cabinet for Health\nand Family Services shall assess the performance of the medical schools and render\nfindings as to whether evaluations conducted under this section are being rendered\nin a timely manner, whether examinations are conducted in accordance with\nmedically recognized techniques, whether impairment ratings are in conformity\nwith standards prescribed by the \"Guides to the Evaluation of Permanent\nImpairment,\" and whethe r coal workers' pneumoconiosis examinations are\nconducted in accordance with the standards prescribed in this chapter.\n(7) The General Assembly finds that good public policy mandates the realization of the\npotential advantages, both economic and effectual,  of the use of telehealth. The\ncommissioner may, to the extent that he or she finds it feasible and appropriate,\nrequire the use of telehealth, as defined in KRS 211.332, in the independent medical\nevaluation process required by this chapter.","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56316","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:31Z","sha256":"b4417c32594a350e688750445285268f81478a4e0a7d5f3172431069a938bfe9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.310","next":"us-ky/krs-342.316"},"notice":"GroundRules: Original legal text. Not legal advice."}