{"data":{"id":"us-ky/krs-342.710","jurisdiction":"us-ky","citation":"KRS 342.710","heading":"Rehabilitation rights, duties, and  procedures  -- Acceleration of","body":"benefits.\n(1) One  of the primary purposes of this chapter shall be restoration of the injured\nemployee to gainful employment, and preference shall be given to returning the\nemployee  to employment with the same  employer or to the same  or similar\nemployment.\n(2) The commissioner shall continuously study the problems of rehabilitation, both\nphysical and vocational, and shall investigate and maintain a directory of all\nrehabilitation facilities, both private and public.\n(3) An  employee who  has suffered an injury covered by this chapter shall be\nentitled to prompt medical rehabilitation services for whatever period of time is\nnecessary to accomplish physical rehabilitation goals which are feasible,\npractical, and justifiable. When  as a result of the injury he or she is unable to\nperform work for which he or she has previous training or experience, he or she\nshall be entitled to such vocational rehabilitation services, including retraining\nand job placement, as may be reasonably necessary to restore him or her to\nsuitable employment. In all such instances, the administrative law judge shall\ninquire whether such services have been voluntarily offered and accepted. The\nadministrative law judge on his or her own motion, or upon application of any\nparty or carrier, after affording the parties an opportunity to be heard, may refer\nthe  employee  to a  qualified physician or facility for evaluation of the\npracticability of, need for, and kind of service, treatment, or training necessary\nand appropriate to render him or her fit for a remunerative occupation. Upon\nreceipt of such report, the administrative law judge may order that the services\nand  treatment recommended  in the report, or such  other rehabilitation\ntreatment or service likely to return the employee  to suitable, gainful\nemployment, be provided at the expense of the employer or its insurance\ncarrier. Vocational rehabilitation training, treatment, or service shall not extend\nfor a period of more than fifty-two (52) weeks, except in unusual cases when by\nspecial order of the administrative law judge, after hearing and upon a finding,\ndetermined  by  sound  medical evidence which  indicates such  further\nrehabilitation is feasible, practical, and justifiable, the period may be extended\nfor additional periods.\n(4) Where  rehabilitation requires residence at or near the facility or institution,\naway  from the employee's customary residence, reasonable cost of his or her\nboard, lodging, or travel shall be paid for by the employer or its insurance\ncarrier.\n(5) Refusal to accept rehabilitation pursuant to an order of an administrative law\njudge shall result in a fifty percent (50%) loss of compensation for each week of\nthe period of refusal.\n(6) The  commissioner shall cooperate on a reciprocal basis with the Office of\nVocational Rehabilitation and the Department of Workforce Development of the\nEducation and  Labor Cabinet. In the event medical treatment, medical\nrehabilitation services, or vocational rehabilitation services are purchased for\nan injured employee by the Office of Vocational Rehabilitation or Department of\nWorkforce Development following the refusal by the employer or its insurance\ncarrier to provide such services, the administrative law judge, after affording the\nparties an opportunity to be heard, may  order reimbursement of the cost of\nsuch  treatment or services by the employer or its insurance carrier as\napportioned in the award. This section shall not be interpreted to require\nmandatory  evaluation of employees  based  on  length of disability. Any\nadministrative regulations promulgated pursuant to this section that require\nmandatory referral to a qualified rehabilitation counselor shall expire on April 4,\n1994.\n(7) An  employee who is enrolled and participating in a program of rehabilitation\ntraining pursuant to this section may elect to receive an acceleration of benefits\nas awarded under KRS  342.730. Such acceleration shall be available to the\nemployee  during the period of retraining, but in no event shall be paid in a\nweekly amount greater than sixty-six and two-thirds percent (66-2/3%) of the\naverage weekly wage  upon which the award is based, not to exceed one\nhundred percent (100%) of the state average weekly wage. Upon successful\ncompletion of the rehabilitation program, the total of all accelerated benefits\npaid shall be deducted on a dollar-for-dollar basis, without discount, from\nweekly benefits otherwise due the employee subject to the maximum  amount\nof the award. Such remaining benefits, if any, shall then be divided by the\nnumber  of weeks remaining payable under the award, and that amount shall be\nthe weekly benefit due the employee. If a program of rehabilitation training is\nterminated by the employee  prior to completion, all sums  paid on  an\naccelerated basis shall be discounted at the rate set forth in KRS  342.265 and\nthen deducted on a dollar-for-dollar basis from weekly benefits otherwise due\nthe employee subject to the maximum  amount of the award. Such remaining\nbenefits, after the discount, shall be divided by the number of weeks remaining\npayable under the award, and that amount shall be the weekly benefit due the\nemployee. In no event shall this subsection be construed as requiring payment\nof benefits in excess of the total of those benefits which would otherwise be\npayable under the award.","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52470","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:32Z","sha256":"075f63ce03a00127fec119188b94a42ea1f87c9f2694f12a9a1e4c391170866b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.700","next":"us-ky/krs-342.715"},"notice":"GroundRules: Original legal text. Not legal advice."}