{"data":{"id":"us-ky/krs-342.732","jurisdiction":"us-ky","citation":"KRS 342.732","heading":"Income  benefits and retraining incentive benefits for coal workers'","body":"pneumoconiosis  -- Referral to Office of Vocational Rehabilitation --\nAdministrative regulations -- Online portal.\n(1) Notwithstanding any other provision of this chapter, income benefits and\nretraining incentive benefits for occupational pneumoconiosis resulting from\nexposure to coal dust in the severance or processing of coal shall be paid as\nfollows:\n(a) 1. If an employee has a radiographic classification of category 1/0, 1/1\nor 1/2, coal workers' pneumoconiosis and spirometric test values of\neighty percent (80%) or more, the employee shall be awarded a one\n(1) time only retraining incentive benefit which shall be an amount\nequal to sixty-six and two-thirds percent (66-2/3%) of the employee's\naverage weekly wage as determined by KRS  342.740, but not more\nthan seventy-five percent (75%) of the state average weekly wage,\npayable semimonthly for a period not to exceed one hundred four\n(104) weeks, except as  provided in subparagraph 3. of this\nparagraph.\n2. Except as provided in subparagraph 3. of this paragraph, these\nbenefits shall be paid only while the employee is enrolled and\nactively and successfully participating as a full-time student taking\nthe equivalent of twelve (12) or more credit hours per week in a\nbona  fide training or education program  that if successfully\ncompleted will qualify the person completing the course for a trade,\noccupation, or profession and which program can be completed\nwithin the period benefits are payable under this subsection. The\nprogram must be approved under administrative regulations to be\npromulgated by the commissioner. These benefits shall also be paid\nto an employee who is a part-time student taking not less than the\nequivalent of six (6) nor more than eleven (11) credit hours per\nweek, except that benefits shall be an amount equal to thirty-three\nand one-third percent (33-1/3%) of the employee's average weekly\nwage  as  determined by  KRS  342.740, but not more  than\nthirty-seven and one-half percent (37-1/2%) of the state average\nweekly wage, payable biweekly for a period not to exceed two\nhundred eight (208) weeks.\n3. These  benefits shall also be paid biweekly while an employee is\nactively and  successfully pursuing a High School Equivalency\nDiploma in accordance with administrative regulations promulgated\nby the commissioner. These benefits shall be paid in the amount of\nsixty-six and two-thirds percent (66-2/3%) of the employee's average\nweekly wage not to exceed seventy-five percent (75%) of the state\naverage  weekly wage  for a  maximum  period not to exceed\nseventeen (17) weeks. These income benefits shall be in addition to\nthe maximum  amount of retraining incentive benefits payable under\nthis paragraph.\n4. The employer shall also pay, directly to the institution conducting the\ntraining or education program, instruction, tuition, and material costs\nnot to exceed five thousand dollars ($5,000).\n5. The employee shall notify the parties of his or her intention to retrain\nwithin thirty (30) days after the administrative law judge's order\nbecomes  final. The employee must initiate retraining within three\nhundred sixty-five (365) days of the administrative law judge's final\norder. Income benefits payable under subparagraphs 1. and 2. of\nthis paragraph shall begin no later than thirty (30) days following\nconclusion of income benefits paid under subparagraph 3. if such\nbenefits were paid.\n6. If an employee who is awarded retraining incentive benefits under\nthis paragraph successfully completes a bona  fide training or\neducation program approved by the commissioner, upon completion\nof the training or education program, the employer shall pay to that\nemployee  the sum of five thousand dollars ($5,000) for successful\ncompletion of a program that requires a course of study of not less\nthan twelve (12) months nor more than eighteen (18) months, or the\nsum  of ten thousand dollars ($10,000) for successful completion of a\nprogram that requires a course of study of more than eighteen (18)\nmonths. This amount  shall be in addition to retraining incentive\nbenefits awarded under this paragraph, and tuition expenses paid by\nthe employer.\n7. An employee who is age fifty-seven (57) years or older on the date\nof last exposure and who is awarded retraining incentive benefits\nunder subparagraphs 1. to 4. of this paragraph, may elect to receive\nin lieu of retraining incentive benefits, an amount equal to sixty-six\nand two-thirds percent (66-2/3%) of the employee's average weekly\nwage, not to exceed seventy-five percent (75%) of the state average\nweekly  wage  as determined by KRS  342.740 multiplied by the\ndisability rating of twenty-five percent (25%) for a period not to\nexceed four hundred twenty-five (425) weeks, or until the employee\nreaches sixty-five (65) years of age, whichever occurs first, KRS\n342.730(4) notwithstanding.\n8. A claim for retraining incentive benefits provided under this section\nmay  be filed, but benefits shall not be payable, while an employee is\nemployed in the severance or processing of coal as defined in KRS\n342.0011(23).\n9. If an employer appeals an award of retraining incentive benefits,\nupon an employee's motion, an administrative law judge may grant\nretraining incentive benefits pending appeal as interlocutory relief.\n10. If an employee  elects to defer payment  of retraining incentive\nbenefits for a period of retraining longer than three hundred sixty-five\n(365)  days,  benefits otherwise payable  shall be  reduced\nweek-for-week  for each  week  retraining benefits are further\ndeferred;\n(b) 1. If an employee has a radiographic classification of category 1/0, 1/1,\nor 1/2 coal workers' pneumoconiosis and respiratory impairment\nevidenced by spirometric test values of fifty-five percent (55%) or\nmore  but less than eighty percent (80%) of the predicted normal\nvalues, or category 2/1, 2/2, or 2/3 coal workers' pneumoconiosis\nand spirometric test values of eighty percent (80%) or more of the\npredicted normal values, there shall be an irrebuttable presumption\nthat the employee has a disability rating of twenty-five percent (25%)\nresulting from exposure to coal dust, and the employee shall be\nawarded  an income benefit which shall be an amount  equal to\nsixty-six and two-thirds percent (66-2/3%) of the employee's average\nweekly wage, but not to exceed seventy-five percent (75%) of the\nstate average weekly wage  as  determined by  KRS  342.740\nmultiplied by the disability rating of twenty-five percent (25%). The\naward  shall be payable for a period not to exceed four hundred\ntwenty-five (425) weeks.\n2. An employee who is awarded benefits under this paragraph may, at\nthe time of the award or before benefit payments begin, elect to\nreceive retraining incentive benefits provided under paragraph (a)1.\nto 6. of this subsection, in lieu of income benefits awarded under this\nparagraph, provided that such option is available one (1) time only\nand  is not revocable, and provided that in no event shall income\nbenefits payable under this paragraph be stacked or added  to\nretraining incentive income  benefits paid or  payable  under\nsubparagraphs 1. to 6. of paragraph (a)1. to 6. of this subsection to\nextend the period of disability;\n(c) If it is determined that an employee has a radiographic classification of\ncategory 1/0, 1/1, or 1/2, and respiratory impairment resulting from\nexposure to coal dust as evidenced by spirometric test values of less than\nfifty-five percent (55%) of the predicted normal values, or category 2/1,\n2/2, or 2/3 coal workers' pneumoconiosis and respiratory impairment\nevidenced by spirometric test values of fifty-five percent (55%) or more\nbut less than eighty percent (80%) of the predicted normal values, or\ncategory 3/2 or 3/3 coal workers' pneumoconiosis and spirometric test\nvalues of eighty percent (80%) or more, there shall be an irrebuttable\npresumption that the employee has a disability rating of fifty percent\n(50%) resulting from exposure to coal dust, and the employee shall be\nawarded  an income benefit which shall be an amount equal to sixty-six\nand two-thirds percent (66-2/3%) of the employee's average weekly wage\nbut not to exceed seventy-five percent (75%) of the state average weekly\nwage  as determined by KRS  342.740 multiplied by the disability rating of\nfifty percent (50%). The award shall be payable for a period not to exceed\nfour hundred twenty-five (425) weeks;\n(d) If it is determined that an employee has a radiographic classification of\ncategory 2/1, 2/2, or 2/3 coal workers' pneumoconiosis, based on the\nlatest ILO International Classification of Radiographics, and respiratory\nimpairment as evidenced by spirometric test values of less than fifty-five\npercent (55%) of the predicted normal values or category 3/2 or 3/3\npneumoconiosis and respiratory impairment evidenced by spirometric test\nvalues of fifty-five percent (55%) or more but less than eighty percent\n(80%)  of the predicted normal values, there shall be an irrebuttable\npresumption that the employee has a seventy-five percent (75%) disability\nrating resulting from exposure to coal dust and the employee shall be\nawarded  income benefits which shall be equal to sixty-six and two-thirds\npercent (66-2/3%) of the employee's average weekly wage  but not to\nexceed seventy-five percent (75%) of the state average weekly wage as\ndetermined  by  KRS  342.740 multiplied by  the disability rating of\nseventy-five percent (75%). The award shall be payable for a period not\nto exceed five hundred twenty (520) weeks. Income benefits awarded\nunder  this paragraph shall be payable to the employee  during the\ndisability; and\n(e) If it is determined that an employee has radiographic classification of 3/2\nor  3/3  occupational pneumoconiosis  and  respiratory impairment\nevidenced by spirometric test values of less than fifty-five percent (55%)\nof the predicted normal values, or complicated pneumoconiosis (large\nopacities category A, B, or C progressive massive fibrosis), there shall be\nan irrebuttable presumption that the employee is totally disabled resulting\nfrom exposure to coal dust, and the employee shall be awarded income\nbenefits equal to sixty-six and  two-thirds percent (66-2/3%) of the\nemployee's average weekly wage but not more than one hundred percent\n(100%)  of the state average weekly wage  and not less than twenty\npercent (20%) of the average weekly wage of the state as determined by\nKRS  342.740. Income benefits awarded under this paragraph shall be\npayable to the employee during such disability.\n(2) The  presence of respiratory impairment resulting from exposure to coal dust\nshall be established by using the largest forced vital capacity (FVC) value or\nthe largest forced expiratory volume in one second (FEV1) value determined\nfrom the totality of all such spirometric testing performed in compliance with\naccepted medical standards.\n(3) When  valid spirometric tests are not provided and a physician certifies to the\nadministrative law judge that spirometric testing is not medically indicated\nbecause  of the permanent  physical condition of the employee,  the\nadministrative law judge shall make  his or her decision on the basis of\nevidence  admitted which  establishes the existence of a  diagnosis of\noccupational pneumoconiosis  and  respiratory impairment due  to  the\noccupational pneumoconiosis. The evidence submitted by the employee shall\ninclude one (1) or more arterial blood gas studies performed in accordance with\naccepted medical standards. Income benefits shall not be awarded in the\nabsence of valid spirometric tests if the claimant's PO2 arterial blood gas value\nis equal to or higher than one (1) standard deviation from the normal value\nobtained by the formula (103.5 - 0.42X), where X equals the claimant's age at\nthe time of the arterial blood gas study.\n(4) Upon  request, the commissioner shall refer an employee  who  has been\nawarded  retraining incentive benefits under subsection (1)(a) of this section to\nthe Office of Vocational Rehabilitation for evaluation and assessment of the\ntraining, education, or other services necessary to prepare the employee for a\ntrade, occupation, or profession that will return the employee to remunerative\nemployment, or services necessary and appropriate to prepare and enable the\nemployee  to successfully complete a bona fide training or education program\napproved by the commissioner. The commissioner shall contract with the Office\nof Vocational Rehabilitation to provide vocational rehabilitation or education\nservices commensurate  with the skill levels and abilities of the employee.\nServices provided under this subsection shall be funded by the coal workers'\npneumoconiosis fund, KRS  342. 1242 notwithstanding, for claims filed on or\nbefore June 30, 2017, and by the employer for claims filed after June 30, 2017.\n(5) The  commissioner shall promulgate administrative regulations sufficient to\neffectuate the provisions relating to retraining incentive benefits provided under\nsubsection (1)(a) of this section. The administrative regulations shall:\n(a) Create an online portal through which employees shall select a facility or\ninstitution to provide their retraining. This portal shall list bona fide training\nor education programs. These  programs shall include postsecondary\nprograms registered with the Higher Education Assistance Authority, and\nwill qualify the employee for a trade, occupation, or profession. The\nprograms listed shall be capable of completion within the period benefits\nare payable under subsection (1)(a) of this section;\n(b) Establish requirements for approval and certification of a bona  fide\ntraining or education program;\n(c) Provide that funds paid to the training or education program by the\nemployer as required under subsection (1)(a)4. of this section shall be\napplied only to instruction, tuition, material costs, and any fees necessary\nfor the completion of the program;\n(d) Establish requirements for successful participation in and completion of\nan approved and certified bona fide training or education program, and\neligibility standards that must be satisfied to receive sums to be paid by\nthe employer pursuant to subsection (1)(a)6. of this section; and\n(e) Establish attendance, performance  and  progress standards, and\nreporting requirements in consultation with the Office of Adult Education\nwithin the Department of Workforce Development in the Education and\nLabor Cabinet as conditions that must be satisfied to receive retraining\nincentive income benefits pursuant to subsection (1)(a)3. of this section.\n(6) In no event shall income benefits awarded under this section be stacked or\nadded to income benefits awarded under KRS  342.730 to extend the period of\ndisability and in no event shall income or retraining incentive benefits be paid to\nthe employee while the employee is working in the mining industry in the\nseverance or processing of coal as defined in KRS 342.0011(23)(a).","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52471","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:32Z","sha256":"fcab510432cd4745e618d3fbca873f334bf25e0554d33e643c696a2ab020fc85","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.7305","next":"us-ky/krs-342.734"},"notice":"GroundRules: Original legal text. Not legal advice."}