{"data":{"id":"us-ky/krs-342.792","jurisdiction":"us-ky","citation":"KRS 342.792","heading":"Consideration, reopening, and filing of claims of miners who were last","body":"exposed to hazards on certain dates -- Benefits.\n(1) The claim of any miner last exposed to the occupational hazards of coal workers'\npneumoconiosis between December 12, 199 6, and July 15, 2002, shall nonetheless\nbe governed by the provisions of KRS 342.732 and notwithstanding the provisions\nof KRS 342.125 all claims for benefits which were filed for last injurious\noccupational exposure to coal dust occurring between December  12, 1996, and July\n15, 2002, shall be considered pursuant to the provisions of KRS 342.732 and\nadministrative regulations promulgated by the commissioner, and closed claims,\nexcept claims dismissed for reasons other than failure to meet medical eligibilit y\nstandards, may be reopened by the claimant. Income or retraining incentive benefits\nshall be awarded thereon as if the entitlement standards established by the\namendments to KRS 342.732 were effective at the time of last exposure. Any\nbenefits previously granted by an award or settlement shall be credited against any\nsubsequent award or settlement and no interest shall be payable on additional\nbenefits. A previous grant of retraining incentive benefits shall be credited only to\nthe extent that the benefit s were actually paid. All income or retraining incentive\nbenefits greater than those which would have been awarded were not these new\nprovisions applicable shall be paid without interest from the Kentucky coal workers'\npneumoconiosis fund, the provisions o f KRS 342.1242 notwithstanding, for claims\nfiled on or before June 30, 2017, and by the employer for claims filed after June 30,\n2017.\n(2) The original claim of any miner last exposed to the occupational hazards of coal\nworkers' pneumoconiosis prior to Dec ember 12, 1996, which was subject to a\nuniversity evaluation pursuant to KRS 342.315 and was dismissed upon a finding\nthat the miner did not prove the presence of coal workers' pneumoconiosis\nradiographically may be reopened by the claimant notwithstanding the provisions of\nKRS 342.125, pursuant to administrative regulations adopted by the commissioner.\nIncome benefits may be awarded thereon pursuant to entitlement standards effective\nas of the date of last exposure, except the income or retraining benefits shall be paid\nwithout interest from the Kentucky coal workers' pneumoconiosis fund, the\nprovisions of KRS 342.1242 notwithstanding, for claims filed on or before June 30,\n2017, and by the employer for claims filed after June 30, 2017.\n(3) Notwithstanding the provisions of KRS 342.316(4)(a), the coal workers'\npneumoconiosis claim of any miner last exposed between December 12, 1996, and\nJuly 15, 2002, may be filed with the commissioner on or before December 12, 2003,\nor within the time frame prescribed by KR S 342.316(4)(a), whichever is longer. All\nincome or retraining incentive benefits greater than those which would have been\nawarded were not these new provisions applicable shall be paid by the Kentucky\ncoal workers' pneumoconiosis fund without interest, th e provisions of KRS\n342.1242 notwithstanding, for claims filed on or before June 30, 2017, and by the\nemployer for claims filed after June 30, 2017.","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47628","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:32Z","sha256":"8fc55738971e19f1c8244a0e7a3f6249d7d62b380405c32800d01a9856912503","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.790","next":"us-ky/krs-342.794"},"notice":"GroundRules: Original legal text. Not legal advice."}