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AN ACT relating to workers' compensation. Amend several provisions of the Workers' Compensation Act in KRS Chapter 342 to define and recognize temporary partial disability benefits and amend other statutes to comply; define medical provider; limit medical benefits to age 70 or five years after date of injury, whichever is later except for permanent total awards or awards involving prosthetic devices which continue for as long as the employee is disabled; allow attorney's fees or increased payments for medical fee disputes that are decided in favor of the claimant; amend the reopening statutes to allow for reopening for additional temporary total or partial benefits; permit claimants who have awards of $60 or less per week to elect a lump sum and receive a one point higher discount rate than that set by the commissioner; require settlements for future medicals to be approved by the federal Medicare Secondary Payer Act; permit claimants to recover damages from an insurance carrier who commits an unfair claims settlement practice; increase attorneys' fees to a total of $24,000; specify that administrative law judges do not approve attorney's fees; enumerate changes to the manner that income benefits are determined; increase the maximum for temporary total or partial income benefits from 100% of the state average weekly wage to 120% of the state average weekly wage; increase the maximum of permanent partial income benefits from 75% to 85% of the state average weekly wage; increase and clarify multiplier language factors; provide that the time limit for permanent partial income benefits is determined by the impairment ratings; make other amendments to conform.



  • T. Buford
  • D. Seum