AN ACT relating to in the line of duty death benefits.

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AN ACT relating to in the line of duty death benefits. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 61.315 is amended to read as follows: 3
(1) As used in this section: 4
(a) "Police officer" means every paid police officer, sheriff, or deputy sheriff, 5
corrections employee with the power of a peace officer pursuant t o KRS 6
196.037, any metropolitan or urban-county correctional officer with the power 7
of a peace officer pursuant to KRS 446.010, any jailer or deputy jailer, any 8
auxiliary police officer appointed pursuant to KRS 95.445, any police officer 9
of a public insti tution of postsecondary education appointed pursuant to KRS 10
164.950, any school resource officer as defined in KRS 158.441, or any 11
citation or safety officer appointed pursuant to KRS 83A.087 and 83A.088, 12
elected to office, or employed by any county, airport board created pursuant to 13
KRS Chapter 183, city, local board of education, or by the state; 14
(b) "Firefighter" means every paid firefighter or volunteer firefighter who is 15
employed by or volunteers his or her services to the state, airport board 16
created pursuant to KRS Chapter 183, any county, city, fire district, or any 17
other organized fire department recognized, pursuant to KRS 95A.262, as a 18
fire department operated and maintained on a nonprofit basis in the interest of 19
the health and safety of the inha bitants of the Commonwealth and shall 20
include qualified civilian firefighters employed at Kentucky -based military 21
installations;[ and] 22
(c) "Emergency medical services personnel" means any paid or volunteer 23
emergency medical services personnel who is certified or licensed pursuant to 24
KRS Chapter 311A and who is employed directly by, or volunteering directly 25
for, any: 26
1. County; 27
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2. City; 1
3. Fire protection district created under KRS 75.010 to 75.260; or 2
4. Emergency ambulance service district created under KRS 108.080 to 3
108.180; 4
to provide emergency medical services; and 5
(d) "Rescue squad personnel" means any paid or volunteer member of a rescue 6
squad, as defined in KRS 39F.010. 7
(2) The spouse of any police officer, sheriff, deputy sheriff, corrections employee with 8
the power of a peace officer pursuant to KRS 196.037, any metropolitan or urban -9
county correctional officer with the power of a pe ace officer pursuant to KRS 10
446.010, any jailer or deputy jailer, any auxiliary police officer appointed pursuant 11
to KRS 95.445, any police officer of a public institution of postsecondary education 12
appointed pursuant to KRS 164.950, any school resource of ficer as defined in KRS 13
158.441, or any citation or safety officer appointed pursuant to KRS 83A.087 and 14
83A.088, firefighter, or member of the Kentucky National Guard on state active 15
duty pursuant to KRS 38.030, or a member of a state National Guard or a Reserve 16
component on federal active duty under Title 10 or 32 of the United States Code 17
who names Kentucky as home of record for military purposes, whose death occurs 18
on or after July 1, 2002, as a direct result of an act in the line of duty shall receive a 19
lump-sum payment of eighty thousand dollars ($80,000) if there are no surviving 20
children, which sum shall be paid by the State Treasurer from the general fund of 21
the State Treasury. The spouse of any emergency medical services personnel whose 22
death occur s on or after November 1, 2015, or spouse of any rescue squad 23
personnel whose death occurs on or after the effective date of this Act, as a direct 24
result of an act in the line of duty shall receive a lump -sum payment of eighty 25
thousand dollars ($80,000) if there are no surviving children, which sum shall be 26
paid by the State Treasurer from the general fund of the State Treasury. If there are 27
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surviving children and a surviving spouse, the payment shall be apportioned equally 1
among the surviving children and the spouse. If there is no surviving spouse, the 2
payment shall be made to the surviving children, eighteen (18) or more years of 3
age. For surviving children less than eighteen (18) years of age, the State Treasurer 4
shall: 5
(a) Pay thirty-five thousand dollars ($35,000) to the surviving children; and 6
(b) Hold forty-five thousand dollars ($45,000) in trust divided into equal accounts 7
at appropriate interest rates for each surviving child until the child reaches the 8
age of eighteen (18) years. 9
If a child dies before reaching the age of eighteen (18) years, his or her account 10
shall be paid to his or her estate. If there are no surviving children, the payment 11
shall be made to any parents of the deceased. 12
(3) The Kentucky Fire Commission shall be authorized to pro mulgate administrative 13
regulations establishing criteria and procedures applicable to the administration of 14
this section as it pertains to both paid and volunteer firefighters, including but not 15
limited to defining when a firefighter has died in line of du ty. Administrative 16
hearings promulgated by administrative regulation under authority of this 17
subsection shall be conducted in accordance with KRS Chapter 13B. 18
(4) The Justice and Public Safety Cabinet may promulgate administrative regulations 19
establishing criteria and procedures applicable to the administration of this section 20
as it pertains to police officers, any metropolitan or urban -county correctional 21
officers with the power of a peace officer pursuant to KRS 446.010, any school 22
resource officer as def ined in KRS 158.441, or any jailers or deputy jailers, 23
including but not limited to defining when one has died in line of duty. 24
Administrative hearings promulgated by administrative regulation under authority 25
of this subsection shall be conducted in accordance with KRS Chapter 13B. 26
(5) The Department of Corrections shall promulgate administrative regulations 27
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establishing the criteria and procedures applicable to the administration of this 1
section as it pertains to correctional employees, including but not l imited to 2
defining which employees qualify for coverage and which circumstances constitute 3
death in the line of duty. 4
(6) The Kentucky Board of Emergency Medical Services shall promulgate 5
administrative regulations establishing the criteria and procedures applicable to the 6
administration of this section as it pertains to emergency medical services 7
personnel, including but not limited to which employees or volunteers qualify for 8
coverage and which circumstances constitute death in the line of duty. 9
(7) The D epartment of Military Affairs shall promulgate administrative regulations 10
establishing the criteria and procedures applicable to the administration of this 11
section as it pertains to National Guard or Reserve component members, including 12
but not limited to defining which National Guard or Reserve component members 13
qualify for coverage and which circumstances constitute death in the line of duty. 14
(8) The Division of Emergency Management shall promulgate administrative 15
regulations establishing the criteria and procedures applicable to the 16
administration of this section as it pertains to rescue squad personnel, including 17
but not limited to defining which members qualify for coverage and which 18
circumstances constitute death in the line of duty. 19
(9) The estate of anyone whose spouse or surviving children would be eligible for 20
benefits under subsection (2) of this section, and the estate of any regular member 21
of the United States Armed Forces who names Kentucky as home of record for 22
military purposes whose death occ urs as a direct result of an act in the line of duty, 23
shall be exempt from all probate fees, including but not limited to those established 24
by the Supreme Court of Kentucky pursuant to KRS 23A.200 and 24A.170, or 25
imposed under KRS 24A.185, 64.012, and 172.180. 26
(10)[(9)] The benefits payable under this section shall be in addition to any benefits 27
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now or hereafter prescribed under any police, sheriff, firefighter's, volunteer 1
firefighter's, emergency medical services personnel, rescue squad personnel, or 2
National Guard or Reserve retirement or benefit fund established by the federal 3
government or by any state, county, or any municipality. 4
(11)[(10)] Any funds appropriated for the purpose of paying the death benefits described 5
in subsection (2) of this section shall be allotted to a self -insuring account. These 6
funds shall not be used for the purpose of purchasing insurance. 7
(12)[(11)] (a) For[ the] purposes of this section, if a firefighter dies as a result of 8
cancer, the death shall be a direct result of an ac t in the line of duty if the 9
firefighter: 10
1. Was a firefighter for at least five (5) consecutive years; 11
2. Developed one (1) or more of the cancers listed in paragraph (b) of this 12
subsection which caused the firefighter's death within ten (10) years of 13
separation from service as a firefighter; 14
3. Did not use tobacco products for a period of ten (10) years prior to the 15
diagnosis of cancer; 16
4. Was under the age of sixty-five (65) at the time of death; 17
5. Was not diagnosed with any cancer prior to employment as a firefighter; 18
and 19
6. Was exposed while in the course of firefighting to a known carcinogen 20
as defined by the International Agency for Research on Cancer or the 21
National Toxicology Program, and the carcinogen is reasonably 22
associated with one (1) or more of the cancers listed i n paragraph (b) of 23
this subsection. 24
(b) This subsection[section] shall apply to the following cancers: 25
1. Bladder cancer; 26
2. Brain cancer; 27
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3. Colon cancer; 1
4. Non-Hodgkin's lymphoma; 2
5. Kidney cancer; 3
6. Liver cancer; 4
7. Lymphatic or haematopoietic cancer; 5
8. Prostate cancer; 6
9. Testicular cancer; 7
10. Skin cancer; 8
11. Cervical cancer; and 9
12. Breast cancer. 10
(c) 1. The provisions of this subsection creating an entitlement to the line of 11
duty death benefits shall apply exclusively to this section and shall no t 12
be interpreted or otherwise construed to create either an express or 13
implied presumption of work -relatedness for any type of claim filed 14
pursuant to KRS Chapter 342. 15
2. This paragraph is intended to provide clarification regarding the sole and 16
exclusive application of this subsection to only the benefits available 17
under this section and shall not be used as a bar or other type of 18
limitation to impair or alter the rights and ability of a claimant to prove 19
work-relatedness under KRS Chapter 342 or other laws. 20
Section 2. KRS 164.2841 is amended to read as follows: 21
(1) As used in this section, "rescue squad personnel" means any paid or volunteer 22
member of a rescue squad, as defined in KRS 39F.010. 23
(2) (a) Any person whose parent or any nonmarried widow or widower whose spouse 24
was a resident of the Commonwealth of Kentucky upon becoming a law 25
enforcement officer, rescue squad personnel, firefighter, or volunteer 26
firefighter and who was killed while in active service or trainin g for active 27
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service or who died as a result of a service -connected disability shall not be 1
required to pay any matriculation or tuition fee upon admission to any state -2
supported university, community college, or vocational training institution. 3
[The provisions of ]This subsection shall apply to any firefighter or volunteer 4
firefighter who is killed or dies under the conditions covered in this subsection 5
on July 1, 1989, or thereafter. 6
(b) In order to obtain the benefits conferred by paragraph (a) of this s ubsection, 7
the parent -child relationship shall be shown by birth certificate, adoption 8
papers, or other documentary evidence. The spousal relationship shall be 9
shown by a marriage certificate or other documentary evidence. The parent's 10
or spouse's service and the cause of death shall be evidenced by certification 11
from the records of the [ Kentucky] Justice and Public Safety Cabinet, the 12
Division of Emergency Management, the appropriate city or county law 13
enforcement agency which employed the deceased, the ad ministrative agency 14
for the fire department or fire protection district recognized for funding under 15
KRS 95A.262, or the administrative agency having jurisdiction over any paid 16
firefighters of all counties and cities of all classes. 17
(3)[(2)] (a) Any person whose parent or any nonmarried widow or widower whose 18
spouse was an employee participating in a state -administered retirement 19
system, and not otherwise covered by subsection (2)[(1)] of this section, and 20
who died as a result of a duty -related injury as described in KRS 61.621 shall 21
not be required to pay any matriculation or tuition fee upon admission to any 22
state-supported university, community college, or vocational training 23
institution. 24
(b) In order to obtain the benefits conferred by paragraph (a) of t his subsection, 25
the parent -child relationship shall be shown by birth certificate, adoption 26
papers, or other documentary evidence. The spousal relationship shall be 27
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shown by a marriage certificate or other documentary evidence. The parent's 1
or spouse's ser vice and the cause of death shall be evidenced by certification 2
from the records of the employing agency or the appropriate retirement 3
system. 4
(4)[(3)] If one so admitted to a state -supported university, community college, or 5
vocational training institutio n under [ the provisions of] this section shall have 6
obtained a cash scholarship paid or payable to the institution, from whatever source, 7
the amount of the scholarship shall be applied to the credit of the applicant in the 8
payment of incidental expenses of his or her attendance at the institution, and any 9
balance, if the terms of the scholarship permit, shall be returned to the applicant. 10
Section 3. KRS 342.316 is amended to read as follows: 11
(1) (a) The employer liable for compensation for occupational disease shall be the 12
employer in whose employment the employee was last exposed to the hazard 13
of the occupational disease. During any period in which this section is 14
applicable to a coal mine, an operator who acquired it or substantially all of its 15
assets from a person who was its operator on and after January 1, 1973, shall 16
be liable for, and secure the payment of, the benefits which would have been 17
payable by the prior operator under this section with respect to miners 18
previously employed in the mine if it had not been acquired by such later 19
operator. At the same time, however, this subsection does not relieve the prior 20
operator of any liability under this section. Also, it does not affect whatever 21
rights the later operator might have against the prior operator. 22
(b) The time of the beginning of compensation payments shall be the date of the 23
employee's last injurious exposure to the cause of the disease, or the date of 24
actual disability, whichever is later. 25
(2) The procedure with respect to the giving of notice and determination of claims in 26
occupational disease cases and the compensation and medical benefits payable for 27
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disability or death due to the disease shall be the same as in cases of accidental 1
injury or death under the general provisions of this chapter, except that notice of 2
claim shall be given to the employer as soon as practicable after the employee first 3
experiences a distinct manifestation of an occupational disease in the form of 4
symptoms re asonably sufficient to apprise the employee that he or she has 5
contracted the disease, or a diagnosis of the disease is first communicated to him or 6
her, whichever shall first occur. 7
(3) The procedure for filing occupational disease claims shall be as follows: 8
(a) The application for resolution of claim shall set forth the complete work 9
history of the employee with a concise description of injurious exposure to a 10
specific occupational disease, together with the name and addresses of the 11
employer or employer s with the approximate dates of employment. The 12
application shall also include at least one (1) written medical report 13
supporting his or her claim. This medical report shall be made on the basis of 14
clinical or X-ray examination performed in accordance with accepted medical 15
standards and shall contain full and complete statements of all examinations 16
performed and the results thereof. The report shall be made by a duly -licensed 17
physician. The commissioner shall promulgate administrative regulations 18
which prescribe the format of the medical report required by this section and 19
the manner in which the report shall be completed. 20
1. For coal -related occupational pneumoconiosis claims, each clinical 21
examination shall include a chest X -ray interpretation by a Nationa l 22
Institute of Occupational Safety and Health (NIOSH) certified "B" 23
reader. The chest X -ray upon which the report is made shall be filed 24
with the application as well as spirometric tests when pulmonary 25
dysfunction is alleged. 26
2. For other compensable occup ational pneumoconiosis claims, each 27
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clinical examination shall include a chest X -ray examination and 1
appropriate pulmonary function tests. 2
(b) To be admissible, medical evidence offered in any proceeding under this 3
chapter for determining a claim for occup ational pneumoconiosis resulting 4
from exposure to coal dust shall comply with accepted medical standards as 5
follows: 6
1. Chest X-rays shall be of acceptable quality with respect to exposure and 7
development and shall be indelibly labeled with the date of the X-ray 8
and the name and Social Security number of the claimant. Physicians' 9
reports of X-ray interpretations shall: identify the claimant by name and 10
Social Security number; include the date of the X-ray and the date of the 11
report; classify the X -ray inter pretation using the latest ILO 12
Classification and be accompanied by a completed copy of the latest 13
ILO Classification report. Only interpretations by National Institute of 14
Occupational Safety and Health (NIOSH) certified "B" readers shall be 15
admissible. 16
2. Spirometric testing shall be conducted in accordance with the standards 17
recommended in the "Guides to the Evaluation of Permanent 18
Impairment" and the 1978 ATS epidemiology standardization project 19
with the exception that the predicted normal values for lun g function 20
shall not be adjusted based upon the race of the subject. The FVC or the 21
FEV1 values shall represent the largest of such values obtained from 22
three (3) acceptable forced expiratory volume maneuvers as corrected to 23
BTPS (body temperature, ambient pressure and saturated with water 24
vapor at these conditions) and the variance between the two (2) largest 25
acceptable FVC values shall be either less than five percent (5%) of the 26
largest FVC value or less than one hundred (100) milliliters, whichever 27
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is g reater. The variance between the two (2) largest acceptable FEV1 1
values shall be either less than five percent (5%) of the largest FEV1 2
value or less than one hundred (100) milliliters, whichever is greater. 3
Reports of spirometric testing shall include a d escription by the 4
physician of the procedures utilized in conducting such spirometric 5
testing and a copy of the spirometric chart and tracings from which 6
spirometric values submitted as evidence were taken. If it is shown that 7
the spirometric testing is not valid due to inadequate cooperation or poor 8
effort on the part of the claimant, the claimant's right to take or 9
prosecute any proceedings under this chapter shall be suspended until 10
the refusal or obstruction ceases. No compensation shall be payable for 11
the period during which the refusal or obstruction continues. 12
3. The commissioner shall promulgate administrative regulations pursuant 13
to KRS Chapter 13A as necessary to effectuate the purposes of this 14
section. The commissioner shall periodically review th e applicability of 15
the spirometric test values contained in the "Guides to the Evaluation of 16
Permanent Impairment" and may by administrative regulation substitute 17
other spirometric test values which are found to be more closely 18
representative of the normal pulmonary function of the coal mining 19
population. 20
4. The procedure for determination of occupational disease claims shall be 21
as follows: 22
a. Immediately upon receipt of an application for resolution of claim, 23
the commissioner shall notify the responsible e mployer and all 24
other interested parties and shall furnish them with a full and 25
complete copy of the application. 26
b. The commissioner shall assign the claim to an administrative law 27
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judge and shall promptly refer the employee to a duly qualified 1
"B" reader physician who is licensed in the Commonwealth and is 2
a board-certified pulmonary specialist as set forth pursuant to KRS 3
342.315 and 342.794(1). The report from this examination shall be 4
provided to all parties of record. The employee shall not be 5
referred by the commissioner for examination within two (2) years 6
following any prior referral for examination for the same disease. 7
c. The commissioner shall develop a procedure to annually audit the 8
performance of physicians and facilities that are selected to 9
perform examinations pursuant to this section. The audit shall 10
include an evaluation of the physician and facility with respect to 11
the timeliness and completeness of the reports and the frequency at 12
which the physician's classification of an X -ray differs from those 13
of the other physicians of that X -ray. The commissioner shall 14
remove a physician or facility from selection consideration if the 15
physician or facility consistently renders incomplete or untimely 16
reports or if the physician's interpretations of X -rays are not in 17
conformity with the readings of other physicians of record at least 18
fifty percent (50%) of the time. The report required under this 19
subdivision shall be provided to the Interim Joint Committee on 20
Economic Development and Workforce Investme nt on or before 21
July 1, 2019, and on or before July 1 of each year thereafter. 22
d. In coal workers' pneumoconiosis claims, if the physician selected 23
by the commissioner interprets an X -ray as positive for 24
complicated coal workers' pneumoconiosis, the commis sioner 25
shall refer the employee to the facility at which the claimant was 26
previously evaluated for a computerized tomography scan in order 27
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to verify the findings. The computerized tomography scan shall be 1
interpreted by the facility and a report shall be f iled with the 2
commissioner. The employer, insurer, or payment obligor shall 3
pay the cost of the examination pursuant to the medical fee 4
schedule. The administrative law judge may rely upon the findings 5
in the report in accepting or rejecting ILO radiograph ic evidence 6
of the disease required under KRS 342.732 for benefit 7
determination. 8
e. Within forty -five (45) days following the notice of filing an 9
application for resolution of claim, the employer or carrier shall 10
notify the commissioner and all parties of record of its acceptance 11
or denial of the claim. A denial shall be in writing and shall state 12
the specific basis for the denial. 13
f. The administrative law judge shall conduct such proceedings as 14
are necessary to resolve the claim and shall have authority t o grant 15
or deny any relief, including interlocutory relief, to order 16
additional proof, to conduct a benefit review conference, or to take 17
such other action as may be appropriate to resolve the claim. 18
g. Unless a voluntary settlement is reached by the parti es, or the 19
parties agree otherwise, the administrative law judge shall issue a 20
written determination within sixty (60) days following a hearing. 21
The written determination shall address all contested issues and 22
shall be enforceable under KRS 342.305. 23
h. Within thirty (30) days of the receipt of the statement for the 24
evaluation, the employer, insurer, or payment obligor shall pay the 25
cost of the examination. Upon notice from the commissioner that 26
an evaluation has been scheduled, the employer, insurer, or 27
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payment obligor shall forward the expenses of travel necessary to 1
attend the evaluation at the state employee reimbursement rates to 2
the employee within seven (7) days. However, if the employee has 3
alleged a pulmonary dysfunction but has not filed spirometric 4
evidence as required by paragraph (a) of this subsection at the time 5
the evaluation is scheduled by the commissioner, the employee 6
will be responsible for fifty percent (50%) of the cost of the 7
evaluation. 8
5. The procedure for appeal from a determination of an administrative law 9
judge shall be as set forth in KRS 342.285. 10
(4) (a) The right to compensation under this chapter resulting from an occupational 11
disease shall be forever barred unless a claim is filed with the commissioner 12
within three (3) years af ter the last injurious exposure to the occupational 13
hazard or after the employee first experiences a distinct manifestation of an 14
occupational disease in the form of symptoms reasonably sufficient to apprise 15
the employee that he or she has contracted the d isease, whichever shall last 16
occur; and if death results from the occupational disease within that period, 17
unless a claim therefor be filed with the commissioner within three (3) years 18
after the death; but that notice of claim shall be deemed waived in cas e of 19
disability or death where the employer, or its insurance carrier, voluntarily 20
makes payment therefor, or if the incurrence of the disease or the death of the 21
employee and its cause was known to the employer. However, the right to 22
compensation for any occupational disease shall be forever barred, unless a 23
claim is filed with the commissioner within five (5) years from the last 24
injurious exposure to the occupational hazard, except that, in cases of 25
radiation disease, asbestos -related disease, or a type o f cancer specified in 26
KRS 61.315(12)[(11)](b), a claim must be filed within twenty (20) years from 27
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the last injurious exposure to the occupational hazard. 1
(b) Income benefits for the disease of pneumoconiosis resulting from exposure to 2
coal dust or death therefrom shall not be payable unless the e mployee has 3
been exposed to the hazards of such pneumoconiosis in the Commonwealth of 4
Kentucky over a continuous period of not less than two (2) years during the 5
ten (10) years immediately preceding the date of his or her last exposure to 6
such hazard, or f or any five (5) of the fifteen (15) years immediately 7
preceding the date of such last exposure. 8
(5) The amount of compensation payable for disability due to occupational disease or 9
for death from the disease, and the time and manner of its payment, shall b e as 10
provided for under the general provisions of the Workers' Compensation Act, but: 11
(a) In no event shall the payment exceed the amounts that were in effect at the 12
time of the last injurious exposure; 13
(b) The time of the beginning of compensation payments shall be the date of the 14
employee's last injurious exposure to the cause of the disease, or the date of 15
actual disability, whichever is later; and 16
(c) In case of death where the employee has been awarded c ompensation or made 17
timely claim within the period provided for in this section, and an employee 18
has suffered continuous disability to the date of his or her death occurring at 19
any time within twenty (20) years from the date of disability, his or her 20
dependents, if any, shall be awarded compensation for his or her death as 21
provided for under the general provisions of the Workers' Compensation Act 22
and in this section, except as provided in KRS 342.750(6). 23
(6) If an autopsy has been performed, no testimony re lative thereto shall be admitted 24
unless the employer or its representative has available findings and reports of the 25
pathologist or doctor who performed the autopsy examination. 26
(7) No compensation shall be payable for occupational disease if the employee at the 27
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time of entering the employment of the employer by whom compensation would 1
otherwise be payable, falsely represented himself or herself, in writing, as not 2
having been previously disabled, laid-off, or compensated in damages or otherwise, 3
because of the occupational disease, or failed or omitted truthfully to state to the 4
best of his or her knowledge, in answer to written inquiry made by the employer, 5
the place, duration, and nature of previous employment, or, to the best of his or her 6
knowledge, the previous state of his or her health. 7
(8) No compensation for death from occupational disease shall be payable to any 8
person whose relationship to the deceased, which under the provisions of this 9
chapter would give right to compensation, arose subsequent t o the beginning of the 10
first compensable disability, except only for after -born children of a marriage 11
existing at the beginning of such disability. 12
(9) Whenever any claimant misconceives his or her remedy and files an application for 13
adjustment of claim u nder the general provisions of this chapter and it is 14
subsequently discovered, at any time before the final disposition of the cause, that 15
the claim for injury, disability, or death which was the basis for his or her 16
application should properly have been m ade under the provisions of this section, 17
then the application so filed may be amended in form or substance, or both, to 18
assert a claim for injury, disability, or death under the provisions of this section, and 19
it shall be deemed to have been so filed as amended on the date of the original filing 20
thereof, and compensation may be awarded that is warranted by the whole evidence 21
pursuant to the provisions of this chapter. When amendment of this type is 22
submitted, further or additional evidence may be heard whe n deemed necessary. 23
Nothing this section contains shall be construed to be or permit a waiver of any of 24
the provisions of this chapter with reference to notice of time for filing of a claim, 25
but notice of filing a claim, if given or done, shall be deemed t o be a notice of filing 26
of a claim under provisions of this chapter, if given or done within the time required 27
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by this subsection. 1
(10) When an employee has an occupational disease that is covered by this chapter, the 2
employer in whose employment he or she was last injuriously exposed to the hazard 3
of the disease, and the employer's insurance carrier, if any, at the time of the 4
exposure, shall alone be liable therefor, without right to contribution from any prior 5
employer or insurance carrier, except as otherwise provided in this chapter. 6
(11) (a) For claims filed on or before June 30, 2017, income benefits for coal -related 7
occupational pneumoconiosis shall be paid fifty percent (50%) by the 8
Kentucky coal workers' pneumoconiosis fund as established in KRS 34 2.1242 9
and fifty percent (50%) by the employer in whose employment the employee 10
was last exposed to the hazard of that occupational disease. 11
(b) Income benefits for coal-related occupational pneumoconiosis for claims filed 12
after June 30, 2017, shall be pai d by the employer in whose employment the 13
employee was last exposed to the hazards of coal workers' pneumoconiosis. 14
(c) Compensation for all other occupational disease shall be paid by the employer 15
in whose employment the employee was last exposed to the h azards of the 16
occupational disease. 17
(12) A concluded claim for benefits by reason of contraction of coal workers' 18
pneumoconiosis in the severance or processing of coal shall bar any subsequent 19
claim for benefits by reason of contraction of coal workers' pn eumoconiosis, unless 20
there has occurred in the interim between the conclusion of the first claim and the 21
filing of the second claim at least two (2) years of employment wherein the 22
employee was continuously exposed to the hazards of the disease in the 23
Commonwealth. 24