Form.
(1) As used in this section, "physician" means physicians and surgeons, psychologists,
optometrists, dentists, podiatrists, and osteopathic and chiropractic practitioners
acting within the scope of the license or other credentials required by his or her
specialty of practice in the United States jurisdiction in which he or she is
authorized to practice, and any retired physician previously authorized to practice in
the Commonwealth of Kentucky, who surrendered his or her license while in good
standing with their respective licensing board and was not subject to an ongoing
investigation for improper practices.
(2) In a claim for benefits, no party may introduce direct testimony from more than two
(2) physicians without prior consent from the administrative law judge. The motion
requesting additional testimony shall clearly demonstrate the need for such
additional testimony. A party may introduce direct testimony from a physician
through a written medical report. The report shall become a part of the evidentiary
record, subject to the right of an adverse party to object to the admissibility of the
report and to cross-examine the reporting physician. The commissioner shall
promulgate administrative regulations prescribing the format and content of written
medical reports.
Effective: July 15, 2024
History: Amended 2024 Ky. Acts ch. 33, sec. 2, effective July 15, 2024. -- Amended
2010 Ky. Acts ch. 24, sec. 1781, effective July 15, 2010. -- Amended 2000 Ky. Acts
ch. 514, sec. 3, effective July 14, 2000. -- Amended 1996 (1st Extra. Sess.) Ky. Acts
ch. 1, sec. 53, effective December 12, 1996. -- Amended 1994 Ky. Acts ch. 181, Part
5, sec. 18, effective April 4, 1994. -- Created 1987 (1st Extra. Sess.) Ky. Acts ch. 1,
sec. 28, effective October 26, 1987.
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1991–2022 · leading case:
Copar, Inc. v. Rogers, 127 S.W.3d 554 (Ky. 2003).
Copar, Inc. v. Rogers, 127 S.W.3d 554 (Ky. 2003).
· cites it 2× “Although the employer also asserts that the ALJ erred by violating the limitation on the number of testifying physicians that is found in KRS 342.033, that argument was never raised to the ALJ.”
Union Underwear Co. v. Scearce, 896 S.W.2d 7 (Ky. 1995).
· cites it 5× “Second, appellant argues that the use of the Form 107, as provided by KRS 342.033 and 803 KAR 25:011 § 13, was constitutionally defective.”
Adams v. Nhc Healthcare, 199 S.W.3d 163 (Ky. 2006).
“Even had he made a timely request, 803 KAR 25:010, § 14(2) would have prohibited the ALJ from considering any additional medical opinions from his social security record that violated the limitations found in KRS 342.033. Moreover, we fail to see how the rationale for a finding…”
Cornett v. Corbin Materials, Inc., 807 S.W.2d 56 (Ky. 1991).
“803 KAR 25:011 § 13(2); KRS 342.033. On August 4, claimant made a motion for a three-day extension of his initial proof time to and including August 3.”
R.J. Corman R.R. Constr. v. Haddix, 864 S.W.2d 915 (Ky. 1993).
“KRS 342.033 permits the introduction of written medical reports and directs the Board to promulgate administrative regulations prescribing the format and content of written medical reports.”
Flat Rock Furniture v. Steven Neeley (Ky. 2017).
“Section 8(4) of that regulation provides: (4) All medical reports filed with the application for resolution of-a claim shall be admitted into evidence without further order subject to the limitations of KRS 342.033- if: (a) An objection is not filed prior to or with the filing…”
Flat Rock Furniture v. Steven Neeley (Ky. 2017).
“lSection 8(4) of that regulation provides: (4) All medical reports filed with the application for resolution of a claim shall be admitted into evidence without further order subject to the limitations of KRS 342.033 if: (a) An objection is not filed prior to or with the filing…”
Flat Rock Furniture v. Steven Neeley (Ky. 2017).
“Section 8(4) of that regulation provides: (4) All medical reports filed with the application for resolution of a claim shall be admitted into evidence without further order subject to the limitations of KRS 342.033 if: (a) An objection is not filed prior to or with the filing of…”
Perry Cnty. Bd. of Educ. v. Mark Campbell (Ky. Ct. App. 2022).
“Nor do we perceive that the 6 See generally KRS 342.033 (providing that a medical report “shall become a part of the evidentiary record, subject to the right of an adverse party to object to the admissibility of the report and to cross-examine the reporting physician.”
Miller v. Arch of Kentucky, Inc., 918 S.W.2d 748 (Ky. Ct. App. 1996).
· cites it 2× “but then submits into evidence more than two reports of two x-rays and is forced to choose, because of KRS 342.033, as amended April 4,1994, only two reports to support his substantive claim.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.