Adoption of life expectancy tables -- Processes and procedure -- Subpoenas -- Duties of sheriff and Circuit Court.
(1) The commissioner shall promulgate administrative regulations as he or she considers necessary to carry on the work of the department and the work of the administrative law judges and may promulgate administrative regulations not inconsistent with this chapter and KRS Chapter 13A for carrying out the provisions of this chapter.
(2) The commissioner shall promulgate administrative regulations on or before December 31, 2015, establishing the information necessary to be received to create an e-mail notification system where a person may enter his or her e-mail address into the Insurance Coverage Look-up database established by the Department of Workers' Claims and be notified of any cancellation of a specific business' workers' compensation coverage.
(3) The commissioner shall develop or adopt life expectancy tables for use in making computations for the apportionment of benefits under KRS 342.120, computation of attorneys' fees under KRS 342.320, and for use in all other situations arising under this chapter in which the calculation of a life expectancy is necessary or desirable, including the computation of assessments or reserves for self-insurers. The commissioner may adopt life tables published by the United States Department of Health and Human Services or other life tables developed by a qualified entity, as determined by the commissioner. The life tables developed or adopted by the commissioner through the promulgation of administrative regulations in effect as of the date of an opinion, award, or settlement approved by an administrative law judge shall apply to computations concerning that opinion, award, or settlement.
(4) Processes and procedures under this chapter shall be as summary and simple as reasonably possible. The board or any member thereof or any administrative law judge for the purpose of this chapter, may subpoena witnesses, administer or cause to have administered oaths, and examine or cause to have examined those parts of the books and records of the parties to a proceeding as relate to questions in dispute.
(5) The sheriff shall serve all subpoenas of the board and administrative law judges and shall receive the same fee as provided by law for like service in civil actions. Each witness who appears in obedience to the subpoena of the board or any administrative law judge shall receive for attendance the fees and mileage for witnesses in civil cases in the Circuit Courts.
(6) The Circuit Court shall, on application of the board, any member thereof, or any administrative law judge, enforce by proper proceedings the attendance and testimony of witnesses and the production and examination of books, papers, and records. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 80, sec. 2, effective July 15, 2014. -- Amended 2010 Ky. Acts ch. 24, sec. 1807, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 514, sec. 15, effective July 14, 2000. -- Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 60, effective December 12, 1996. -- Amended 1996 Ky. Acts ch. 355, sec. 8, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 181, Part 15, sec. 81, effective April 4, 1994. -- Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 29, effective January 4, 1988. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4618-112, 4930.
Notes of Decisions
Workers' Comp. Bd. v. Siler, 840 S.W.2d 812 (Ky. 1992).
“The Board is granted the authority under KRS 342.260 to promulgate regula *813 tions necessary to carry on its work, including regulations necessary for reviewing decisions of the AU.”
Staton v. Poly Weave Bag Co., 930 S.W.2d 397 (Ky. 1996).
“In 1995, 803 KAR 25:010, § 1(5) was promulgated by the Department of Workers’ Claims pursuant to KRS 342.260. The regulation provides that documents are deemed to be “filed” as of three days “after the date set forth on the final order or opinion.”
Kentucky Container Serv., Inc. v. Ashbrook, 265 S.W.3d 793 (Ky. 2008).
“3 KRS 342.260(1) charges the Office’s Executive Director with promulgating regulations necessary to effectuate the purposes of Chapter 342.”
Int'l Harvester Co. v. Brown, 286 S.W.2d 920 (Ky. Ct. App. 1956).
“While some of the evidence objected to might properly have been introduced in rebuttal, in the main it should have been introduced in chief, but under section 4930 of the statutes (now KRS 342.260) the board is not required to follow strict technical rules of common law…”
McCreary Cnty. Bd. of Educ. v. Begley, 89 S.W.3d 417 (Ky. 2002).
· cites it 3× “228 gives the Commissioner of the DWC jurisdiction to administer Chapter 342, and KRS 342.260 vests the Commissioner, rather than the Board, with the authority to promulgate administrative regulations for implementing Chapter 342.”
Travelers Ins. Co. v. Carter, 235 S.W.2d 1003 (Ky. Ct. App. 1951).
“” We are of the opinion that, under KRS 342.260, the Workmen’s .Compensation Board had jurisdiction to compel the production of the written statement, and that to pass on the question in this action would be an unwarranted interference with the jurisdiction of the Board.”
Ms Companies v. Jonathan Hawk (Ky. 2023).
“17 See KRS 342.260(4) (“Processes and procedures under this chapter shall be as summary and simple as reasonably possible.”
Winston Ford Constr. Co. v. Maggard, 560 S.W.2d 562 (Ky. Ct. App. 1977).
“KRS 342.260(1). Under this authority the Board promulgated the following regulation: All persons shall be joined as defendants against whom the ultimate right to any relief may exist, whether jointly, severally, or in the alternative.”
Travelers Ins. Co. v. Hayes, 410 S.W.2d 147 (Ky. Ct. App. 1966).
“KRS 342.260(2) provides in part as follows : “Processes and procedure under this chapter shall be as summary and simple as reasonably possible.”
— Ky. Rev. Stat. § 342.260(1) — 3 cases
Kentucky Container Serv., Inc. v. Ashbrook, 265 S.W.3d 793 (Ky. 2008).
“3 KRS 342.260(1) charges the Office’s Executive Director with promulgating regulations necessary to effectuate the purposes of Chapter 342.”
McCreary Cnty. Bd. of Educ. v. Begley, 89 S.W.3d 417 (Ky. 2002).
“228 gives the Commissioner of the DWC jurisdiction to administer Chapter 342, and KRS 342.260 vests the Commissioner, rather than the Board, with the authority to promulgate administrative regulations for implementing Chapter 342.”
Winston Ford Constr. Co. v. Maggard, 560 S.W.2d 562 (Ky. Ct. App. 1977).
“KRS 342.260(1). Under this authority the Board promulgated the following regulation: All persons shall be joined as defendants against whom the ultimate right to any relief may exist, whether jointly, severally, or in the alternative.”
— Ky. Rev. Stat. § 342.260(2) — 1 case
Travelers Ins. Co. v. Hayes, 410 S.W.2d 147 (Ky. Ct. App. 1966).
“KRS 342.260(2) provides in part as follows : “Processes and procedure under this chapter shall be as summary and simple as reasonably possible.”
— Ky. Rev. Stat. § 342.260(4) — 1 case
Ms Companies v. Jonathan Hawk (Ky. 2023).
“17 See KRS 342.260(4) (“Processes and procedures under this chapter shall be as summary and simple as reasonably possible.”
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