(1) In accordance with administrative regulations promulgated by the commissioner, a collective bargaining agreement between an employer and a recognized or certified exclusive bargaining representative that contains the following provisions may be recognized as valid and binding:
(a) An alternative dispute resolution system to supplement, modify, or replace the provisions of this chapter that relate to the resolution of disputes, and which may include but is not limited to mediation and arbitration, the results of which may be binding upon the parties;
(b) The use of an agreed list of providers of medical treatment, which may be the exclusive source of all medical and related treatment provided under this chapter;
(c) The use of a limited list of physicians to conduct independent medical examinations;
(d) A light duty, modified job, or return-to-work program;
(e) A vocational rehabilitation or retraining program; and
(f) A twenty-four (24) hour health care coverage plan for medical benefits.
(2) A system of arbitration may provide that the decision of the arbiter is subject to review by an administrative law judge.
(3) Notwithstanding the provisions in subsection (1) of this section, no agreement shall be recognized as valid and binding that diminishes the rights of any of the parties under this chapter. Also, no agreement shall be valid and binding unless it is agreed to by the employer's insurance carrier. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1813, effective July 15, 2010. -- Created 1994 Ky. Acts ch. 181, Part 4, sec. 16, effective April 4, 1994.
Notes of Decisions
Ford Motor Co. v. Forman, 142 S.W.3d 141 (Ky. 2004).
· cites it 3× “KRS 342.277(1) does not include a system of job classifications but, even if it did, such classifications would not be binding if they served to diminish a worker’s rights under KRS 342.”
Spears v. Carhartt, Inc., 215 S.W.3d 1 (Ky. 2006).
· cites it 4× “OPINION OF THE COURT This appeal concerns a workers’ compensation claim that was submitted for Alternative Dispute Resolution (ADR), as authorized by KRS 342.277 and a collective bargaining agreement between the claimant’s union and her employer.”
Kline v. Berg Drywall, Inc., 685 N.W.2d 12 (Minn. 2004).
· cites it 2× “Presumably, an employee and employer could opt to use ADR to facilitate a settlement, but such a settlement would remain subject to the supervision of the commission under Minn.”
— Ky. Rev. Stat. § 342.277(1) — 1 case
Ford Motor Co. v. Forman, 142 S.W.3d 141 (Ky. 2004).
“KRS 342.277(1) does not include a system of job classifications but, even if it did, such classifications would not be binding if they served to diminish a worker’s rights under KRS 342.”
— Ky. Rev. Stat. § 342.277(3) — 2 cases
Spears v. Carhartt, Inc., 215 S.W.3d 1 (Ky. 2006).
“OPINION OF THE COURT This appeal concerns a workers’ compensation claim that was submitted for Alternative Dispute Resolution (ADR), as authorized by KRS 342.277 and a collective bargaining agreement between the claimant’s union and her employer.”
Ford Motor Co. v. Forman, 142 S.W.3d 141 (Ky. 2004).
“KRS 342.277(1) does not include a system of job classifications but, even if it did, such classifications would not be binding if they served to diminish a worker’s rights under KRS 342.”
— Ky. Rev. Stat. § 342.277(l)(a) — 1 case
Ford Motor Co. v. Forman, 142 S.W.3d 141 (Ky. 2004).
“KRS 342.277(1) does not include a system of job classifications but, even if it did, such classifications would not be binding if they served to diminish a worker’s rights under KRS 342.”
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