Procedures -- Report -- Payment of costs -- Performance assessment of medical
schools -- Use of telehealth.
(1) For workers who have had injuries or occupational hearing loss, the commissioner
shall contract with the University of Kentucky, the University of Louisville, and the
University of Pikeville medical schools to evaluate workers. For workers who have
become affected by occupational diseases, the commissioner shall contract with the
University of Kentucky, the University of Louisville, and the University of
Pikeville medical schools, or other physicians otherwise duly qualified as "B"
readers who are licensed in the Commonwealth and are board-certified pulmonary
specialists. Referral for evaluation may be made whenever a medical question is at
issue.
(2) The physicians and institutions performing evaluations pursuant to this section shall
render reports encompassing their findings and opinions in the form prescribed by
the commissioner. Except as otherwise provided in KRS 342.316, the clinical
findings and opinions of the designated evaluator shall be afforded presumptive
weight by administrative law judges and the burden to overcome such findings and
opinions shall fall on the opponent of that evidence. When administrative law
judges reject the clinical findings and opinions of the designated evaluator, they
shall specifically state in the order the reasons for rejecting that evidence.
(3) The commissioner or an administrative law judge may, upon the application of any
party or upon his own motion, direct appointment by the commissioner, pursuant to
subsection (1) of this section, of a medical evaluator to make any necessary medical
examination of the employee. Such medical evaluator shall file with the
commissioner within fifteen (15) days after such examination a written report. The
medical evaluator appointed may charge a reasonable fee not exceeding fees
established by the commissioner for those services.
(4) Within thirty (30) days of the receipt of a statement for the evaluation, the employer
or carrier shall pay the cost of the examination. Upon notice from the commissioner
that an evaluation has been scheduled, the insurance carrier shall forward within
seven (7) days to the employee the expenses of travel necessary to attend the
evaluation at a rate equal to that paid to state employees for travel by private
automobile while conducting state business.
(5) Upon claims in which it is finally determined that the injured worker was not the
employee at the time of injury of an employer covered by this chapter, the special
fund shall reimburse the carrier for any evaluation performed pursuant to this
section for which the carrier has been erroneously compelled to make payment.
(6) Not less often than annually the designee of the secretary of the Cabinet for Health
and Family Services shall assess the performance of the medical schools and render
findings as to whether evaluations conducted under this section are being rendered
in a timely manner, whether examinations are conducted in accordance with
medically recognized techniques, whether impairment ratings are in conformity
with standards prescribed by the "Guides to the Evaluation of Permanent
Impairment," and whether coal workers' pneumoconiosis examinations are
conducted in accordance with the standards prescribed in this chapter.
(7) The General Assembly finds that good public policy mandates the realization of the
potential advantages, both economic and effectual, of the use of telehealth. The
commissioner may, to the extent that he or she finds it feasible and appropriate,
require the use of telehealth, as defined in KRS 211.332, in the independent medical
evaluation process required by this chapter.
Effective: June 27, 2025
History: Amended 2025 Ky. Acts ch. 93, sec. 5, effective June 27, 2025. -- Amended
2021 Ky. Acts ch. 67, sec. 11, effective June 29, 2021. -- Amended 2018 Ky. Acts
ch. 40, sec. 8, effective July 14, 2018; and ch. 187, sec. 6, effective July 1, 2019. --
Amended 2010 Ky. Acts ch. 24, sec. 1815, effective July 15, 2010; and ch. 90, sec.
3, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 24, sec. 29, effective June
26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 611, effective June 20, 2005. --
Amended 2002 Ky. Acts ch. 340, sec. 1, effective July 15, 2002. -- Amended 2001
Ky. Acts ch. 57, sec. 2, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 514,
sec. 22, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 566,
effective July 15, 1998. -- Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 15,
effective December 12, 1996. -- Amended 1996 Ky. Acts ch. 355, sec. 11, effective
July 15, 1996. -- Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 40, effective
January 4, 1988. -- Amended 1956 Ky. Acts ch. 77, sec. 11. -- Amended 1950 Ky.
Acts ch. 188, sec. 2. -- Amended 1948 Ky. Acts ch. 151, sec. 3. -- Amended 1946
Ky. Acts ch. 23, sec. 3; and ch. 37, sec. 8. -- Amended 1944 Ky. Acts ch. 82, sec. 2. -
- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 4941.
Notes of Decisions
Cited in
70
cases (
9 in the last 5 years), 1944–2025 · leading case:
Magic Coal Co. v. Fox, 19 S.W.3d 88 (Ky. 2000).
Magic Coal Co. v. Fox, 19 S.W.3d 88 (Ky. 2000).
· cites it 73× “The 1996 version of KRS 342.315 provides, in pertinent part, as follows: (1) The commissioner shall contract with the University of Kentucky and the University of Louisville medical schools to evaluate workers who have had injuries or become affected by occupational diseases…”
Morrison v. Home Depot, 197 S.W.3d 531 (Ky. 2006).
· cites it 46× “An Administrative Law Judge (ALJ) overruled the claimant's motion to strike, rejecting an assertion that the physician was not a university evaluator within the meaning of KRS 342.”
Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (Ky. 2011).
· cites it 12× “316, along with the relevant subsections of KRS 342.315 and KRS 342.794, we believe that coal workers’ pneumoconiosis claimants are subjected to much more stringent statutory treatment than all other pneumoconiosis claimants.”
Bullock v. Goodwill Coal Co., 214 S.W.3d 890 (Ky. 2007).
· cites it 6× “OPINION OF THE COURT KRS 342.315(2) requires an Administrative Law Judge (ALJ) to afford the clinical findings and opinions of a designated university evaluator presumptive weight; requires the opponent of such evidence to overcome it; and requires an ALJ to state specific…”
Bright v. Am. Greetings Corp., 62 S.W.3d 381 (Ky. 2001).
· cites it 6× “Fox, supra , we determined that KRS 342.315(2) creates a rebuttable presumption that is governed by KRE 301 and, therefore, does not shift the burden of persuasion.”
Durham v. Peabody Coal Co., 272 S.W.3d 192 (Ky. 2008).
· cites it 4× “KRS 342.315(1) permits an ALJ to order a university evaluation in order to obtain unbiased expert testimony whenever a medical question is at issue.”
Morrison v. Home Depot, 279 S.W.3d 172 (Ky. Ct. App. 2009).
· cites it 5× “Holding “[a] physician who is not affiliated with a university medical school is not a proper evaluator under KRS 342.315[,]” the Court reversed and remanded the matter to the ALJ for additional proceedings.”
Thomas v. United Parcel Serv., 58 S.W.3d 455 (Ky. 2001).
· cites it 4× “Nickerson, who was appointed as a university evaluator under KRS 342.315, examined the claimant and reviewed his medical records.”
Roberts v. Roberts, 67 S.W.3d 605 (Ky. Ct. App. 2001).
· cites it 4× “4 , In Magic Coal, the *607 Court held that KRS 342.315(2) was properly governed by KRE 301.”
GSI Com. v. Thompson, 409 S.W.3d 361 (Ky. Ct. App. 2012).
“Loeb has tested (sic) otherwise but KRS 342.315 requires the undersigned to give presumptive weight to the university evaluator.”
Holland v. Childers Coal Co., 384 S.W.2d 293 (Ky. Ct. App. 1964).
· cites it 2× “On November 7, 1963, pursuant to KRS 342.315, the board appointed Dr. T. Rothrock Miller, an orthopedic surgeon, to examine the claimant.”
— Ky. Rev. Stat. § 342.315(1) — 5 cases
Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (Ky. 2011).
“316, along with the relevant subsections of KRS 342.315 and KRS 342.794, we believe that coal workers’ pneumoconiosis claimants are subjected to much more stringent statutory treatment than all other pneumoconiosis claimants.”
Durham v. Peabody Coal Co., 272 S.W.3d 192 (Ky. 2008).
“KRS 342.315(1) permits an ALJ to order a university evaluation in order to obtain unbiased expert testimony whenever a medical question is at issue.”
— Ky. Rev. Stat. § 342.315(13) — 1 case
Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (Ky. 2011).
“316, along with the relevant subsections of KRS 342.315 and KRS 342.794, we believe that coal workers’ pneumoconiosis claimants are subjected to much more stringent statutory treatment than all other pneumoconiosis claimants.”
— Ky. Rev. Stat. § 342.315(2) — 25 cases
Magic Coal Co. v. Fox, 19 S.W.3d 88 (Ky. 2000).
“The 1996 version of KRS 342.315 provides, in pertinent part, as follows: (1) The commissioner shall contract with the University of Kentucky and the University of Louisville medical schools to evaluate workers who have had injuries or become affected by occupational diseases…”
Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (Ky. 2011).
“316, along with the relevant subsections of KRS 342.315 and KRS 342.794, we believe that coal workers’ pneumoconiosis claimants are subjected to much more stringent statutory treatment than all other pneumoconiosis claimants.”
Bullock v. Goodwill Coal Co., 214 S.W.3d 890 (Ky. 2007).
“OPINION OF THE COURT KRS 342.315(2) requires an Administrative Law Judge (ALJ) to afford the clinical findings and opinions of a designated university evaluator presumptive weight; requires the opponent of such evidence to overcome it; and requires an ALJ to state specific…”
Bright v. Am. Greetings Corp., 62 S.W.3d 381 (Ky. 2001).
“Fox, supra , we determined that KRS 342.315(2) creates a rebuttable presumption that is governed by KRE 301 and, therefore, does not shift the burden of persuasion.”
Morrison v. Home Depot, 197 S.W.3d 531 (Ky. 2006).
“An Administrative Law Judge (ALJ) overruled the claimant's motion to strike, rejecting an assertion that the physician was not a university evaluator within the meaning of KRS 342.”
— Ky. Rev. Stat. § 342.315(3) — 1 case
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.