Kentucky Revised Statutes

Ky. Rev. Stat. § 342.715 (2026)

Calculation of benefits during participation in vocational or physical

✓ current as of May 2026

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rehabilitation program. Notwithstanding the provisions of KRS 342.730, during the period the employee is eligible for permanent total disability benefits and is actively participating in a vocational or physical rehabilitation program, pursuant to an order of the administrative law judge, the employee's benefits shall be calculated by taking eighty percent (80%) of his average weekly wage, but not more than one hundred percent (100%) of the state's average weekly wage, times the permanent disability rating as determined in this chapter. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 514, sec. 29, effective July 14, 2000. -- Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 29, effective December 12, 1996. -- Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 62, effective January 4, 1988. -- Created 1980 Ky. Acts ch. 104, sec. 19, effective July 15, 1980.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1993–2022 · leading case: Pinkston v. Teletronics, Inc., 4 S.W.3d 130 (Ky. 1999).

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Pinkston v. Teletronics, Inc., 4 S.W.3d 130 (Ky. 1999). · cites it 12× “710 and KRS 342.715. Claimant’s date of birth is October 23, 1944.”

McCoy Elkhorn Coal Corp. v. Sullivan, 862 S.W.2d 891 (Ky. 1993). · cites it 2× “-710 and KRS 342.715, regardless of his pneu-moconiosis.”

Arch of Kentucky, Inc. v. Halcomb, 925 S.W.2d 460 (Ky. 1996). · cites it 3× “710 and KRS 342.715. The majority concluded that the 1994 amendment to KRS 342.”

Breeding v. Colonial Coal Co., 975 S.W.2d 914 (Ky. 1998). “710 and KRS 342.715, the question of whether he would have been entitled to retraining for other employment under those sections of the Act was not before us.”

Neighborsv. River City Interiors, 187 S.W.3d 319 (Ky. 2006). “710(7) permits income benefits to be accelerated, and KRS 342.715 provides an enhanced income benefit during any period that a worker who is eligible for permanent total disability benefits actively participates in physical or vocational rehabilitation.”

Kindred Healthcare v. Carlye Harper (Ky. 2022). · cites it 3× “710 or payment of rehabilitation income benefits pursuant to KRS 342.715. The injured worker filed a motion to reopen.”

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