maximum and minimum income benefits for disability.
(1) For the purposes of this chapter, the average weekly wage of the state shall be
determined by the commissioner as follows: On or before September 1 of each
year, the total wages reported by subject employers under the Kentucky
Unemployment Insurance Law for the preceding calendar year shall be divided
by the average monthly number of insured workers (determined by dividing the
total number of insured workers reported for the preceding year by twelve (12).
The average annual wage thus obtained shall be divided by 52 and the
average weekly wage thus determined rounded to the nearest cent. This
average weekly wage shall be certified to the commissioner by the Education
and Labor Cabinet in a manner prescribed by the commissioner by
administrative regulation. The average weekly wage as so determined shall be
applicable for the full period during which income or death benefits are
payable, when the date of occurrence of injury or of disablement in the case of
disease, or of death, falls within the calendar year commencing January 1
following the September 1 determination.
(2) Whenever a change in the average weekly wage of the state is of an amount
that increases or decreases the minimum weekly income benefits for total
disability or death by $1 or more, or the maximum weekly income benefits for
total disability or for death by $2 or more, computed in each case and rounded
to the nearest dollar, an adjustment in those minimums or maximums which are
affected in the requisite amount by the change in the average weekly wage of
the state shall be made which will reflect the increase or decrease, but no
change in these limitations shall otherwise be made.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 163, effective July 1, 2022. --
Amended 2010 Ky. Acts ch. 24, sec. 1845, effective July 15, 2010. -- Amended
2009 Ky. Acts ch. 11, sec. 83, effective June 25, 2009. -- Amended 2006 Ky.
Acts ch. 211, sec. 161, effective July 12, 2006. -- Amended 1996 Ky. Acts ch.
271, sec. 25, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 181, Part
15, sec. 96, effective April 4, 1994. -- Amended 1980 Ky. Acts ch. 104, sec. 16,
effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(14).
-- Created 1972 Ky. Acts ch. 78, sec. 15.
Notes of Decisions
Transp. Motor Express, Inc. v. Finn, 574 S.W.2d 277 (Ky. 1978).
· cites it 10× “The maximum weekly benefits payable as determined under KRS 342.740 was $84.00. The employer and the Special Fund argue that the award was improperly computed.”
Apache Coal Co. v. Fuller, 541 S.W.2d 933 (Ky. 1976).
· cites it 4× “730 provides in part: (1) Income benefits for disability shall be paid to the employe as follows, subject to the maximum and minimum limits specified in KRS 342.740: (b) In all other cases of permanent partial disability, including any disfigurement which will impair the future…”
Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (Ky. 2011).
· cites it 2× “If an employee has a radiographic classification of category 1/0, 1/1 or 1/2, coal workers’ pneumoconiosis and spirome-tric test values of eighty percent (80%) or more, the employee shall be awarded a one (1) time only retraining incentive benefit which shall be an amount equal…”
Parker v. Webster Cnty. Coal, LLC, 529 S.W.3d 759 (Ky. 2017).
“In McDowell , we determined that KRS 342.740(4) exists to avoid duplication of income-replacement benefits.”
Riddle v. Scotty's Dev., Inc., 7 S.W.3d 385 (Ky. Ct. App. 1999).
· cites it 11× “740(2), the statute which governs how the state’s average weekly wage is determined and when adjustments are made to benefits based on that wage, refers specifically to death benefits: (2) Whenever a change in the average weekly wage of the state is of an amount that increases…”
Gen. Elec. Co. v. Morris, 670 S.W.2d 854 (Ky. 1984).
· cites it 4× “44 per week from October 11, 1977, for so long as he is disabled, and the Special Fund was ordered to pay him $4.15 per week for a like period.”
Kentucky Harlan Coal Co. v. Holmes, 872 S.W.2d 446 (Ky. 1994).
· cites it 2× “lly *449 disabled resulting from exposure to coal dust and the administrative law judge shall award income benefits equal to sixty-six and two-thirds percent (66 2/3%) of the employee's average weekly wage but not more than one hundred percent (100%) of the state average weekly…”
Cook v. Paducah Recapping Serv., 694 S.W.2d 684 (Ky. 1985).
· cites it 2× “730(1)(b) now reads: "(b) For permanent, partial disability, sixty-six and two-thirds (662/3) of the employe's average weekly wage but not more than seventy-five percent (75%) of the state average weekly wage as determined by KRS 342.740, multiplied by his percentage of…”
Transp. Motor Express, Inc. v. Finn, 568 S.W.2d 509 (Ky. Ct. App. 1977).
· cites it 6× “9 (June 17, 1977): In no event shall the non-compensable disability be applied to reduce the allowable income benefits which a claimant may receive as long as those benefits do not exceed the maximum as set forth in KRS 342.740. The amount assignable to non-compensable…”
Adkins v. R & S Body Co., 58 S.W.3d 428 (Ky. 2001).
“It provides, in pertinent part, as follows: (b) For permanent partial disability, sixty-six and two-thirds percent (66-2/3%) of the employee’s average weekly wage but not more than seventy-five percent (75%) of the state average weekly wage as determined by KRS 342.740,…”
Matney v. Newberg, 849 S.W.2d 526 (Ky. 1992).
· cites it 3× “He argues that, because he has received awards totalling more than 100% occupational disability, he should be allowed to receive both awards so long as the combined benefit does not exceed the state average weekly wage as determined by KRS 342.740. We agree with the decisions…”
Williams v. E. Coal Corp., 952 S.W.2d 696 (Ky. 1997).
“Income benefits for total disability are only 66% % of the employee’s average weekly wage, subject to a maximum of not more than 100% of the *701 state's average weekly wage as determined by the formula set forth in KRS 342.740. Income benefits for partial disability are only…”
— Ky. Rev. Stat. § 342.740(1) — 9 cases
Gen. Elec. Co. v. Morris, 670 S.W.2d 854 (Ky. 1984).
“44 per week from October 11, 1977, for so long as he is disabled, and the Special Fund was ordered to pay him $4.15 per week for a like period.”
Apache Coal Co. v. Fuller, 541 S.W.2d 933 (Ky. 1976).
“730 provides in part: (1) Income benefits for disability shall be paid to the employe as follows, subject to the maximum and minimum limits specified in KRS 342.740: (b) In all other cases of permanent partial disability, including any disfigurement which will impair the future…”
Transp. Motor Express, Inc. v. Finn, 568 S.W.2d 509 (Ky. Ct. App. 1977).
“9 (June 17, 1977): In no event shall the non-compensable disability be applied to reduce the allowable income benefits which a claimant may receive as long as those benefits do not exceed the maximum as set forth in KRS 342.740. The amount assignable to non-compensable…”
Riddle v. Scotty's Dev., Inc., 7 S.W.3d 385 (Ky. Ct. App. 1999).
“740(2), the statute which governs how the state’s average weekly wage is determined and when adjustments are made to benefits based on that wage, refers specifically to death benefits: (2) Whenever a change in the average weekly wage of the state is of an amount that increases…”
— Ky. Rev. Stat. § 342.740(2) — 2 cases
Riddle v. Scotty's Dev., Inc., 7 S.W.3d 385 (Ky. Ct. App. 1999).
“740(2), the statute which governs how the state’s average weekly wage is determined and when adjustments are made to benefits based on that wage, refers specifically to death benefits: (2) Whenever a change in the average weekly wage of the state is of an amount that increases…”
— Ky. Rev. Stat. § 342.740(4) — 4 cases
Parker v. Webster Cnty. Coal, LLC, 529 S.W.3d 759 (Ky. 2017).
“In McDowell , we determined that KRS 342.740(4) exists to avoid duplication of income-replacement benefits.”
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