Kentucky Revised Statutes

Ky. Rev. Stat. § 342.792 (2026)

Consideration, reopening, and filing of claims of miners who were last

✓ current as of May 2026

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exposed to hazards on certain dates -- Benefits.

(1) The claim of any miner last exposed to the occupational hazards of coal workers' pneumoconiosis between December 12, 1996, and July 15, 2002, shall nonetheless be governed by the provisions of KRS 342.732 and notwithstanding the provisions of KRS 342.125 all claims for benefits which were filed for last injurious occupational exposure to coal dust occurring between December 12, 1996, and July 15, 2002, shall be considered pursuant to the provisions of KRS 342.732 and administrative regulations promulgated by the commissioner, and closed claims, except claims dismissed for reasons other than failure to meet medical eligibility standards, may be reopened by the claimant. Income or retraining incentive benefits shall be awarded thereon as if the entitlement standards established by the amendments to KRS 342.732 were effective at the time of last exposure. Any benefits previously granted by an award or settlement shall be credited against any subsequent award or settlement and no interest shall be payable on additional benefits. A previous grant of retraining incentive benefits shall be credited only to the extent that the benefits were actually paid. All income or retraining incentive benefits greater than those which would have been awarded were not these new provisions applicable shall be paid without interest from the Kentucky coal workers' pneumoconiosis fund, the provisions of KRS 342.1242 notwithstanding, for claims filed on or before June 30, 2017, and by the employer for claims filed after June 30, 2017.

(2) The original claim of any miner last exposed to the occupational hazards of coal workers' pneumoconiosis prior to December 12, 1996, which was subject to a university evaluation pursuant to KRS 342.315 and was dismissed upon a finding that the miner did not prove the presence of coal workers' pneumoconiosis radiographically may be reopened by the claimant notwithstanding the provisions of KRS 342.125, pursuant to administrative regulations adopted by the commissioner. Income benefits may be awarded thereon pursuant to entitlement standards effective as of the date of last exposure, except the income or retraining benefits shall be paid without interest from the Kentucky coal workers' pneumoconiosis fund, the provisions of KRS 342.1242 notwithstanding, for claims filed on or before June 30, 2017, and by the employer for claims filed after June 30, 2017.

(3) Notwithstanding the provisions of KRS 342.316(4)(a), the coal workers' pneumoconiosis claim of any miner last exposed between December 12, 1996, and July 15, 2002, may be filed with the commissioner on or before December 12, 2003, or within the time frame prescribed by KRS 342.316(4)(a), whichever is longer. All income or retraining incentive benefits greater than those which would have been awarded were not these new provisions applicable shall be paid by the Kentucky coal workers' pneumoconiosis fund without interest, the provisions of KRS 342.1242 notwithstanding, for claims filed on or before June 30, 2017, and by the employer for claims filed after June 30, 2017. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 40, sec. 16, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 173, sec. 8, effective April 10, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1851, effective July 15, 2010. -- Created 2002 Ky. Acts ch. 340, sec. 4, effective July 15, 2002.

Notes of Decisions

Cited in 5 cases, 2005–2011 · leading case: Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (Ky. 2011).

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Vision Mining, Inc. v. Gardner, 364 S.W.3d 455 (Ky. 2011). “The adoption of the consensus process and enactment of KRS 342.792 imply a conclusion by the 2002 General Assembly that opinions from a panel of three physicians who are also “B” readers, but who are hired by the commissioner, would be unbiased.”

Bolin v. T & T Mining, 231 S.W.3d 130 (Ky. 2007). “On September 18, 2002, he filed an application for benefits under the newly-enacted KRS 342.792(1). Based on unanimous evidence of category 1 disease and on spirometric values at between 55% and 80% of the predicted normal, an ALJ awarded 425 weeks of income benefits based on a…”

Hunter Excavating v. Bartrum, 168 S.W.3d 381 (Ky. 2005). “On August 5, 2002, he applied for benefits under the newly-enacted KRS 342.792. He filed with his application an April 8, 2002, x-ray and Dr.”

Day v. Fairbanks Coal Co., 160 S.W.3d 777 (Ky. 2005). · cites it 3× “The employer conceded that because the claimant’s last exposure occurred between December 12, 1996, and July 15, 2002, KRS 342.792 applied. As enacted effective July 15, 2002, KRS 342.”

Howard v. Peabody Coal Co., 185 S.W.3d 165 (Ky. 2006). “732(l)(a) shall direct the employer and its insurance carrier or Coal Workers’ Pneumoconiosis Fund (CWPF), in claims brought under KRS 342.792, to withhold a specified amount or percentage from each benefit payment in accordance with the percentage limitations specified in KRS…”

— Ky. Rev. Stat. § 342.792(1) — 2 cases

Day v. Fairbanks Coal Co., 160 S.W.3d 777 (Ky. 2005). “The employer conceded that because the claimant’s last exposure occurred between December 12, 1996, and July 15, 2002, KRS 342.792 applied. As enacted effective July 15, 2002, KRS 342.”

— Ky. Rev. Stat. § 342.792(3) — 1 case

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