Kentucky Workers Compensation Legal Questions

Hello Robert.  Your employer is responsible for all reasonable and necessary medical care that flows from your work injury pursuant to KRS 342.020.  The fact that you are no longer employed there is not relevant.  I would contact the employer's insurance carrier and send the bill to them for payment.... Read More

Under KY WC law, if your doctor releases you to work -- any work -- then the WC insurance company can leaglly stop your lost wage compensation. If your employer is willing to accept you back and you decline, then you can be fired for no-show unexcused absences. You need to take the release from your doctor and present yourself for work. In all likelihood, the doctor has sent a copy of the release to your employer and/or the WC insurance company. You can try to find a new doctor and you can try to talk with your doctor, but in all likelihood you are stuck.  Your next viable option is likely trying to work out some type of settlement -- lots of options -- of your claim.... Read More

You have the absolute right to see a doctor.  If your employer is blocking your claim, then you can contact the OMBUDSMAN at the Department of Workers' Claims to confirm that your employer does have WC insurance. If there is no WC insurance, then you can file a coverage complaint against your employer. Do not let your employer stop you from seeking medical attention.... Read More

From what you describe, you would likely have to file suit in Missouri, especially if the company does not have any Kentucky based facilities. You may be able to file an administrative complaint with the Missouri Department of Labor -- Missouri Wage Complaint Process. You may also wish to consult with a lawyer in Missouri -- Possible Lawyer Contact.  There are many lawyer listed on line and if this firm cannot help, perhaps they could make a refferral.... Read More

Permanent restrictions are a factor to establish a whole person permanent partial impairment rate.  The rate -- along with some other factors -- then translates into a financial award for permanent disability.  In KY, these calculations are set by statute. Your employer likely does not have to create a job or provide light duty to accommodate your restrictions.  While you may have some protection under the Americans With Disabilities Act, such claims are difficult and take a long time to pursue. The KY WC system is designed and administered to encourage settlement of claims. You are likely stuck seeking work within your restrictions and moving to resolve your claim. ... Read More

Have you obtained an off-work disability note from your doctor and had the note sent to the insurance company? You have the legal obligation to provide proof of your medical and off-work status to the insurance company.  Many insurance companies obtain medical relases and treatment histories from injured workers and collect the information. However, since you are the one making the claim, you have the primary obligation to establish the claim. You may wish to by-pass the employer and call the insurance company directly.  If your employer willnot give you the contact information, then you can get that information by calling the Department of Workers Claims in Frankfort.... Read More

Kentucky rules for lost wages and return to work are fairly severe and anti-worker: Your employer does not have to hold your job for you. Your employer does not have to provide light duty work. If you are restricted to light duty, the insurance company does not have to pay for lost wages. Kentucky is an employment-at-will state which means that you can quit or be fired at any time for any legal reason or for no reason at all.  Giving notice does not obligate anyone to anything. In my opinion, based upon the circumstances you have described, you do not have a viable lost wage claim. You may be entitled to other benefits or compensation under your claim.... Read More

2% is a fairly minimal rating.  For 2% alone, $9500 is pretty good. However, the insurance company also wants your future medical care settle.  The question is whether you still have residual problems and whether you are still under care. I recommend having a heart-to-heart with your orthopaedist as to your prognosis.  Based upon what your doctor tells you, you can then make a reasonable decision on settlement.... Read More

If everything in your post to correct, then the answer is "yes." However, expect the insurance company to file a medical bill fee dispute with the Department of Workers' Claims (DWC).  You and your doctor will be required to present evidence of causal relationship of the new condition to the original injury. DWC has 2 judges assigned full time to handle these disputes. Usually, the assigned judge will set up a confeence call with you, your doctor, and the insurance company representative to try to resolve the dispute.  The judge will want your records in advance.  The burden is on the insurance company to prove that the surgey is not related to the claim.  If no agreement is reached, then the judge will decide the issue. If the surgery is allowed, then you will get lost wages based upon your earnings at the time of the original injury.  ... Read More

Contact the Department of Workers' Claims (DWC) in Frankfort to file a medical dispute. DWC has established a special docket with dedicated judges and staff to assist injured workers in pursuing medical disputes. Under current KY law, there is no lawful way for an attorney to earn a fee by handling post-allowance medical disputes and there is no indication that the KY Legislature is even considering addressing the issue.  Medical disputes can take a great deal of time to resolve. The number for DWC is 502-564-5550.... Read More

If a worker is off work -- for any reason -- then an employer has no obligation under Kentucky workers' compensation laws to continue any employer provided benefits, i.e., health insurance, holiday pay, 401(k) match, accruing additional vacation days, etc. An employer cannot revoke previously vested benefits.  As for previously accrued vacation days, if the employer has a policy previously in effect that requires vacation days to be used within a certain time frame or limits the number of days that can be accrued, then that policy is enforceable. Please understand that there is no legal obligation for an employer to provide any vacation days or vacation pay. The exception is if there is a collective bargaining agreement or some other written employment contact that specifically addresses the issue of vacation days.... Read More

This is a medical issue between you and your doctor.  The better question is whether you doctor will provide a AMA 5th Edition permanent whole person impairment rate at this time.  If your doctor believes that you consdition is permanent and has reached maximum medical improvement, then you should pass that information on to your attorney so that he/she can contact your doctor.... Read More

There is really no limit as to the number of exams the carrier can jump you through.  Around 5 months or so between exams is not unreasonable., especially if there has been a change in your condition or significant medical services requested. Likewise, if you have filed a 101 package with DWC, then you likely included a Form 107 impairment evaluation.  The insurer is within its rights to schedule an exam.... Read More

Under KY WC law, the first 7 days of disability are not paid until an injured worker is off for 14 days.  Thus, if the injured worker misses 13 days, then only days 8-13 are paid.  However, once that 14 day threshold is reached, then all 14 days get paid. Under KY WC law, insurance companies are required to act in good faith to timely process and pay claims.  The term "good faith" is somewhat vague and allows insurance companies a fair amount of wiggle room.... Read More

If you are a current federal employee or postal employee covered by the Civil Service Retirement System and you want to apply for medical disability retirement there are two forms you must use.You must complete a SF 3107 form to apply for your annuity.  And you must complete a SF 3112 form to apply for disability retirement.Your doctor will need to complete part of the SF 3112.  You employer must complete other parts.  You must submit the SF 3112 within one year of the date you separated from your federal job. Click here.... Read More