Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
342.040,
342.320,
342.732(1)(a)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
342.260(1) requires the
executive director to promulgate administrative regulations necessary to
implement the provisions of KRS Chapter 342.
KRS
342.270(3) requires that the
executive director promulgate an administrative regulation to establish
procedures for the resolution of claims.
KRS
342.732 and
342.792
set forth the requirements for retraining incentive benefits. This
administrative regulation establishes requirements for computing attorney's fee
awards for claims for retraining incentive benefits in order to assist with the
claims process and allow claimants to obtain appropriate legal assistance from
an attorney.
Section 1.
(1) Awards for an attorney's fee involving
retraining incentive benefits shall be made in accordance with
KRS
342.320 and
342.040.
(2) If benefits are awarded for retraining
pursuant to
KRS
342.732(1)(a), an attorney
shall file a motion to request an attorney's fee.
(3) Interim attorney's fees shall only be
paid upon the review and order of an administrative law judge.
(4)
(a)
Interim attorney's fee motions shall be filed not less than six (6) months from
the time the claimant is enrolled in a bona fide retraining program or GED
program.
(b) Interim attorney's
fee motions may be filed:
1. At six (6) months
intervals following the first order for the interim attorney's fee;
2. At the completion of training;
or
3. Upon termination from the
program.
Section 2.
(1) A value shall be placed on the award, and
an attorney's fee shall be awarded if the claimant:
(a) Is enrolled and has been accepted in a
bona fide training program or GED program; and
(b) Does not defer the beginning of benefits
pursuant to
KRS
342.732(1)(a) 5.
(2) If the claimant has enrolled
in a bona fide retraining program or GED program, the value of the award shall
be based upon the number of weeks completed at the time the interim attorney's
fee motion is filed.
(3)
(a) Any value computed for an attorney's fee
shall be limited to the number of weeks of the program completed multiplied by
the weekly benefits paid to the claimant.
(b) Costs of tuition, books, completion bonus
and moving expenses shall not be considered as part of the benefits in
computing the attorney's fee.
(4) An original award for retraining pursuant
to
KRS
342.732(1)(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
342.320(2)(a).
(5) All interim fees awarded by an
administrative law judge as specified in subsection (4) of this section shall
be paid directly to the attorney in a lump sum by the employer, its insurance
carrier or the Coal Workers' Pneumoconiosis Fund (CWPF), subject to the
percentage limitations specified in
KRS
342.320(2)(a).
(6) If the amount withheld by the employer,
its insurance carrier or the Coal Workers' Pneu-moconiosis Fund (CWPF), as
required by subsection (4) of this section, is greater than the amount of the
attorney's fee for the interim period, the excess amount shall be paid to the
claimant.
STATUTORY AUTHORITY: KRS 340.260(1),
342.270(3),
342.732(5)
