Section 342.040 - Time of payment of income benefits and retraining incentive benefits - Attorney's fees for recovery of overdue temporary total disability income benefits - Interest on overdue benefits(1) Except as provided in KRS 342.020, no income benefits shall be payable for the first seven (7) days of disability unless disability continues for a period of more than two (2) weeks, in which case income benefits shall be allowed from the first day of disability. All income benefits shall be payable on the regular payday of the employer, commencing with the first regular payday after seven (7) days after the injury or disability resulting from an occupational disease, with interest at the rate of six percent (6%) per annum on each installment from the time it is due until paid, except that if the administrative law judge determines that the delay was caused by the employee, then no interest shall be due, or determines that a denial, delay, or termination in the payment of income benefits was without reasonable foundation, then the rate of interest shall be twelve percent (12%) per annum. In no event shall income benefits be instituted later than the fifteenth day after the employer has knowledge of the disability or death. Income benefits shall be due and payable not less often than semimonthly. If the employer's insurance carrier or other party responsible for the payment of workers' compensation benefits should terminate or fail to make payments when due, that party shall notify the commissioner of the termination or failure to make payments and the commissioner shall, in writing, advise the employee or known dependent of right to prosecute a claim under this chapter.(2) If overdue temporary total disability income benefits are recovered in a proceeding brought under this chapter by an attorney for an employee, or paid by the employer after receipt of notice of the attorney's representation, a reasonable attorney's fee for these services may be awarded. The award of attorney's fees shall be paid by the employer if the administrative law judge determines that the denial or delay was without reasonable foundation. No part of the fee for representing the employee in connection with the recovery of overdue temporary total disability benefits withheld without reasonable foundation shall be charged against or deducted from benefits otherwise due the employee.(3) All retraining incentive benefits awarded pursuant to KRS 342.732 shall be payable on the regular payday of the employer, commencing with the second regular payday after the award of the retraining incentive benefit by the administrative law judge becomes final. Retraining incentive benefits shall be due and payable not less often than semimonthly.(4) Upon written request of the employee, all payments of compensation shall be mailed to the employee at his or her last known address. Amended by 2018 Ky. Acts ch. 40,§ 3, eff. 7/14/2018.Amended by 2017 Ky. Acts ch. 17,§ 2, eff. 6/29/2017.Effective:7/15/2010
Amended 2010, Ky. Acts ch. 24, sec. 1785, effective7/15/2010. --Amended 2000, Ky. Acts ch. 514, sec. 4, effective 7/14/2000. -- Amended 1996, (1st Extra. Sess.) Ky. Acts ch. 1, sec. 54, effective 12/12/1996. -- Amended 1996 Ky. Acts ch. ch. 355, sec. 7, effective 7/15/1996. -- Amended 1994 Ky. Acts ch. 181, part 15, sec. 76, effective 4/4/1994. -- Amended 1990 Ky. Acts ch. 21, sec. 1, effective 7/13/1990; and ch. 515, sec. 1, effective 7/13/1990. --Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 7, effective 10/26/1987. - - Amended 1982 Ky. Acts ch. 7, sec. 1, effective 7/15/1982. -- Amended 1972 Ky. Acts ch. 78, sec. 13. -- Amended 1956 Ky. Acts ch. 77, sec. 4, effective 8/1/1956. -- Amended 1948 Ky. Acts ch. 64, sec. 4. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective 10/1/1942, from Ky. Stat. sec. 4887.