Kentucky Statutes 342.165 – Increase or decrease in compensation for failure to comply with safety law — Compensation not payable if employee falsely represents physical condition or medical history at time of employment
Current as of: 2024 | Check for updates
|
Other versions
(1) If an accident is caused in any degree by the intentional failure of the employer to comply with any specific statute or lawful administrative regulation made thereunder, communicated to the employer and relative to installation or maintenance of safety appliances or methods, the compensation for which the employer would otherwise have been liable under this chapter shall be increased thirty percent (30%) in the amount of each payment. If an accident is caused in any degree by the intentional failure of the employee to use any safety appliance furnished by the employer or to obey any lawful and reasonable order or administrative regulation of the commissioner or the employer for the safety of employees or the public, the compensation for which the employer would otherwise have been liable under this chapter shall be decreased fifteen percent (15%) in the amount of each payment.
(2) No compensation shall be payable for work-related injuries if the employee at the time of entering the employment of the employer by whom compensation would otherwise be payable falsely represents, in writing, his or her physical condition or medical history, if all of the following factors are present:
(a) The employee has knowingly and willfully made a false representation as to his or her physical condition or medical history;
(b) The employer has relied upon the false representation, and this reliance was a substantial factor in the hiring; and
(c) There is a causal connection between the false representation and the injury for which compensation has been claimed.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1794, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 514, sec. 38, effective July 14, 2000. — Amended 1994
Ky. Acts ch. 181, Part 13, sec. 62, effective April 4, 1994. — Amended 1972 Ky. Acts ch. 78, sec. 26. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 4910.
(2) No compensation shall be payable for work-related injuries if the employee at the time of entering the employment of the employer by whom compensation would otherwise be payable falsely represents, in writing, his or her physical condition or medical history, if all of the following factors are present:
Terms Used In Kentucky Statutes 342.165
- Commissioner: means the commissioner of the Department of Workers' Claims under the direction and supervision of the secretary of the Education and Labor Cabinet. See Kentucky Statutes 342.0011
- Compensation: means all payments made under the provisions of this chapter representing the sum of income benefits and medical and related benefits. See Kentucky Statutes 342.0011
- Injury: when used generally, unless the context indicates otherwise, shall include an occupational disease and damage to a prosthetic appliance, but shall not include a psychological, psychiatric, or stress-related change in the human organism, unless it is a direct result of a physical injury. See Kentucky Statutes 342.0011
- Statute: A law passed by a legislature.
(a) The employee has knowingly and willfully made a false representation as to his or her physical condition or medical history;
(b) The employer has relied upon the false representation, and this reliance was a substantial factor in the hiring; and
(c) There is a causal connection between the false representation and the injury for which compensation has been claimed.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1794, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 514, sec. 38, effective July 14, 2000. — Amended 1994
Ky. Acts ch. 181, Part 13, sec. 62, effective April 4, 1994. — Amended 1972 Ky. Acts ch. 78, sec. 26. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 4910.