Kentucky Statutes 342.305 – Enforcement by Circuit Court of agreement, order, decision, or award
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Any party in interest may file in the Circuit Court of the county in which the injury occurred a certified copy of a memorandum of agreement approved by the administrative law judge, or of an order or decision of the administrative law judge or board, or of an award of the administrative law judge unappealed from, or of an award of the board rendered upon an appeal whether or not there is a motion to reopen or review pending under KRS § 342.125. The court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same as though it had been rendered in a suit duly heard and determined by that court. Any such judgment, unappealed from or affirmed on appeal or modified in obedience to the mandate of the Court of Appeals, shall be modified to conform to any decision of the administrative law judge ending, diminishing, or increasing any weekly payment under the provisions of KRS § 342.125 upon a presentation to it of a certified copy of such decision.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 514, sec. 20, effective July 14, 2000. — Amended
1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 61, effective December 12, 1996. — Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 38, effective January 4, 1988. — Amended 1972 Ky. Acts ch. 78, sec. 28. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4939.
Legislative Research Commission Note (4/22/94). The phrase “unappealed from, or of an award” has been restored to the first sentence of this statute to reflect the text of this statute as enacted by 1916 Ky. Acts ch. 33, sec. 56 (codified at K.S. 4939) and reenacted as KRS § 342.305 by 1942 Ky. Acts ch. 208, sec. 1. In the amendment of KRS § 342.305 made by 1972 Ky. Acts ch. 78, sec. 28, this language was erroneously printed as “on appeal from, or an award” although no legislative change in this text was made by bracketed deletion and italicized insertion. This erroneous text was then brought into the Kentucky Revised Statutes through codification and retained in the
1987 amendment of the statute. Pursuant to KRS § 7.136(1)(h), this manifest clerical or typographical error has been corrected. See also KRS § 446.270 and KRS § 446.280.
Effective: July 14, 2000
Terms Used In Kentucky Statutes 342.305
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Workers' Compensation Board. 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.
History: Amended 2000 Ky. Acts ch. 514, sec. 20, effective July 14, 2000. — Amended
1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 61, effective December 12, 1996. — Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 38, effective January 4, 1988. — Amended 1972 Ky. Acts ch. 78, sec. 28. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4939.
Legislative Research Commission Note (4/22/94). The phrase “unappealed from, or of an award” has been restored to the first sentence of this statute to reflect the text of this statute as enacted by 1916 Ky. Acts ch. 33, sec. 56 (codified at K.S. 4939) and reenacted as KRS § 342.305 by 1942 Ky. Acts ch. 208, sec. 1. In the amendment of KRS § 342.305 made by 1972 Ky. Acts ch. 78, sec. 28, this language was erroneously printed as “on appeal from, or an award” although no legislative change in this text was made by bracketed deletion and italicized insertion. This erroneous text was then brought into the Kentucky Revised Statutes through codification and retained in the
1987 amendment of the statute. Pursuant to KRS § 7.136(1)(h), this manifest clerical or typographical error has been corrected. See also KRS § 446.270 and KRS § 446.280.