Kentucky Statutes 342.310 – Assessment of cost of unreasonable proceedings — Restitution
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(1) If any administrative law judge, the board, or any court before whom any proceedings are brought under this chapter determines that such proceedings have been brought, prosecuted, or defended without reasonable ground, he or it may assess the whole cost of the proceedings which shall include actual expenses but not be limited to the following: court costs, travel expenses, deposition costs, physician expenses for attendance fees at depositions, attorney fees, and all other out-of- pocket expenses upon the party who has so brought, prosecuted, or defended them.
(2) If any administrative law judge, the board, or any court before whom any proceedings are brought under this chapter determines that a party has committed acts in violation of KRS § 342.335(1) or (2), that party may be ordered to make restitution for any compensation paid as a result of the commission of such acts.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 514, sec. 21, effective July 14, 2000. — Amended
1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 62, effective December 12, 1996. — Amended 1996 Ky. Acts ch. 355, sec. 10, effective July 15, 1996. — Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 39, effective January 4, 1988. — Amended 1984
Ky. Acts ch. 78, sec. 1, effective July 13, 1984. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4940.
(2) If any administrative law judge, the board, or any court before whom any proceedings are brought under this chapter determines that a party has committed acts in violation of KRS § 342.335(1) or (2), that party may be ordered to make restitution for any compensation paid as a result of the commission of such acts.
Terms Used In Kentucky Statutes 342.310
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Board: means the Workers' Compensation Board. 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
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Physician: means physicians and surgeons, psychologists, optometrists, dentists, podiatrists, and osteopathic and chiropractic practitioners acting within the scope of their license issued by the Commonwealth. See Kentucky Statutes 342.0011
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 514, sec. 21, effective July 14, 2000. — Amended
1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 62, effective December 12, 1996. — Amended 1996 Ky. Acts ch. 355, sec. 10, effective July 15, 1996. — Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 39, effective January 4, 1988. — Amended 1984
Ky. Acts ch. 78, sec. 1, effective July 13, 1984. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4940.