(1) All benefits or advantages a person receives or is entitled to receive because of the injury from workers' compensation are subtracted in calculating net loss.
(2) If a benefit or advantage received to compensate for loss of income because of injury, whether from basic reparation benefits or from any source of benefits or advantages subtracted under subsection (1), is not taxable income, the income tax saving that is attributable to his loss of income because of injury is subtracted in calculating net loss. Subtraction may not exceed fifteen percent (15%) of the loss of income and shall be in a lesser amount if the claimant furnishes to the insurer reasonable proof of a lower value of the income tax advantage. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 123, sec. 19, effective July 15, 1982. -- Created 1974 Ky. Acts ch. 385, sec. 12, effective July 1, 1975.
Notes of Decisions
State Auto. Mut. Ins. Co. v. Outlaw, 575 S.W.2d 489 (Ky. Ct. App. 1978).
· cites it 2× “Under the MVRA, the basic rule for treatment of collateral source payments is set forth in KRS 304.39-120. In determining reparation benefits, only social security and workmen’s compensation benefits are deductible in calculating the claimant’s net loss.”
Ammons v. Winklepleck Ex Rel. Winklepleck, 570 S.W.2d 287 (Ky. Ct. App. 1978).
“Indiana also relies on KRS 304.39-120(1) which provides that social security and workmen’s compensation payments are deducted in calculating net loss for the purpose of determining BRB payments.”
Blue Cross & Blue Shield of Kentucky, Inc. v. Baxter, 713 S.W.2d 478 (Ky. Ct. App. 1986).
“KRS 304.39-120. In view of the foregoing, we believe it offensive to the public policy manifested in the act to permit Blue Cross to coordinate under the circumstances.”
Morrison v. Kentucky Cent. Ins. Co., 731 S.W.2d 822 (Ky. Ct. App. 1987).
· cites it 2× “1 KRS 304.39-120(1) requires workers’ compensation benefits be subtracted from loss in calculating net loss.”
State Auto. Ins. Co. v. Lange, 697 S.W.2d 167 (Ky. Ct. App. 1985).
“KRS 304.39-120. State did however recognize coverage under its policy of insurance by paying for damage to appellee’s car.”
Kentucky Farm Bureau Mut. Ins. Co. v. All State Ins. Co., 681 S.W.2d 919 (Ky. Ct. App. 1984).
· cites it 2× “And, KRS 304.39-120 — prior to its amendment in 1982 — specified how net loss is to be calculated: (1) All benefits or advantages a person receives or is entitled to receive because of the injury from social security and workers’ compensation are subtracted in calculating net…”
— Ky. Rev. Stat. § 304.39-120(1) — 2 cases
Ammons v. Winklepleck Ex Rel. Winklepleck, 570 S.W.2d 287 (Ky. Ct. App. 1978).
“Indiana also relies on KRS 304.39-120(1) which provides that social security and workmen’s compensation payments are deducted in calculating net loss for the purpose of determining BRB payments.”
Morrison v. Kentucky Cent. Ins. Co., 731 S.W.2d 822 (Ky. Ct. App. 1987).
“1 KRS 304.39-120(1) requires workers’ compensation benefits be subtracted from loss in calculating net loss.”
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