Basic reparation benefits payable for work loss, survivor's economic loss, replacement
services loss, and survivor's replacement services loss arising from injury to one (1)
person and attributable to the calendar week during which the accident causing injury
occurs and to each calendar week thereafter may not exceed two hundred dollars ($200),
prorated for any lesser period. If the injured person's earnings or work are seasonal or
irregular, the weekly limit shall be equitably adjusted or apportioned on an annual basis.
Effective: July 1, 1975
History: Created 1974 Ky. Acts ch. 385, sec. 13, effective July 1, 1975.
Notes of Decisions
Cited in
8
cases, 1975–2019 · leading case:
Wemyss v. Coleman, 729 S.W.2d 174 (Ky. 1987).
Wemyss v. Coleman, 729 S.W.2d 174 (Ky. 1987).
· cites it 2× “39-020(5) are limited to amounts already "incurred," and under KRS 304.39-130 the amount for work loss is further limited "not to exceed $200" per week.”
Fann v. McGuffey, 534 S.W.2d 770 (Ky. Ct. App. 1975).
· cites it 2× “) [15] KRS 304.39-130, 304.39-020(2). Increased coverage can be purchased.”
Stevenson ex rel. Stevenson v. Anthem Cas. Ins. Grp., 15 S.W.3d 720 (Ky. 1999).
“For the same reason, we conclude that the additional $20,000 in personal injury protection coverage described on the declarations page of the policy is, in fact, added reparation benefits as described in KRS 304.39-130. III. ADDED REPARATION BENEFITS.”
Morrison v. Kentucky Cent. Ins. Co., 731 S.W.2d 822 (Ky. Ct. App. 1987).
“KRS 304.39-130. This $200 limit is not a limit on loss or net loss, but is a limit on weekly work loss benefits to be paid by the reparation obligor.”
Chenault v. Univ. of Kentucky (UK), No. 5:18-cv-00475 (E.D. Ky. July 31, 2019).
· cites it 2× “11 Ky. Rev. Stat. Ann. § 304.39-130 . Insurance proceeds for medical expenses may either reimburse the insured for money spent out of pocket or pay medical providers directly.”
Hughes & Coleman, PLLC v. Ann Clark Chambers of the Est. of James W. Chambers, No. 2015 SC 000435 (Ky. Sept. 18, 2017).
“On October 9, Underwood received a so-called Personal Injury Protection (PIP), or no-fault,2 payment of $200 from his insurer, Progressive, to replace one week’s lost wages in the amount prescribed by KRS 304.39-130. On October 18, Progressive disbursed another $990.”
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