(1) The secretary shall appoint one (1) or more impartial referees according to
KRS 341.125 to hear and decide appealed claims.
(2) A party to a determination may file an appeal to a referee as to any matter
therein within thirty (30) days after the date such determination was mailed to
his last known address.
(3) If benefits are allowed by a determination of the secretary, or a decision of a
referee, the commission, the secretary, or a reviewing-court, such benefits shall
be paid promptly without regard to the pendency of an appeal or period for
filing an appeal therefrom. If a determination or decision allowing benefits is
modified or reversed by a subsequent determination or decision, benefits shall
be paid or denied for weeks of unemployment thereafter in accordance with
such modification or denial. No injunction, supersedeas, stay or other writ or
process suspending payment of such benefits shall be issued.
(4) Unless such appeal is withdrawn, a referee, after affording the parties
reasonable opportunity for a fair hearing, shall affirm or modify the
determination. The parties shall be duly notified of his decision, together with
the reasons therefor, which shall be deemed to be the final decision unless
within thirty (30) days after the date of mailing of such decision, further appeal
is initiated under KRS 341.430.
(5) No finding of fact or law, judgment, conclusion, or final order made with respect
to a claim for unemployment compensation under this chapter may be
conclusive or binding in any separate or subsequent action or proceeding in
another forum, except proceedings under this chapter, regardless of whether
the prior action was between the same or related parties or involved the same
facts.
Effective:March 12, 2021
History: Amended 2021 Ky. Acts ch. 16, sec. 4, effective March 12, 2021. --
Amended 2006 Ky. Acts ch. 211, sec. 151, effective July 12, 2006. -- Amended
1992 Ky. Acts ch. 133, sec. 4, effective July 14, 1992. -- Amended 1974 Ky.
Acts ch. 70, sec. 1; and ch. 74, Art. VI, sec. 107(31). -- Amended 1972 Ky. Acts
ch. 21, sec. 29. -- Amended 1952 Ky. Acts ch. 154, sec. 16. -- Amended 1950
Ky. Acts ch. 206, sec. 1. -- Amended 1948 Ky. Acts ch. 216, sec. 16. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 4748g-11.
Notes of Decisions
Burch v. Taylor Drug Store, Inc., 965 S.W.2d 830 (Ky. Ct. App. 1998).
· cites it 3× “Burch appealed the imtial determination to an unemployment insurance referee, pursuant to KRS 341.420(2). Referee Janet Snider conducted an evidentiary hearing on the appeal on June 8, 1994.”
Shamrock Coal Co., Inc. v. Taylor, 697 S.W.2d 952 (Ky. Ct. App. 1985).
· cites it 2× “The appeals referee (KRS 341.420) held that Taylor's dismissal was for misconduct connected with his work and disqualified him from receiving benefits through the duration of his unemployment.”
Brown Hotel Co. v. Edwards, 365 S.W.2d 299 (Ky. Ct. App. 1962).
“KRS 341.420 provides for the appointment of “impartial referees” to hear and decide appealed claims.”
Kentucky Unemployment Comp. Comm'n v. Chenault & Orear, 174 S.W.2d 767 (Ky. Ct. App. 1943).
“providing for appeals, it is sufficient to say that in our opinion sections 341.420, 341.430 and 341.450 of KRS render it apparent that the legislature provided for the finality of the referee’s decision in the absence of appeal to the Commission and that where there was such…”
Carver v. Houchens Food Grp., Inc. (W.D. Ky. 2020).
· cites it 3× “, and the plaintiff’s stalled attempts to litigate his claims effectively thru the Unemployment statutes governing the appeal process pursuant to KRS 341.420; KRS 341.430 and, KRS 341.450 in the state’s “but for show cause” with indifference to purposely injure and deprive…”
Brown Hotel Co. v. Elmore, 365 S.W.2d 309 (Ky. Ct. App. 1962).
“KRS 341.420(3). The motion for an appeal is sustained and the judgment is reversed.”
Carver v. Houchens Food Grp., Inc. (W.D. Ky. 2020).
“, and the plaintiff’s stalled attempts to litigate his claims effectively thru the Unemployment statutes governing the appeal process pursuant to KRS 341.420; KRS 341.430 and, KRS 341.450 in the state’s “but for show cause” with indifference to purposely injure and deprive…”
De'Angela M. Clardy (Bankr. W.D. Ky. 2022).
“2 Determination to become final on September 4, 2021, pursuant to KRS 341.420(2), resulting in a debt in the amount of $9,374.”
— Ky. Rev. Stat. § 341.420(1) — 1 case
— Ky. Rev. Stat. § 341.420(2) — 5 cases
Burch v. Taylor Drug Store, Inc., 965 S.W.2d 830 (Ky. Ct. App. 1998).
“Burch appealed the imtial determination to an unemployment insurance referee, pursuant to KRS 341.420(2). Referee Janet Snider conducted an evidentiary hearing on the appeal on June 8, 1994.”
De'Angela M. Clardy (Bankr. W.D. Ky. 2022).
“2 Determination to become final on September 4, 2021, pursuant to KRS 341.420(2), resulting in a debt in the amount of $9,374.”
— Ky. Rev. Stat. § 341.420(3) — 1 case
Brown Hotel Co. v. Elmore, 365 S.W.2d 309 (Ky. Ct. App. 1962).
“KRS 341.420(3). The motion for an appeal is sustained and the judgment is reversed.”
— Ky. Rev. Stat. § 341.420(4) — 2 cases
Burch v. Taylor Drug Store, Inc., 965 S.W.2d 830 (Ky. Ct. App. 1998).
“Burch appealed the imtial determination to an unemployment insurance referee, pursuant to KRS 341.420(2). Referee Janet Snider conducted an evidentiary hearing on the appeal on June 8, 1994.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.