The substantive provisions of 1996 (1st Extra. Sess.) Ky. Acts ch. 1 shall apply to any
claim arising from an injury or last exposure to the hazards of an occupational disease
occurring on or after December 12, 1996. Procedural provisions of 1996 (1st Extra. Sess.)
Ky. Acts ch. 1 shall apply to all claims irrespective of the date of injury or last exposure,
including, but not exclusively, the mechanisms by which claims are decided and workers
are referred for medical evaluations. The provisions of KRS 342.120(3), 342.125(8),
342.213(2)(e), 342.265, 342.270(3), 342.320, 342.610(3), 342.760(4), and 342.990(11)
are remedial.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 514, sec. 37, effective July 14, 2000. -- Created
1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 82, effective December 12, 1996.
Notes of Decisions
Magic Coal Co. v. Fox, 19 S.W.3d 88 (Ky. 2000).
· cites it 8× “KRS 342.0015 provides, in pertinent part, that the "procedural provisions" of the 1996 Act "shall apply to all claims irrespective of the date of injury or last exposure, including, but not exclusively, the mechanisms by which claims are decided and workers are referred for…”
Dingo Coal Co., Inc. v. Tolliver, 129 S.W.3d 367 (Ky. 2004).
· cites it 2× “KRS 342.0015. Noting the conflicting medical opinions, the ALJ concluded that there was sufficient evidence that the claimant’s back injury was more disabling than it had been at the time of the initial award.”
Meade v. Reedy Coal Co., 13 S.W.3d 619 (Ky. 2000).
· cites it 2× “That decision was affirmed on appeal to an Administrative Law Judge (ALJ) who noted that pursuant to KRS 342.0015, the amendments at issue were remedial.”
Officeware v. Jackson, 247 S.W.3d 887 (Ky. 2008).
· cites it 3× “The 1996 General Assembly also enacted KRS 342.0015, which provides, in pertinent part, as follows: The substantive provisions of 1996 (1st Extra.”
Daub v. Baker Concrete, 25 S.W.3d 124 (Ky. 2000).
· cites it 4× “As enacted effective December 12, 1996, KRS 342.0015 stated, in pertinent part, as follows: Procedural provisions of [the 1996 Act], shall apply to all claims irrespective of the date of injury or last exposure, including, but not exclusively, the mechanisms by which claims are…”
Breeding v. Colonial Coal Co., 975 S.W.2d 914 (Ky. 1998).
“Claimant also argues that the legislature explicitly indicated its intent to limit application of the 1996 amendment to claims involving a “last exposure to the hazards of an occupational disease occurring on or after December 12, 1996,” that KRS 342.”
Officeware v. Stephen Jay Jackson (Ky. 2008).
· cites it 2× “The 1996 General Assembly also enacted KRS 342.0015, which provides, in pertinent part, as follows: The substantive provisions of 1996 (1st Extra.”
Green Coal Co. v. Riley, 56 S.W.3d 453 (Ky. Ct. App. 2001).
· cites it 2× “KRS 342.0015 provides: The substantive provisions of 1996 (1st ExtraSess.”
Bardstown Barrels v. Lopez, 59 S.W.3d 480 (Ky. Ct. App. 2001).
· cites it 2× “Bards-town Barrels reasons that since the lan■guage of KRS 342.0015 and KRS 342.125(8) is virtually unchanged in the 2000 Act, the legislature has again not given a clear indication that the removal of the two-year waiting period in the 2000 amendments to KRS 342.”
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