Kentucky Revised Statutes
Ky. Rev. Stat. § 342.004 (2026)
Repealed, 1980
✓ current as of May 2026
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Catchline at repeal: Liberal construction of chapter -- Presumption in case of pneumoconiosis or silicosis. History: Repealed 1980 Ky. Acts ch. 104, sec. 24, effective July 15, 1980. -- Amended 1972 Ky. Acts ch. 78, sec. 20. -- Created 1950 Ky. Acts ch. 187, sec. 7.
Notes of Decisions
Cited in 48
cases, 1954–2015 · leading case: Gateway Constr. Co. v. Wallbaum, 356 S.W.2d 247 (Ky. Ct. App. 1962).
Gateway Constr. Co. v. Wallbaum, 356 S.W.2d 247 (Ky. Ct. App. 1962). “But he shall not collect from all a total compensation in excess of the amount for which his immediate employer is liable. This section shall apply only in cases where the injury occurred on, in or about the premises on which the principal contractor has undertaken to execute…”
Stand. Gravure Corp. v. Grabhorn, 702 S.W.2d 49 (Ky. Ct. App. 1985). “Therefore, the appellant asserts that the repeal of KRS 342.004, which was the statutory admonition that the Act be given a liberal construction, requires the abrogation of the “operating premises” exception.”
AK Steel Corp. v. Adkins, 253 S.W.3d 59 (Ky. 2008). “The court noted that KRS 342.004, which at that time required the liberal construction of Chapter 342, did “not require liberal construction of the evidence or dispense with the duty of presenting the required proof.”
Fortney v. Airtran Airways, Inc., 319 S.W.3d 325 (Ky. 2010). “1985) (repeal of KRS 342.004 did not require abrogation of the "operating premises" exception).”
Holman Enter. Tobacco Warehouse v. Carter, 536 S.W.2d 461 (Ky. 1976). “143 means, in addition to money payments for services rendered, the reasonable value of board, rent, housing, lodging, and fuel or similar advantage received from the employer, and gratuities received in the course of employment from others than the employer to the extent such…”
Seventh Street Road Tobacco Warehouse v. Stillwell, 550 S.W.2d 469 (Ky. 1976). “KRS 342.004; 99 C.J.S. Workmen’s Compensation § 214.”
Fitzpatrick v. Crestfield Farm, Inc., 582 S.W.2d 44 (Ky. Ct. App. 1978). “KRS 342.004 provides that the Act be liberally construed on questions of law, as distinguished from evidence.”
W. Cas. & Sur. Co. v. Adkins, 619 S.W.2d 502 (Ky. Ct. App. 1981). “Appellee reminds us that KRS 342.004 mandates liberal construction on questions of law.”
Crush v. Kaelin, 419 S.W.2d 142 (Ky. Ct. App. 1967). “The decisions cited in support of Kae-lin’s position that his employment by Crush was subject to the workmen’s compensation law are all cases in which, obedient to the direction of KRS 342.”
K-Mart Disc. Stores v. Schroeder, 623 S.W.2d 900 (Ky. 1981). “The “operating premises” rule is an outgrowth of liberal construction given to the Workers’ Compensation law (KRS 342.004) and the “going and coming” rule, which itself is an extension of the industrial hazard theory.”
Ratliff v. Redmon, 396 S.W.2d 320 (Ky. Ct. App. 1965). “” The basis for this rule of law is found in KRS 342.004 wherein it is provided: “This chapter shall be liberally construed on questions of law, as distinguished from evidence, and the rule of law requiring strict construction of statutes in derogation of the common law shall…”
Marc Blackburn Brick Co. v. Yates, 424 S.W.2d 814 (Ky. Ct. App. 1968). “Want of notice or delay in giving notice shall not be a bar to proceedings under this chapter if it is shown that the employer, his agent or representative had knowledge of the injury or that the delay or failure to give notice was occasioned by mistake or other reasonable cause.”
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