Ky. Rev. Stat. » Chapter 342
Kentucky Revised Statutes

Ky. Rev. Stat. § 342.005 (2026)

Repealed, effective January 1, 1973

✓ current as of May 2026
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Catchline at repeal: Employers and employees to whom chapter applies -- Functions of board in determining applicability -- Voluntary election to come under chapter. History: Repealed 1972 Ky. Acts ch. 78, sec. 36, effective January 1, 1973. -- Amended 1970 Ky. Acts ch. 7, sec. 1. -- Amended 1964 Ky. Acts ch. 192, sec. 2. -- Amended 1960 Ky. Acts ch. 147, sec. 1. -- Amended 1956 Ky. Acts ch. 77, sec. 1. -- Amended 1948 Ky. Acts ch. 64, sec. 1. -- Amended 1946 Ky. Acts ch. 203, sec. 1(1), (2)(a)(b). -- Amended 1944 Ky. Acts ch. 82, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4880.

Notes of Decisions
Cited in 105 cases, 1942–2015 · leading case: Yocom v. Jackson, 554 S.W.2d 891 (Ky. Ct. App. 1977).
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Yocom v. Jackson, 554 S.W.2d 891 (Ky. Ct. App. 1977). · cites it 6× “As originally enacted, KRS 342.005 provided that the term “personal injury by accident” did not include “the results of a pre-existing disease.”
Adams v. Bryant, 274 S.W.2d 791 (Ky. Ct. App. 1955). · cites it 6× “Appellees contend this type of cause, resulting in the death of Bryant, brings the case within the application of KRS 342.005(1), which reads as follows: "* * * It shall affect the liability of the employers subject thereto to their employes for a personal injury sustained by…”
Yocom v. Pierce, 534 S.W.2d 796 (Ky. 1976). · cites it 3× “Counsel for appellant directs our attention to former KRS 342.005, which was the statute that provided guidelines for establishing liability as between the employer and the employee prior to its repeal at the regular session of the 1972 General Assembly (Chap.”
Haycraft v. Corhart Refractories Co., 544 S.W.2d 222 (Ky. 1976). · cites it 2× “1 *224 Prior to the 1972 act KRS 342.005 limited compensation coverage to disabilities resulting from “traumatic personal injury sustained by the employe by accident” or from occupational diseases.”
Johnson v. Frankfort & Cincinnati R. R., 197 S.W.2d 432 (Ky. Ct. App. 1946). · cites it 5× “In a second paragraph it alleged that on June 6, 1931, it — as such intrastate carrier only — made application to the compensation board of Kentucky to be permitted to operate its railroad under our compensation act as is provided in subsection (2) of KRS 342.005 which is the…”
Dick v. Int'l Harvester Co., 310 S.W.2d 514 (Ky. Ct. App. 1958). · cites it 4× “We may add for clarification in cases arising after August 1, 1956, that when the 1956 Act amended subsection (1) of KRS 342.005 to specifically include disability from silicosis within general coverage, along with traumatic personal injury, the provision in subsection (2) of…”
North Am. Refractories Co. v. Jackson, 346 S.W.2d 10 (Ky. Ct. App. 1961). · cites it 5× “Although this definition has often been approved by this Court, some uncertainty has arisen concerning whether we have required an “accidental cause” or “accidental result” to satisfy the “injury by accident” requirement of KRS 342.005 (1). However, in Adams v. Bryant, Ky.”
Terry v. Associated Stone Co., 334 S.W.2d 926 (Ky. Ct. App. 1960). · cites it 2× “2d 535, 536 , wherein there was no evidence of a causal connection between the work and the disability, the following general statement appears: “A disability resulting from a congenital weakness or pre-existing disease, although *930 accelerated or hastened by the reasonable…”
Gateway Constr. Co. v. Wallbaum, 356 S.W.2d 247 (Ky. Ct. App. 1962). “Under KRS 342.005(2), in effect on the date of the injury, the only way an employer having less than three employees and his employees could have come under the Act was by joint voluntary application in writing to the Board.”
Sumpter v. Burchett, as Commonwealth's Atty., 202 S.W.2d 735 (Ky. Ct. App. 1947). · cites it 3× “143, Chapter 203 of the Acts, KRS 342.005 to 342.009, was passed March'6th, enrolled March 7th, and neither approved nor disapproved by the Governor for reasons assigned as follows, Acts 1946, page 555: “Statement by the Governor “Re: Senate Bill No.”
Yocom v. Loy, 573 S.W.2d 645 (Ky. 1978). · cites it 2× “SUFFICIENCY OF FINDINGS OF FACT The employer argues that there is no finding of fact by the board that Loy’s death arose out of and in the course of his employment as required by KRS 342.005. 1 The board clearly recognized the issue.”
Seventh Street Road Tobacco Warehouse v. Stillwell, 550 S.W.2d 469 (Ky. 1976). “Warehouse contends that since Stillwell’s pay was not due him until Saturday, his attempt to collect it on Wednesday can not be work related.”
Show all 105 citing cases →
— Ky. Rev. Stat. § 342.005(1) — 32 cases
Adams v. Bryant, 274 S.W.2d 791 (Ky. Ct. App. 1955). “Appellees contend this type of cause, resulting in the death of Bryant, brings the case within the application of KRS 342.005(1), which reads as follows: "* * * It shall affect the liability of the employers subject thereto to their employes for a personal injury sustained by…”
North Am. Refractories Co. v. Jackson, 346 S.W.2d 10 (Ky. Ct. App. 1961). “Although this definition has often been approved by this Court, some uncertainty has arisen concerning whether we have required an “accidental cause” or “accidental result” to satisfy the “injury by accident” requirement of KRS 342.005 (1). However, in Adams v. Bryant, Ky.”
Stasel v. Am. Radiator & Stand. Sanitary Corp., 278 S.W.2d 721 (Ky. Ct. App. 1955).
Yocom v. Pierce, 534 S.W.2d 796 (Ky. 1976). “Counsel for appellant directs our attention to former KRS 342.005, which was the statute that provided guidelines for establishing liability as between the employer and the employee prior to its repeal at the regular session of the 1972 General Assembly (Chap.”
Harlan Collieries Co. v. Shell, 239 S.W.2d 923 (Ky. Ct. App. 1951).
— Ky. Rev. Stat. § 342.005(2) — 12 cases
Dick v. Int'l Harvester Co., 310 S.W.2d 514 (Ky. Ct. App. 1958). “We may add for clarification in cases arising after August 1, 1956, that when the 1956 Act amended subsection (1) of KRS 342.005 to specifically include disability from silicosis within general coverage, along with traumatic personal injury, the provision in subsection (2) of…”
Gateway Constr. Co. v. Wallbaum, 356 S.W.2d 247 (Ky. Ct. App. 1962). “Under KRS 342.005(2), in effect on the date of the injury, the only way an employer having less than three employees and his employees could have come under the Act was by joint voluntary application in writing to the Board.”
Sanders v. B. E. Walker Constr. Co., 169 So. 2d 803 (Miss. 1964).
Klarer of Kentucky, Inc. v. Peters, 473 S.W.2d 139 (Ky. Ct. App. 1971).
Ginn v. Walker, 273 S.W.2d 840 (Ky. Ct. App. 1954).
— Ky. Rev. Stat. § 342.005(4) — 1 case
West v. Hedger, 350 S.W.2d 624 (Ky. Ct. App. 1961).
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