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

Ky. Rev. Stat. § 342.070 (2026)

Repealed effective January 1, 1973

✓ current as of May 2026
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Catchline at repeal: Compensation in case of death. History: Repealed 1972 Ky. Acts ch. 78, sec. 36, effective January 1, 1973. -- Amended 1964 Ky. Acts ch. 192, sec. 5. -- Amended 1960 Ky. Acts ch. 147, sec. 3. -- Amended 1956 Ky. Acts ch. 77, sec. 5. -- Amended 1952 Ky. Acts ch. 182, sec. 2. -- Amended 1950 Ky. Acts ch. 187, sec. 1. -- Amended 1948 Ky. Acts ch. 64, sec. 6. -- Amended 1946 Ky. Acts ch. 37, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4893, 4896.

Notes of Decisions
Cited in 32 cases, 1943–2000 · leading case: Brusman v. Newport Steel Corp., 17 S.W.3d 514 (Ky. 2000).
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Brusman v. Newport Steel Corp., 17 S.W.3d 514 (Ky. 2000). · cites it 4× “KS 4893, 4 recompiled in the 1942 Kentucky Revised Statutes as KRS 342.070, provided benefits only if the worker’s death resulted from a compensable injury or occupational disease and if the claimant was actually dependent upon the deceased worker at the time of his death, as…”
Reynolds Metal Co. v. Glass, 195 S.W.2d 280 (Ky. Ct. App. 1946). · cites it 3× “Appellant then filed this reviewing action in the Jefferson circuit court seeking a reversal of the findings of the board and its referee upon the ground that the claimants were not entitled to any allowance under sections 342.070, KRS, section 4893, Carrolls Stats.”
Riddle v. Scotty's Dev., Inc., 7 S.W.3d 385 (Ky. Ct. App. 1999). · cites it 3× “6 In its brief, the appellee, Uninsured Employers’ Fund, explains the inconsistency in the statutes by pointing out that prior to 1972, KRS 342.070, the predecessor to KRS 342.750, provided for both a maximum and a minimum weekly benefit payable for death.”
Keefe v. O. K. Precision Tool & Die Co., 566 S.W.2d 804 (Ky. Ct. App. 1978). “We do not believe that this is the interpretation intended by the decision because it is completely contrary to the doctrine of res judicata.”
Elizabethtown Sportswear v. Stice, 720 S.W.2d 732 (Ky. Ct. App. 1986). “KRS 342.070 (Repealed, Acts 1972, ch. 78, sec.”
Davis v. Solomon, 276 S.W.2d 674 (Ky. Ct. App. 1955). “This contention is based on KRS 342.070, which provides for the payment of burial expenses and compensation to dependents “If death should result within two years from an accident for which compensation is payable * * The argument is then made that since the death of the…”
Proctor & Gamble Mfg. Co. v. Little, 357 S.W.2d 866 (Ky. Ct. App. 1962). · cites it 2× “270(1)), but not later than two years after the accident (KRS 342.070). The statutes create two different types of claims, one by the employee and the other by his representatives or dependents.”
McDonald v. Goodman, 239 S.W.2d 97 (Ky. Ct. App. 1951). “McDonald to prove that her employment with the Corporation, where she was working, was terminated after her husband’s death; and, next, to read to the jury KRS 342.070, which deals with death benefits in a compensation case; and, finally, to introduce as proof to the jury the…”
Woosley v. Cent. Unif. Rental, 463 S.W.2d 345 (Ky. Ct. App. 1971). “” The ensuing claim of Woosley’s widow and children for the benefits provided by the workmen’s compensation law (KRS 342.070) resulted in an award in their favor, from which the employer appealed to the circuit court.”
Kenmont Coal Co. v. Clark, 171 S.W.2d 242 (Ky. Ct. App. 1948). “075), but are within the class which may be shown as a matter of fact to to dependent. The facts *230 ■clearly disclose that they were not totally dependent on the deceased.”
Banks v. Dep't of Educ., Bureau of Rehab., 462 S.W.2d 428 (Ky. Ct. App. 1971). “015(1) and KRS 342.070. The board dismissed the claim 1 “ * * * inasmuch as (Banks) was not acting in the course of his employment at the time of his death.”
The Mengel Co. v. Lehman, 259 S.W.2d 19 (Ky. Ct. App. 1953). “Upon presentation of all the proof before the referee, he concluded that Lehman’s death resulted from the combined effects of a pre-existing heart condition and the toxic fumes inhaled by him during the welding operation, and, pursuant to KRS 342.070, he entered an award…”
Show all 32 citing cases →
— Ky. Rev. Stat. § 342.070(1) — 2 cases
Yocom v. Doolin, 600 S.W.2d 462 (Ky. Ct. App. 1980).
Elkhorn & Jellico Coal Co. v. Easterling, 223 S.W.2d 364 (Ky. Ct. App. 1949).
— Ky. Rev. Stat. § 342.070(2) — 3 cases
Vogt & Conant Co. v. Boelhauf, 317 S.W.2d 163 (Ky. Ct. App. 1958).
Young v. Waters Constr. Co., 281 S.W.2d 888 (Ky. Ct. App. 1955).
Johnson v. Ohio Valley Forging Co., 471 S.W.2d 314 (Ky. Ct. App. 1971).
— Ky. Rev. Stat. § 342.070(3) — 2 cases
Young v. Waters Constr. Co., 281 S.W.2d 888 (Ky. Ct. App. 1955).
United States Coal & Coke Co. v. Hudson, 197 S.W.2d 778 (Ky. Ct. App. 1946).
— Ky. Rev. Stat. § 342.070(4) — 2 cases
Vogt & Conant Co. v. Boelhauf, 317 S.W.2d 163 (Ky. Ct. App. 1958).
Yocom v. Doolin, 600 S.W.2d 462 (Ky. Ct. App. 1980).
— Ky. Rev. Stat. § 342.070(5) — 3 cases
Keefe v. O. K. Precision Tool & Die Co., 566 S.W.2d 804 (Ky. Ct. App. 1978). “We do not believe that this is the interpretation intended by the decision because it is completely contrary to the doctrine of res judicata.”
Riddle v. Scotty's Dev., Inc., 7 S.W.3d 385 (Ky. Ct. App. 1999). “6 In its brief, the appellee, Uninsured Employers’ Fund, explains the inconsistency in the statutes by pointing out that prior to 1972, KRS 342.070, the predecessor to KRS 342.750, provided for both a maximum and a minimum weekly benefit payable for death.”
Tolson v. Pratt Bros. Coal Co., 574 S.W.2d 920 (Ky. Ct. App. 1978).
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