Payment of death benefits in good faith to a supposed dependent or to a dependent
subsequent in right to another or other dependents shall protect and discharge the
employer and insurer unless and until the lawful dependent or dependents prior in right
have given the employer or insurer written notice of his or their claim. In case the
employer or insurer is in doubt as to who are dependents or as to their respective rights,
the administrative law judge shall, on application, decide and direct to whom payment
shall be made, and payment made under such direction shall release the employer and
insurer from all liability. If an appeal is taken from the order of the administrative law
judge directing payment, persons receiving payment under such order shall furnish bond
for the protection of adverse claimants pending the outcome of the proceedings.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 514, sec. 5, effective July 14, 2000. -- Amended
1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 55, effective December 12, 1996. --
Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 8, effective January 4, 1988. --
Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat.
sec. 4896.
Notes of Decisions
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
· cites it 2× “This Court held that KRS 342.090 of the Workers' Compensation Act provided an exclusive remedy and consequently barred an injured employee's action in tort for separate damages due to the untimely payment of workers' compensation benefits.”
F.V. v. Commonwealth, 567 S.W.3d 597 (Ky. Ct. App. 2018).
“] Those two grounds - unlike the other subsections of KRS 342.090(2) - also require clear and convincing evidence that "there is no reasonable expectation" of improvement.”
Russell Constr. Co. v. Workmen's Comp. Bd., 397 S.W.2d 357 (Ky. Ct. App. 1965).
“Appellee, Cosby Melton, a common laborer, who was 62 years of age when injured, obtained from the Workmen’s Compensation Board an award of total permanent disability (KRS 342.090) for injuries sustained while working for the appellant, Russell Construction Company.”
Brewer v. Caudill, 314 S.W.2d 550 (Ky. Ct. App. 1958).
“The appellant argues vigorously that by exempting compensation and claims therefor from claims of creditors, KRS 342.180, and by making compensation payable to living workmen and their dependents or the dependents of deceased workmen, KRS 342.”
— Ky. Rev. Stat. § 342.090(2) — 1 case
F.V. v. Commonwealth, 567 S.W.3d 597 (Ky. Ct. App. 2018).
“] Those two grounds - unlike the other subsections of KRS 342.090(2) - also require clear and convincing evidence that "there is no reasonable expectation" of improvement.”
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.