Kentucky Revised Statutes

Ky. Rev. Stat. § 342.095 (2026)

Repealed, effective January 1, 1973

✓ current as of May 2026
Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Catchline at repeal: Compensation for total disability. History: Repealed, 1972 Ky. Acts ch. 78, sec. 36, effective January 1, 1973. -- Amended 1964 Ky. Acts ch. 192, sec. 7. -- Amended 1962 Ky. Acts ch. 267, sec. 1. - - Amended 1960 Ky. Acts ch. 147, sec. 4. -- Amended 1956 Ky. Acts ch. 77, sec. 6. - - Amended 1952 Ky. Acts ch. 182, sec. 4. -- Amended 1950 Ky. Acts ch. 187, sec. 3. -- Amended 1948 Ky. Acts ch. 64, sec. 8. -- Amended 1946 Ky. Acts ch. 37, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4897.

Notes of Decisions
Cited in 76 cases, 1943–2002 · leading case: McDowell v. Jackson Energy RECC, 84 S.W.3d 71 (Ky. 2002).
McDowell v. Jackson Energy RECC, 84 S.W.3d 71 (Ky. 2002). · cites it 2× “KRS 342.095 (repealed, 1972 Ky. Acts, ch.”
Holt v. West Kentucky Coal Co., 350 S.W.2d 155 (Ky. Ct. App. 1961). · cites it 8× “The employee appeals on the ground that he should have been allowed total and permanent disability benefits under KRS 342.095. The basic problem is an old and difficult one.”
Beale v. Shepherd, 809 S.W.2d 845 (Ky. 1991). · cites it 4× “At the time the cases which first enunciated these principles were decided, the statutes governing awards for occupational disability were KRS 342.095 et seq. An award for permanent total disability under KRS 342.”
Leep v. Kentucky State Police, 366 S.W.2d 729 (Ky. Ct. App. 1963). · cites it 4× “110, but if he is 100% disabled and there is no severance KRS 342.”
Maggard v. Int'l Harvester Co., 508 S.W.2d 777 (Ky. Ct. App. 1974). · cites it 3× “” KRS 342.095 of the then-present law provided: “The maximum basic weekly income benefit for total disability shall not exceed 55% of 85% of the average weekly wage of the state, computed as provided in KRS 342.”
Holman Enter. Tobacco Warehouse v. Carter, 536 S.W.2d 461 (Ky. 1976). · cites it 2× “In the course of the opinion, we said: “In the case at bar we have a finding of the Board, based upon competent and sufficient evidence, that Poff’s injury of February 1,1956, in and of itself, produced total and permanent disability, which required an award to be made under KRS…”
Osborne Mining Corp. v. Blackburn, 397 S.W.2d 144 (Ky. Ct. App. 1965). · cites it 4× “It should have shown an award of $32 per week for 425 weeks from April 27, 1960, instead of $36 per week from April 27, 1962, because KRS 342.095, then in effect, allowed a maximum of $32 per week for 425 weeks.”
Osborne v. Johnson, 432 S.W.2d 800 (Ky. Ct. App. 1968). “However, the fact that it embodies a functional theory in no way militates against the idea that KRS 342.095 and 342.110 contemplate occupational disability.”
Int'l Harvester Co. v. Poff, 331 S.W.2d 712 (Ky. Ct. App. 1959). · cites it 2× “In the case at bar we have a finding of the Board, based upon competent and sufficient evidence that Poff’s injury of February 1, 1956, in and of itself, produced total and permanent disability, which *715 required an award to be made under KRS 342.095. It is the general rule…”
Am. Bridge Co. v. Reit, 199 S.W.2d 447 (Ky. Ct. App. 1947). · cites it 3× “On February 19, 1944, a referee of tbe Workmen’s Compensation Board found tbat Reit was totally disabled, and awarded him compensation accordingly under KRS 342.095. Upon a full Board review the referee’s award was set aside and Reit was awarded compensation at the rate of $15 a…”
Hardy Burlingham Mining Co. v. Sawyer, 254 S.W.2d 350 (Ky. Ct. App. 1953). · cites it 2× “’ KRS 342.095, 342.105, 342.-110.” In the case at bar it was shown that appellee had been a miner for many years and that the only work-he was able to perform was manual labor.”
Young v. Dale, 446 S.W.2d 288 (Ky. Ct. App. 1969). · cites it 6× “He contends that payments are due him from his last employer, Inland Steel Company (KRS 342.095) and from the Special Fund (KRS 342.”
— Ky. Rev. Stat. § 342.095(1) — 6 cases
Young v. Dale, 446 S.W.2d 288 (Ky. Ct. App. 1969). “He contends that payments are due him from his last employer, Inland Steel Company (KRS 342.095) and from the Special Fund (KRS 342.”
Reliance Diecasting Co. v. Freeman, 471 S.W.2d 311 (Ky. Ct. App. 1971).
Swift v. Blades, 502 S.W.2d 513 (Ky. Ct. App. 1973).
Dep't of Fin. v. Wright, 425 S.W.2d 740 (Ky. Ct. App. 1968).
Young v. Johnson Cnty. Bd. of Educ., 479 S.W.2d 638 (Ky. Ct. App. 1972).
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.