Catchline at repeal: Compensation for enumerated permanent partial disabilities.
History: Repealed 1972 Ky. Acts ch. 78, sec. 36, effective January 1, 1973. -- Amended
1970 Ky. Acts ch. 6, sec. 3. -- Amended 1964 Ky. Acts ch. 192, sec. 9. -- Amended
1962 Ky. Acts ch. 267, sec. 3. -- Amended 1960 Ky. Acts ch. 147, sec. 6. --
Amended 1956 Ky. Acts ch. 77, sec. 8. -- Amended 1952 Ky. Acts ch. 182, sec. 6. --
Amended 1950 Ky. Acts ch. 187, sec. 5. -- Amended 1948 Ky. Acts ch. 64, sec. 10. -
- Amended 1946 Ky. Acts ch. 37, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 4899.
Notes of Decisions
Holt v. West Kentucky Coal Co., 350 S.W.2d 155 (Ky. Ct. App. 1961).
· cites it 50× “The circuit court confirmed the Board's award, which limited compensation under the provisions of KRS 342.105 and 342.110. The employee appeals on the ground that he should have been allowed total and permanent disability benefits under KRS 342.”
Leep v. Kentucky State Police, 366 S.W.2d 729 (Ky. Ct. App. 1963).
· cites it 2× “Since that time there has never been a satisfactory union of the bones (nor, evidently, a healing of the skin and other soft tissues), and when the evidence was taken in 1957 amputation of the leg was indicated as the eventual probability.”
Osborne v. Johnson, 432 S.W.2d 800 (Ky. Ct. App. 1968).
“Of course the “loss of members” compensation provided for in KRS 342.105 is not based on any concept of occupational disability.”
Am. Bridge Co. v. Reit, 199 S.W.2d 447 (Ky. Ct. App. 1947).
· cites it 5× “Upon a full Board review the referee’s award was set aside and Reit was awarded compensation at the rate of $15 a week ‘for 125 weeks for tbe loss of a foot under the provisions of KRS 342.105. Reit filed a petition for review in the Henderson circuit court, which set aside tbe…”
Kentucky Cardinal Coal Corp. v. Delph, 176 S.W.2d 886 (Ky. Ct. App. 1943).
· cites it 3× “(2) It is argued that the injury to the hand falls within the meaning and intent of KRS 342.105, for loss of hand or arm, or that award should have been made, according to the proof, under KRS 342.”
Black Mountain Corp. v. Letner, 199 S.W.2d 611 (Ky. Ct. App. 1947).
· cites it 3× “Appellant does not contend that the findings of fact by the Board should be disturbed, but insists that the Board, as a matter of law, erred in allowing compensation for partial permanent disability instead of confining the award to the amount specified by KRS 342.105, which…”
Caney Creek Mining Co. v. Rager, 264 S.W.2d 677 (Ky. Ct. App. 1954).
· cites it 10× “The employer contends that the award is excessive because it exceeds the amount allowable under KRS 342.105 for the loss of a leg. Ap-pellee insists that the injury or disability extends beyond the leg and for that reason the award is not in any way limited by KRS 342.”
Dep't of Mines & Minerals v. Castle, 240 S.W.2d 44 (Ky. Ct. App. 1951).
· cites it 2× “Where the Board finds as a matter of fact upon competent evidence that a claimant is permanently and partially disabled, the award must be governed by the sections of the compensation act covering permanent partial disability, that is, Section 342.105 and Section 342.110, as…”
Old King Mining Co. v. Pankey, 288 S.W.2d 667 (Ky. Ct. App. 1956).
· cites it 5× “110, but KRS 342.105 may be used as a guide. Reducing 15% disability to a leg to the body as a whole, we have a disability of 7%.”
Shuman Co. v. May, 327 S.W.2d 14 (Ky. Ct. App. 1959).
· cites it 3× “May sought compensation against appellant for the loss of the sight of his left eye pursuant to KRS 342.105(20). He also sought compensation against the Subsequent Injury Fund (KRS 342.”
Baier v. Schnell, 323 S.W.2d 587 (Ky. Ct. App. 1959).
· cites it 2× “We have held that where there is evidence only as to a percentage of impairment of a member, the compensation board cannot translate it into a disability to the body as a whole simply by use of a mathematical formula based on the schedule in KRS 342.”
Hardy Burlingham Mining Co. v. Sawyer, 254 S.W.2d 350 (Ky. Ct. App. 1953).
· cites it 2× “2d 44, 45 , we said: “Where the Board finds as a matter of fact upon competent evidence that a claimant is permanently and partially disabled, the award must be governed by the sections of the compensation act covering permanent partial disability, that is, Section 342.105 and…”
— Ky. Rev. Stat. § 342.105(18) — 2 cases
— Ky. Rev. Stat. § 342.105(19) — 1 case
— Ky. Rev. Stat. § 342.105(20) — 4 cases
Shuman Co. v. May, 327 S.W.2d 14 (Ky. Ct. App. 1959).
“May sought compensation against appellant for the loss of the sight of his left eye pursuant to KRS 342.105(20). He also sought compensation against the Subsequent Injury Fund (KRS 342.”
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