Kentucky Revised Statutes
Ky. Rev. Stat. § 342.115 (2026)
Repealed, 1970
✓ current as of May 2026
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Catchline at repeal: Refusal of proper employment forfeits compensation. History: Repealed 1970 Ky. Acts ch. 16, sec. 7. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4900.
Notes of Decisions
Cited in 7
cases, 1944–1967 · leading case: Savage v. Claussner Hosiery Co., 379 S.W.2d 473 (Ky. Ct. App. 1964).
Savage v. Claussner Hosiery Co., 379 S.W.2d 473 (Ky. Ct. App. 1964). “KRS 342.115 provides that, if an injured employee refuses to accept suitable employment, he shall not be entitled to compensation during the period of such refusal unless the refusal was justified.”
Warner v. Lexington Roller Mills, Inc., 206 S.W.2d 471 (Ky. Ct. App. 1947). “The basis of the Board’s ruling in the foregoing case appears to have been Section 342.115 KRS, which provides as follows: “If an injured employe refuses employment reasonably suited to his capacity and physical condition procured for him, he shall not be entitled to…”
E. & L. Transp. Co. v. Hayes, 341 S.W.2d 240 (Ky. Ct. App. 1960). “This Court, in affirming the order of the board, concluded that the board had given consideration to KRS 342.115 and that the board’s solution of the case was “fair and equitable.”
Black Mountain Corp. v. Mullins, 194 S.W.2d 528 (Ky. Ct. App. 1946). “Appellant in its response thereto admitted all of the facts hereinbefore stated, and in a separate paragraph affirmatively alleged the facts of appellee’s subsequent employment by it, his voluntary ceasing to labor thereunder, and relied on section 342.115, supra, as a defense…”
Kentucky-Jellico Coal Co. v. Jones, 184 S.W.2d 216 (Ky. Ct. App. 1944). “KRS 342.115. If Jones’ condition improves, as the evidence shows it should, the Company can ask that the ease be reopened.”
Bell Coal Co. v. Jackson, 192 S.W.2d 947 (Ky. Ct. App. 1946). “There is no provision of the Workmen’s Compensation Act which requires an injured employee to report to either his former employer or the Board when he obtains new employment.”
Rose v. Acme Wrecking Co., 414 S.W.2d 906 (Ky. Ct. App. 1967). “Mitchell was appointed under the provisions of KRS 342.115. He made an examination of Rose and filed a report.”
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