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

Ky. Rev. Stat. § 342.1202 (2026)

Repealed, 1996

✓ current as of May 2026
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Catchline at repeal: Apportionment of award for income benefits for permanent disability based on pre-existing disease or pre-existing condition of the back or the heart -- Limit on special fund's liability for all other injury claims. History: Repealed 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 83, effective December 12, 1996. -- Amended 1994 Ky. Acts ch. 181, Part 9, sec. 32, effective April 4, 1994. -- Amended 1990 Ky. Acts ch. 3, sec. 1, effective July 13, 1990. -- Created 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 10, effective October 26, 1987.

Notes of Decisions
Cited in 17 cases, 1993–2015 · leading case: Commonwealth, Cent. State Hosp. v. Gray, 880 S.W.2d 557 (Ky. 1994).
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Commonwealth, Cent. State Hosp. v. Gray, 880 S.W.2d 557 (Ky. 1994). · cites it 12× “Therefore, the award was apportioned pursuant to KRS 342.1202. The employer was held liable for all temporary total disability (TTD) benefits.”
Hale v. CDR Operations, Inc., 474 S.W.3d 129 (Ky. 2015). · cites it 6× “Effective October 26, 1987, KRS 342.1202 was enacted, mandating 50-50 apportionment of liability between the employer and the Special Fund in back and heart claims.”
Newberg v. Thomas Indus., 852 S.W.2d 339 (Ky. Ct. App. 1993). · cites it 6× “The Administrative Law Judge (AU) found that the neck injury, which occurred in 1988 (after the October 26, 1987 effective date of KRS 342.1202), resulted in a 10% permanent occupational disability.”
Heartland Health Care Ctr. v. Maupin, 887 S.W.2d 553 (Ky. 1994). · cites it 5× “OPINION OF THE COURT The issue in these cases is when a work-related back or heart condition is automatically apportioned equally between the employer and the Special Fund pursuant to KRS 342.1202, shall another compensable condition related to the underlying heart or back…”
Whittaker v. Cecil, 69 S.W.3d 69 (Ky. 2002). “In the instant case, there is no dispute that on the date of injury KRS 342.1202 mandated equal apportionment of an award involving a preexisting condition of the back, that KRS 342.”
Accuride Corp. v. Donahoo, 865 S.W.2d 652 (Ky. 1993). · cites it 3× “This claim arose before the 1987 enactment of KRS 342.1202 which would settle this issue and is therefore governed by the apportionment provisions contained in KRS 342.”
Benson's Inc. v. Fields, 941 S.W.2d 473 (Ky. 1997). · cites it 11× “1202(2), the 1994 amendment to KRS 342.1202, was remedial in nature and may be applied retroactively to a claim which arose before its effective date.”
Fleming v. Windchy, 953 S.W.2d 604 (Ky. 1997). “Here, it is undisputed that liability is apportioned equally between Trojan and the Special Fund pursuant to KRS 342.1202(1).”
Whittaker v. Fleming, 25 S.W.3d 460 (Ky. 2000). · cites it 6× “The 1991 award was payable- for so long as the claimant remained totally disabled and was apportioned equally between Trojan and the Special Fund.”
Phoenix Mfg. Co. v. Johnson, 69 S.W.3d 64 (Ky. 2002). · cites it 2× “Fleming II pointed out, however, that when enacting KRS 342.1202, the legislature limited the Special Fund's liability in a back injury claim to 50%, regardless of the extent to which a prior back condition contributed to the worker's ultimate disability.”
Bennett v. Special Fund, 919 S.W.2d 225 (Ky. Ct. App. 1996). · cites it 5× “The Plaintiff refers us to KRS 342.1202 and the mandated 50/50 apportionment in back cases.”
Dickerson v. Twentieth Century Hoov-R-Line, 893 S.W.2d 365 (Ky. 1994). “The ALJ’s decision to overrule the motion to join the Special Fund as untimely was affirmed, and the ease was remanded for the entry of an award against the employer in conformity with KRS 342.1202. The Board noted that the Special Fund was not a party and that, under the…”
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— Ky. Rev. Stat. § 342.1202(1) — 3 cases
Fleming v. Windchy, 953 S.W.2d 604 (Ky. 1997). “Here, it is undisputed that liability is apportioned equally between Trojan and the Special Fund pursuant to KRS 342.1202(1).”
Benson's Inc. v. Fields, 941 S.W.2d 473 (Ky. 1997). “1202(2), the 1994 amendment to KRS 342.1202, was remedial in nature and may be applied retroactively to a claim which arose before its effective date.”
Whittaker v. Fleming, 25 S.W.3d 460 (Ky. 2000). “The 1991 award was payable- for so long as the claimant remained totally disabled and was apportioned equally between Trojan and the Special Fund.”
— Ky. Rev. Stat. § 342.1202(2) — 2 cases
Hale v. CDR Operations, Inc., 474 S.W.3d 129 (Ky. 2015). “Effective October 26, 1987, KRS 342.1202 was enacted, mandating 50-50 apportionment of liability between the employer and the Special Fund in back and heart claims.”
Benson's Inc. v. Fields, 941 S.W.2d 473 (Ky. 1997). “1202(2), the 1994 amendment to KRS 342.1202, was remedial in nature and may be applied retroactively to a claim which arose before its effective date.”
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