Kentucky Revised Statutes

Ky. Rev. Stat. § 342.121 (2026)

Repealed, 1996

✓ current as of May 2026

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Catchline at repeal: Reference of medical questions in subsequent injury or occupational disease cases to physician -- Report -- Fees and expenses -- Decision of administrative law judge. History: Repealed 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 83, effective December 12, 1996. -- Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 11, effective January 4, 1988. -- Amended 1982 Ky. Acts ch. 278, sec. 18, effective July 15, 1982. -- Amended 1972 Ky. Acts ch. 78, sec. 22. -- Amended 1970 Ky. Acts ch. 6, sec. 4. -- Amended 1964 Ky. Acts ch. 192, sec. 12. -- Amended 1960 Ky. Acts ch. 147, sec. 10. -- Amended 1948 Ky. Acts ch. 151, sec. 1. -- Created 1946 Ky. Acts ch. 23, sec. 2.

Notes of Decisions

Cited in 109 cases, 1953–1989 · leading case: Ed Hall Drilling Co. v. Profitt, 424 S.W.2d 403 (Ky. Ct. App. 1968).

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Ed Hall Drilling Co. v. Profitt, 424 S.W.2d 403 (Ky. Ct. App. 1968). · cites it 4× “KRS 342.121. Specifically, Dr. Mitchell was asked to report the following: (1) Pri- or conditions capable of being aroused into disability by the injury of July 7, 1964, and the respective percentages of disability to Profitt’s body as a whole resulting from each; (2) Total…”

Deby Coal Co. v. Caldwell, 383 S.W.2d 905 (Ky. Ct. App. 1964). · cites it 3× “Pursuant to KRS 342.121 the Workmen’s Compensation Board appointed Dr.”

Yocom v. Conley, 554 S.W.2d 416 (Ky. Ct. App. 1977). · cites it 2× “The appellant, Special Fund, argues that the court erred when it reversed the findings of fact of the Board which dismissed the Special Fund from all liability.”

Haycraft v. Corhart Refractories Co., 544 S.W.2d 222 (Ky. 1976). “Fischer, a specialist appointed pursuant to KRS 342.121 to examine the claimant after the Special Fund had been made a party, and the depositions of Dr.”

Osborne v. Johnson, 432 S.W.2d 800 (Ky. Ct. App. 1968). “Upon the hearing of the claim, there being a question as to the existence and extent of a preexisting congenital defect, the board appointed a physician under KRS 342.121 to to make an examination and report.”

Young v. City Bus Co., 450 S.W.2d 510 (Ky. Ct. App. 1969). · cites it 2× “The Board, pursuant to KRS 342.121, appointed Dr. K. Armand Fischer to make the statutory report.”

Kerns Bakery v. Hodges, 377 S.W.2d 88 (Ky. Ct. App. 1964). · cites it 3× “The grounds relied on for reversal are that the Board erred: In receiving the report of a physician appointed under an invalid statute, namely KRS 342.121; in failing to apportion the award under KRS 342.”

McCown v. Hellier Elkhorn Coal Co., 399 S.W.2d 719 (Ky. Ct. App. 1966). · cites it 3× “315 the filing of exceptions to the physician’s report is not required, which is true. We see no merit in this contention, for KRS 342.”

Yocom v. Jackson, 554 S.W.2d 891 (Ky. Ct. App. 1977). “120 a pre-existing disabling condition may require apportionment regardless of its nature, under subsection (1)(b) of that statute (here applicable) a nondisabling condition must fall within the classification of a ‘disease’.”

Young v. Fulkerson, 463 S.W.2d 118 (Ky. Ct. App. 1971). “Mitchell for the purpose of making the independent medical examination and report prescribed by KRS 342.121. Dr. Mitchell’s report, after reciting pertinent background information, was concluded in the following paragraph: “This man has residuals of backache and bilateral thigh…”

Kentucky West Virginia Gas Co. v. Ritchie, 402 S.W.2d 704 (Ky. Ct. App. 1966). · cites it 3× “Zoeller filed pursuant to KRS 342.121 (4). It also found that appellant had timely notice of Ritchie’s injury.”

Young v. Floyd Cnty. Mining Eng'g Co., 460 S.W.2d 838 (Ky. Ct. App. 1970). · cites it 3× “KRS 342.121. A *840 summary of his report with respect to apportionment of disability is as follows: 1952 accident — Partial permanent disability 15% 1967 accident — Partial permanent disability 15% Arousal of dormant non-disabling disease condition by 1967 accident 0% 1969…”

Show all 109 citing cases →

— Ky. Rev. Stat. § 342.121(1) — 4 cases

McCown v. Hellier Elkhorn Coal Co., 399 S.W.2d 719 (Ky. Ct. App. 1966). “315 the filing of exceptions to the physician’s report is not required, which is true. We see no merit in this contention, for KRS 342.”

Owensboro River Sand & Gravel Co. v. Dickens, 466 S.W.2d 448 (Ky. Ct. App. 1971).

Chestnut Flats Coal Co. v. Jones, 565 S.W.2d 650 (Ky. Ct. App. 1978).

Young v. Woolum, 468 S.W.2d 258 (Ky. Ct. App. 1971).

— Ky. Rev. Stat. § 342.121(3) — 2 cases

Oaks v. Beth-Elkhorn Corp., 438 S.W.2d 482 (Ky. Ct. App. 1969).

Young v. White Deer Coal Co., 441 S.W.2d 108 (Ky. Ct. App. 1969).

— Ky. Rev. Stat. § 342.121(4) — 24 cases

Yocom v. Conley, 554 S.W.2d 416 (Ky. Ct. App. 1977). “The appellant, Special Fund, argues that the court erred when it reversed the findings of fact of the Board which dismissed the Special Fund from all liability.”

Young v. City Bus Co., 450 S.W.2d 510 (Ky. Ct. App. 1969). “The Board, pursuant to KRS 342.121, appointed Dr. K. Armand Fischer to make the statutory report.”

Deby Coal Co. v. Caldwell, 383 S.W.2d 905 (Ky. Ct. App. 1964). “Pursuant to KRS 342.121 the Workmen’s Compensation Board appointed Dr.”

Young v. Floyd Cnty. Mining Eng'g Co., 460 S.W.2d 838 (Ky. Ct. App. 1970). “KRS 342.121. A *840 summary of his report with respect to apportionment of disability is as follows: 1952 accident — Partial permanent disability 15% 1967 accident — Partial permanent disability 15% Arousal of dormant non-disabling disease condition by 1967 accident 0% 1969…”

Combs v. Gaffney, 282 S.W.2d 817 (Ky. Ct. App. 1955).

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