Kentucky Revised Statutes

Ky. Rev. Stat. § 342.170 (2026)

Repealed, effective January 1, 1973

✓ current as of May 2026
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Catchline at repeal: Minor illegally employed. History: Repealed 1972 Ky. Acts ch. 78, sec. 36, effective January 1, 1973. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4911.

Notes of Decisions
Cited in 15 cases, 1945–2003 · leading case: Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003). · cites it 4× “640 and repeal of KRS 342.170 reflect a legislative intent to eliminate any tort remedy for injuries sustained by an illegally employed minor).”
Am. Gen. Life & Accident Ins. Co. v. Hall, 74 S.W.3d 688 (Ky. 2002). · cites it 2× “2d 396 (1967) (interpreting an identical waiver provision in former KRS 342.170). The Court of Appeals believed that our decisions in Meyers v.”
Miller v. Scott, 339 S.W.2d 941 (Ky. Ct. App. 1960). · cites it 2× “ing out of and in the course of his -employment, or for death resulting from such injury, within two years thereafter, or for disability or death resulting from occupational disease as defined in this chapter, the employer shall be liable to provide and pay compensation under…”
Marquez v. Rapid Harvest Co., 405 P.2d 814 (Ariz. Ct. App. 1965). · cites it 2× “KRS 342.170 provides for like action in some accidents where minors are injured.”
Wilson v. SKW Alloys, Inc., 893 S.W.2d 800 (Ky. Ct. App. 1995). “We are presented with two questions: (1) whether KRS 342.170(3) requires a determination that work for which a worker has previous training or experience be “suitable employment” before rehabilitation benefits may be denied; and (2) whether rate of pay is relevant to such a…”
Kentucky Utils. Co. v. Jackson Cnty. Rural Elec. Coop. Corp., 438 S.W.2d 788 (Ky. Ct. App. 1968). “ising out of and in the course of his employment, or for death resulting from such injury, within two years thereafter, or for disability or death resulting from occupational disease as defined in this chapter, the employer shall be liable to provide and pay compensation under…”
Patrick ex rel. Patrick v. Highbaugh, 347 S.W.2d 88 (Ky. Ct. App. 1961). · cites it 3× “On May 13, 1959, the trial court sustained appellees’ motion for summary judgment on the ground that appellant had made an election of remedies under KRS 342.170 when he filed his application under the Workmen’s Compensation Act and should not be permitted to prosecute a common…”
Davis v. Solomon, 276 S.W.2d 674 (Ky. Ct. App. 1955). “rovisions of this chapter for a personal 'injury, received by an employe by accident and arising out of and in the course of his employment, or for death resulting from such injury, within two years thereafter, the employer shall be liable to provide and pay compensation under…”
Roberts ex rel. Roberts v. George W. Hill & Co., 23 S.W.3d 635 (Ky. 2000). “KRS 342.170. Thus, by enacting the current statute, the legislature specifically rejected the alternative of tort liability and embraced workers’ compensation coverage for minors, even if illegally employed.”
Caldwell v. Jarvis, 185 S.W.2d 552 (Ky. Ct. App. 1945). · cites it 4× “065 and KRS 342.170 which read, with the exception of the form set forth in Section 342.”
Riddell's Adm'r v. Berry, 298 S.W.2d 1 (Ky. Ct. App. 1956). “KRS 342.170, a section of that Act, provides: *4 “If any minor employe is injured or killed while being employed by the employer in willful and known violation of any law of this state regulating the employment of minors, the statutory guardian or personal representative of the…”
Preston v. Elm Hill Meats, Inc., 420 S.W.2d 396 (Ky. Ct. App. 1967). “KRS 342.170 provides in part, as follows: “If any minor employee is injured or killed while being employed by the employer in willful and known violation of any law of this state regulating the employment of minors, the statutory guardian or personal representative of the min-…”
— Ky. Rev. Stat. § 342.170(3) — 1 case
Wilson v. SKW Alloys, Inc., 893 S.W.2d 800 (Ky. Ct. App. 1995). “We are presented with two questions: (1) whether KRS 342.170(3) requires a determination that work for which a worker has previous training or experience be “suitable employment” before rehabilitation benefits may be denied; and (2) whether rate of pay is relevant to such a…”
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