No claim for compensation under this chapter shall be assignable, except court or
administratively-ordered child support pursuant to KRS 403.212. All compensation and
claims therefor, except child support obligations, shall be exempt from all claims of
creditors.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 330, sec. 8, effective July 15, 1994. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4913.
Notes of Decisions
Newberg v. Sarcione, 865 S.W.2d 317 (Ky. 1993).
· cites it 6× “To require Special Fund reimbursement to the employer amounted to a partial assignment to the employer of claimant’s recovery against the Special Fund which is specifically prohibited by KRS 342.180. Likewise, sub- *319 rogation is authorized by KRS 342.”
Brown v. Commonwealth, 40 S.W.3d 873 (Ky. Ct. App. 1999).
· cites it 4× “In that case, workers’ compensation benefits in the appellant’s checking account had been garnisheed, and the Court was asked to decide whether KRS 342.180 precluded the garnishment. That statute provided 3 in part that “[n]o claim for compensation under this chapter shall be…”
Matthews v. Lewis, 617 S.W.2d 43 (Ky. 1981).
· cites it 3× “The workers’ compensation statute (KRS 342.180), which we have under consideration, provides as follows: “342.”
Ball v. Smiddy, 249 S.W.2d 715 (Ky. Ct. App. 1952).
· cites it 4× “Appellee brought this action to enjoin appellants from selling her property upon the grounds that it was purchased with money received in “lump-sum settlement” of compensation payments awarded as the result of the death of her husband and as such, she contends, was exempt from…”
Williams v. Farmers Stockyard, Inc., 297 S.W.3d 586 (Ky. Ct. App. 2009).
· cites it 24× “The Bourbon District Court held that the death benefit received by the estate was exempt from the claims of creditors pursuant to KRS 342.180. The Bourbon Circuit Court reversed, and this appeal followed.”
Quiggins v. Quiggins, 637 S.W.2d 666 (Ky. Ct. App. 1982).
“The issue presented on appeal— whether a worker’s compensation award is to be considered as marital property — appears to be one of first impression in this jurisdiction.”
Decker & Mattison Co. v. Wilson, 44 P.3d 341 (Kan. 2002).
“1981) (“We hold that unless they provide clearly to the contraiy, Kentucky’s exemption statutes, including but not limited to KRS 342.180, extend protection to deposits in bank checking accounts so long as those deposits can be identified as or traced to payments of exempt funds.”
Am. Gen. Life Ins. Co. v. DRB Capital, LLC, 562 S.W.3d 916 (Mo. Ct. App. 2018).
“9 Additionally, KRS 342.180 states *928 that generally, no claim for compensation under the workers' compensation statutes is assignable.”
Kentucky Employers' Mut. Ins. v. Novation Capital, LLC, 361 S.W.3d 320 (Ky. Ct. App. 2011).
· cites it 8× “KEMI alleges that the Workers’ Compensation Board had exclusive subject matter jurisdiction and that Taylor was precluded from assigning his benefits to a third-party under KRS 342.180, which prohibits the assignment of a claim for workers’ compensation benefits.”
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