diagnosis of coal-related pneumoconiosis -- Civil remedies.
(1) No employee shall be harassed, coerced, discharged, or discriminated against in any
manner whatsoever for filing and pursuing a lawful claim under this chapter.
(2) It is unlawful practice for an employer:
(a) To fail or refuse to hire, or to discharge any individual, or otherwise to
discriminate against an individual with respect to his compensation, terms,
conditions, or privileges of employment, because such individual has been
diagnosed as having category 1/0, 1/1, or 1/2 occupational pneumoconiosis
with no respiratory impairment resulting from exposure to coal dust; or
(b) To limit, segregate, or classify his employees in any way which would deprive
or tend to deprive an individual of employment opportunities or otherwise
adversely affect his status as an employee, because such individual has been
diagnosed as having category 1/0, 1/1, or 1/2 occupational pneumoconiosis
with no respiratory impairment resulting from exposure to coal dust.
(3) Any individual injured by any act in violation of the provisions of subsection (1) or
(2) of this section shall have a civil cause of action in Circuit Court to enjoin further
violations, and to recover the actual damages sustained by him, together with the
costs of the law suit, including a reasonable fee for his attorney of record.
Effective: October 26, 1987.
History: Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 21, effective October 26,
1987. -- Created 1984 Ky. Acts ch. 96, sec. 1, effective July 13, 1984.
Notes of Decisions
Nelson Steel Corp. v. McDaniel, 898 S.W.2d 66 (Ky. 1995).
· cites it 34× “The employer, Nelson Steel Corporation, moved this Court for further review, which we have granted.”
Overnite Transp. Co. v. Gaddis, 793 S.W.2d 129 (Ky. Ct. App. 1990).
· cites it 11× “STUMBO, Judge: OVERNITE Transportation Company (hereinafter “Overnite”) appeals from a judgment assessing damages and attorney’s fees against it for allegedly wrongful discharge in violation of KRS 342.197. For the reasons set forth herein, we affirm.”
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
· cites it 6× “KRS 342.197(3) authorizes a civil action for damages against an employer who has discriminated against an employee for filing and pursuing a lawful workers' compensation claim or because the employee suffers from early stage pneumoconiosis, viz: Any individual injured by any act…”
Wymer v. JH Props., Inc., 50 S.W.3d 195 (Ky. 2001).
· cites it 4× “Clearly, KRS 342.197 protects workers from being harassed, coerced, discharged or discriminated against for pursuing a workers' compensation claim in this type of situation.”
Dollar Gen. Partners v. Upchurch, 214 S.W.3d 910 (Ky. Ct. App. 2006).
· cites it 6× “Arney Upchurch filed an action against Dollar General Partners alleging that he was discharged in retaliation for filing a workers’ compensation claim in violation of KRS 342.197. The jury returned a verdict awarding $25,000 in back pay and $250,000 in front pay.”
Kentucky Harlan Coal Co. v. Holmes, 872 S.W.2d 446 (Ky. 1994).
· cites it 6× “KRS 342.197(1) prohibits discrimination against workers who have filed a claim for workers' compensation benefits.”
Donald Bush v. Compass Grp. USA, 683 F. App'x 440 (6th Cir. 2017).
· cites it 2× “§ 2615 (“FMLA”), and the Kentucky Workers’ Compensation Act, Ky. Rev. Stat. § 342.197 (“KWCA”). He asks us to vacate the district court’s summary judgment order, and remand for trial.”
Bishop v. Manpower, Inc. of Cent. Kentucky, 211 S.W.3d 71 (Ky. Ct. App. 2006).
· cites it 6× “Furthermore, considering the legislative intent expressed in KRS 342.197, an employee may have a cause of action for retaliatory discharge even if he has not yet filed a formal workers’ compensation claim.”
Hardaway Mgmt. Co. v. Southerland, 977 S.W.2d 910 (Ky. 1998).
· cites it 4× “; (2) retaliatory discharge in violation of Kentucky's Workers' Compensation Act, KRS 342.197; and (3) wrongful termination in violation of the Kentucky Equal Opportunities Act (KEOA), KRS 207.”
First Prop. Mgmt. Corp. v. Zarebidaki, 867 S.W.2d 185 (Ky. 1993).
· cites it 4× “We are engaged in interpreting and applying the statutory language found in KRS 342.197 which covers discrimination against employees who have filed workers’ compensation claims.”
White v. Coventry Health & Life Ins. Co., 680 F. App'x 410 (6th Cir. 2017).
· cites it 2× “” White brought suit against Coventry and five of her co-workers and supervisors, alleging: 1) unlawful retaliation for filing a workers’ compensation claim, Ky. Rev. Stat. Ann. § 342.197 ; 2) discrimination on the basis of race, gender, and age, id.”
Curty v. Norton Healthcare, Inc., 561 S.W.3d 374 (Ky. Ct. App. 2018).
“…the orders of the Jefferson Circuit Court are AFFIRMED. ALL CONCUR. Kentucky Revised Statutes (KRS) 344.280, et seq. KRS 342.197.”
— Ky. Rev. Stat. § 342.197(1) — 23 cases
Nelson Steel Corp. v. McDaniel, 898 S.W.2d 66 (Ky. 1995).
“The employer, Nelson Steel Corporation, moved this Court for further review, which we have granted.”
Wymer v. JH Props., Inc., 50 S.W.3d 195 (Ky. 2001).
“Clearly, KRS 342.197 protects workers from being harassed, coerced, discharged or discriminated against for pursuing a workers' compensation claim in this type of situation.”
Donald Bush v. Compass Grp. USA, 683 F. App'x 440 (6th Cir. 2017).
“§ 2615 (“FMLA”), and the Kentucky Workers’ Compensation Act, Ky. Rev. Stat. § 342.197 (“KWCA”). He asks us to vacate the district court’s summary judgment order, and remand for trial.”
Dollar Gen. Partners v. Upchurch, 214 S.W.3d 910 (Ky. Ct. App. 2006).
“Arney Upchurch filed an action against Dollar General Partners alleging that he was discharged in retaliation for filing a workers’ compensation claim in violation of KRS 342.197. The jury returned a verdict awarding $25,000 in back pay and $250,000 in front pay.”
Hardaway Mgmt. Co. v. Southerland, 977 S.W.2d 910 (Ky. 1998).
“; (2) retaliatory discharge in violation of Kentucky's Workers' Compensation Act, KRS 342.197; and (3) wrongful termination in violation of the Kentucky Equal Opportunities Act (KEOA), KRS 207.”
— Ky. Rev. Stat. § 342.197(2) — 2 cases
Kentucky Harlan Coal Co. v. Holmes, 872 S.W.2d 446 (Ky. 1994).
“KRS 342.197(1) prohibits discrimination against workers who have filed a claim for workers' compensation benefits.”
— Ky. Rev. Stat. § 342.197(2)(a) — 4 cases
— Ky. Rev. Stat. § 342.197(3) — 10 cases
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
“KRS 342.197(3) authorizes a civil action for damages against an employer who has discriminated against an employee for filing and pursuing a lawful workers' compensation claim or because the employee suffers from early stage pneumoconiosis, viz: Any individual injured by any act…”
Dollar Gen. Partners v. Upchurch, 214 S.W.3d 910 (Ky. Ct. App. 2006).
“Arney Upchurch filed an action against Dollar General Partners alleging that he was discharged in retaliation for filing a workers’ compensation claim in violation of KRS 342.197. The jury returned a verdict awarding $25,000 in back pay and $250,000 in front pay.”
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