Upon motion of either party and a sufficient showing of reason and necessity therefor, the
board, if an appeal is taken, may continue in force the award, judgment, or order appealed
from, pending its decision of such appeal, but to be suspended upon the execution by the
adverse party of a supersedeas bond for appeal to the Court of Appeals.
Effective: January 4, 1988.
History: Amended 1987 (1st. Extra. Sess.) Ky. Acts ch. 1, sec. 37, effective January 4,
1988. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 4938.
Notes of Decisions
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
· cites it 6× “Finally, if, as here, a worker believes that an appeal from an award was frivolous or was taken for the purpose of delay, KRS 342.300 authorizes a motion for a continuation of payments under the award during the pendency of the appeal.”
Henry Vogt Mach. Co. v. Scruggs, 769 S.W.2d 766 (Ky. Ct. App. 1989).
· cites it 4× “KRS 342.300 provides that, on appeal to the Court of Appeals, a supersedeas bond may be filed to stay payment of benefits previously awarded to the claimant under the same statute.”
Tube Turns Div. v. Logsdon, 677 S.W.2d 897 (Ky. Ct. App. 1984).
“The claimant can still be protected during the pendency of the appeal by the operation of KRS 342.300. We also believe KRS 342.285 contemplates judicial review of such an award as presented here.”
Smith v. Allied Tools & Supply Co., 583 S.W.2d 508 (Ky. Ct. App. 1979).
· cites it 5× “Allied submits that the circuit court does not have the authority under KRS 342.300 to direct the continuation of payment of benefits pending an appeal to the Court of Appeals unless there is a sufficient showing of reason and necessity in the circuit court for such a…”
E. I. DuPont de Nemours & Co. v. Connick, 420 S.W.2d 129 (Ky. Ct. App. 1967).
“The appellant company (hereinafter DuPont) had superseded the judgment pursuant to KRS 342.300. On March 12, 1966, when the mandate was issued, $4,000 of the original award was due and payable, and it was promptly paid.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.