Any party in interest may file in the Circuit Court of the county in which the injury
occurred a certified copy of a memorandum of agreement approved by the administrative
law judge, or of an order or decision of the administrative law judge or board, or of an
award of the administrative law judge unappealed from, or of an award of the board
rendered upon an appeal whether or not there is a motion to reopen or review pending
under KRS 342.125. The court shall render judgment in accordance therewith and notify
the parties. Such judgment shall have the same effect, and all proceedings in relation
thereto shall thereafter be the same as though it had been rendered in a suit duly heard and
determined by that court. Any such judgment, unappealed from or affirmed on appeal or
modified in obedience to the mandate of the Court of Appeals, shall be modified to
conform to any decision of the administrative law judge ending, diminishing, or
increasing any weekly payment under the provisions of KRS 342.125 upon a presentation
to it of a certified copy of such decision.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 514, sec. 20, effective July 14, 2000. -- Amended
1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 61, effective December 12, 1996. --
Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 38, effective January 4, 1988. --
Amended 1972 Ky. Acts ch. 78, sec. 28. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 4939.
Legislative Research Commission Note (4/22/94). The phrase "unappealed from, or of
an award" has been restored to the first sentence of this statute to reflect the text of
this statute as enacted by 1916 Ky. Acts ch. 33, sec. 56 (codified at K.S. 4939) and
reenacted as KRS 342.305 by 1942 Ky. Acts ch. 208, sec. 1. In the amendment of
KRS 342.305 made by 1972 Ky. Acts ch. 78, sec. 28, this language was erroneously
printed as "on appeal from, or an award" although no legislative change in this text
was made by bracketed deletion and italicized insertion. This erroneous text was then
brought into the Kentucky Revised Statutes through codification and retained in the
1987 amendment of the statute. Pursuant to KRS 7.136(1)(h), this manifest clerical or
typographical error has been corrected. See also KRS 446.270 and 446.280.
Notes of Decisions
Hall v. Hosp. Resources, Inc., 276 S.W.3d 775 (Ky. 2008).
· cites it 2× “KRS 342.305. But, unlike other final judgments, they may be reopened on the motion of either party under certain, specified conditions.”
Palmore v. Swiney, 807 S.W.2d 950 (Ky. Ct. App. 1990).
· cites it 7× “Swiney filed a motion with the Pike Circuit Court pursuant to KRS 342.305 to enforce the original 1978 order of the Workers’ Compensation Board.”
Richey v. Perry Arnold, Inc., 391 S.W.3d 705 (Ky. 2012).
· cites it 2× “n-Chairman Lovan stated on behalf of a unanimous Board as follows: When, as here, the employer never files a medical dispute, never files a motion to reopen, continues to refuse to pay medical expenses, even if based upon utilization review, and requires the employee to seek…”
Krahwinkel v. Commonwealth Aluminum Corp., 183 S.W.3d 154 (Ky. 2006).
· cites it 2× “See KRS 342.305. The claimant had settled her tort action against one of the third-party tortfeasors pursuant to a settlement agreement that allocated damages by categories, but allocated most of the damages to pain and suffering, Mastin, 674 S.”
Coalfield Tel. Co. v. Thompson, 113 S.W.3d 178 (Ky. 2003).
· cites it 2× “an administrative law judge, shall be enforceable pursuant to KRS 342.305. The question presented by this workers’ compensation appeal is whether correspondence between attorneys for the defendant-employer and the claimant (now deceased) constituted a sufficient memorandum of an…”
Whittaker v. Reeder, 30 S.W.3d 138 (Ky. 2000).
· cites it 2× “In an alternative argument, they asserted that the ALJ had failed to clarify the manner in which the periodic and lump-sum payments under the prior award should be credited against the award entered at reopening; thus, they asserted that the award was not reasonably enforceable…”
WT Sistrunk & Co. v. Kells, 706 S.W.2d 417 (Ky. Ct. App. 1986).
· cites it 3× “This is an appeal from a judgment which enforced a final award and order of the Workers’ Compensation Board (Board) pursuant to KRS 342.305. Appellee Michael Lee Kells was originally an employee of appellant W.”
Brown Badgett, Inc. v. Calloway, 675 S.W.2d 389 (Ky. 1984).
· cites it 2× “The trial court entered judgment in a KRS 342.305 proceeding to enforce the medical portion of an award of the Workers’ Compensation Board.”
Johnson v. Gans Furniture Indus., Inc., 114 S.W.3d 850 (Ky. 2003).
“KRS 342.305. But, unlike other final judgments, they may be reopened on the motion of either party -under certain, *856 specified conditions.”
Pierce v. Russell Sportswear Corp., 586 S.W.2d 301 (Ky. Ct. App. 1979).
· cites it 3× “This was totally contrary to KRS 342.305, which provides: 342.305. Enforcement by circuit court of agreement or award.”
Whittaker v. Cecil, 69 S.W.3d 69 (Ky. 2002).
“The application of these principles to final workers’ compensation awards is grounded in the fact that because there is an extensive procedure for taking appeals, an award that has become final is enforceable as a final judgment under KRS 342.305 and should not be disturbed…”
Hudson v. Cave Hill Cemetery, 331 S.W.3d 267 (Ky. 2011).
“4 The statute requires an ALJ to approve the parties’ agreement, after which KRS 342.305 permits it to be enforced in circuit court as a judgment.”
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.