(1) If any administrative law judge, the board, or any court before whom any
proceedings are brought under this chapter determines that such proceedings have
been brought, prosecuted, or defended without reasonable ground, he or it may
assess the whole cost of the proceedings which shall include actual expenses but not
be limited to the following: court costs, travel expenses, deposition costs, physician
expenses for attendance fees at depositions, attorney fees, and all other out-of-
pocket expenses upon the party who has so brought, prosecuted, or defended them.
(2) If any administrative law judge, the board, or any court before whom any
proceedings are brought under this chapter determines that a party has committed
acts in violation of KRS 342.335(1) or (2), that party may be ordered to make
restitution for any compensation paid as a result of the commission of such acts.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 514, sec. 21, effective July 14, 2000. -- Amended
1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 62, effective December 12, 1996. --
Amended 1996 Ky. Acts ch. 355, sec. 10, effective July 15, 1996. -- Amended 1987
(1st Extra. Sess.) Ky. Acts ch. 1, sec. 39, effective January 4, 1988. -- Amended 1984
Ky. Acts ch. 78, sec. 1, effective July 13, 1984. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4940.
Notes of Decisions
Hall v. Hosp. Resources, Inc., 276 S.W.3d 775 (Ky. 2008).
· cites it 6× “Aside from CR 11, KRS 342.310 is an additional deterrent to the filing of such frivolous motions.”
Richey v. Perry Arnold, Inc., 391 S.W.3d 705 (Ky. 2012).
· cites it 8× “305, we believe an ALJ becomes virtually obligated to assess sanctions pursuant to KRS 342.310. In order for KRS 342.310 to be used by an ALJ, it matters not whether a party asks for sanctions.”
Kentucky Employers Mut. Ins. v. Coleman, 236 S.W.3d 9 (Ky. 2007).
· cites it 4× “Tackett, under KRS 342.310. The ALJ also directed Mr. Tackett's attorney to file a motion for "the attorneys fee which he considers reasonable," and noted that a reasonable fee "shall .”
Peabody Coal Co. v. Goforth, 857 S.W.2d 167 (Ky. 1993).
· cites it 12× “Accordingly, it was unreasonable for the employer to defend against the claimant’s motion to compel payment of the bills, a violation of KRS 342.310. Furthermore, the employer’s continued resistance was contrary to the intent of KRS 342.”
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
· cites it 2× “) KRS 342.310(1) provides for the assessment of the "whole cost" of any proceedings, including but not limited to, "court costs, travel expenses, deposition costs, physician expenses for attendance fees at depositions, attorney fees, and all other out-of-pocket expenses" against…”
Zurich Ins. Co. v. Mitchell, 712 S.W.2d 340 (Ky. 1986).
· cites it 2× “A claimant cannot elevate a simple delay in payments into an actionable tort merely by using the terms fraudulent, deceitful and intentional.”
City of Louisville v. Slack, 39 S.W.3d 809 (Ky. 2001).
· cites it 4× “275(1) provides in relevant part that the right to appeal an arbitrator's award is "subject to penalties for unreasonable proceedings under KRS 342.310." In turn, KRS 342.310(1) provides a means for sanctioning an employer who brings an appeal in bad faith by giving the ALJ…”
Mastin v. Liberal Markets, 674 S.W.2d 7 (Ky. 1984).
· cites it 2× “KRS 342.310 provides: “Court may assess cost of unreasonable proceedings.”
Officeware v. Jackson, 247 S.W.3d 887 (Ky. 2008).
· cites it 4× “040(1) and to pay the claimant’s attorney’s fees under KRS 342.310(1). The employer appealed, but the Workers’ Compensation Board (Board) and the Court of Appeals affirmed.”
Roberts v. Estep, 845 S.W.2d 544 (Ky. 1993).
· cites it 4× “Carter Estep has requested sanctions pursuant to KRS 342.310 and Woolum v. Woolum, Ky.App.”
Rager v. Crawford & Co., 256 S.W.3d 4 (Ky. 2008).
· cites it 4× “320(7) permits an ALJ to award an attorney’s fee in a medical reopening, but KRS 342.310 provides the only statutory basis to impose the fee on the employer.”
Kroger v. Ligon, 338 S.W.3d 269 (Ky. 2011).
“17 KRS 342.310(1) permits either party to be sanctioned for prosecuting or defending such a dispute unreasonably.”
— Ky. Rev. Stat. § 342.310(1) — 15 cases
Richey v. Perry Arnold, Inc., 391 S.W.3d 705 (Ky. 2012).
“305, we believe an ALJ becomes virtually obligated to assess sanctions pursuant to KRS 342.310. In order for KRS 342.310 to be used by an ALJ, it matters not whether a party asks for sanctions.”
Hall v. Hosp. Resources, Inc., 276 S.W.3d 775 (Ky. 2008).
“Aside from CR 11, KRS 342.310 is an additional deterrent to the filing of such frivolous motions.”
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
“) KRS 342.310(1) provides for the assessment of the "whole cost" of any proceedings, including but not limited to, "court costs, travel expenses, deposition costs, physician expenses for attendance fees at depositions, attorney fees, and all other out-of-pocket expenses" against…”
Kentucky Employers Mut. Ins. v. Coleman, 236 S.W.3d 9 (Ky. 2007).
“Tackett, under KRS 342.310. The ALJ also directed Mr. Tackett's attorney to file a motion for "the attorneys fee which he considers reasonable," and noted that a reasonable fee "shall .”
Officeware v. Jackson, 247 S.W.3d 887 (Ky. 2008).
“040(1) and to pay the claimant’s attorney’s fees under KRS 342.310(1). The employer appealed, but the Workers’ Compensation Board (Board) and the Court of Appeals affirmed.”
— Ky. Rev. Stat. § 342.310(2) — 1 case
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