written notice of rejection -- Withdrawal of election.
(1) Where an employer is subject to this chapter, then every employee of that employer,
as a part of his or her contract of hiring or who may be employed at the time of the
acceptance of the provisions of this chapter by the employer, shall be deemed to
have accepted all the provisions of this chapter and shall be bound thereby unless he
or she shall have filed, prior to the injury or incurrence of occupational disease,
written notice to the contrary with the employer; and the acceptance shall include all
of the provisions of this chapter with respect to traumatic personal injury, silicosis,
and any other occupational disease. However, before an employee's written notice
of rejection shall be considered effective, the employer shall file the employee's
notice of rejection with the Department of Workers' Claims. The commissioner of
that department shall not give effect to any rejection of this chapter not voluntarily
made by the employee. If an employee withdraws his or her rejection, the employer
shall notify the commissioner.
(2) An employer shall not require an employee to execute a rejection of this chapter as
either a condition to obtain employment or a condition to maintain employment. An
employer shall not terminate an employee for refusal to execute a rejection of this
chapter.
(3) Until notice to the contrary as specified in subsection (1) of this section is given to
the employer, the measure of liability of the employer shall be determined according
to the compensation provisions of this chapter. Any employee, may, without
prejudice to any existing right or claim, withdraw his election to reject this chapter
by filing with the employer a written notice of withdrawal, stating the date when the
withdrawal is to become effective. Following the filing of that notice, the status of
the party withdrawing shall become the same as if the former election to reject this
chapter had not been made, except that withdrawal shall not be effective as to any
injury sustained or disease incurred less than one (1) week after the notice is filed.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1829, effective July 15, 2010. --
Amended 1996 Ky. Acts ch. 355, sec. 15, effective July 15, 1996. -- Amended 1994
Ky. Acts ch. 181, Part 15, sec. 87, effective April 4, 1994. -- Amended 1976 Ky.
Acts ch. 160, sec. 8. -- Amended 1956 Ky. Acts ch. 77, sec. 14, effective August 1,
1956. -- Amended 1952 Ky. Acts ch. 82, sec. 1. -- Amended 1948 Ky. Acts ch. 64,
sec. 15. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 4957.
Notes of Decisions
Blackstone Mining Co. v. Travelers Ins. Co., 351 S.W.3d 193 (Ky. 2011).
· cites it 18× “At various times during the periods of coverage, twenty-three of Blackstone's employees executed Department of Workers' Claims forms [1] rejecting workers' compensation coverage as permitted under KRS 342.395. In lieu of workers' compensation coverage, Blackstone provided the…”
Shamrock Coal Co., Inc. v. Maricle, 5 S.W.3d 130 (Ky. 1999).
· cites it 4× “, elected not to be covered under the Workers' Compensation Act, KRS 342.395. The former employees sued Shamrock in the Leslie Circuit Court seeking damages for their respective occupational diseases.”
Fann v. McGuffey, 534 S.W.2d 770 (Ky. Ct. App. 1975).
· cites it 4× “2d 11 (1971), and in relation to KRS 342.395, which provides that an employee, as a part of his contract of hiring, shall be deemed to have accepted all the provisions of the Workmen's Compensation Act and be bound thereby unless he shall have filed written notice to the…”
Brown v. Indiana Ins. Co., 184 S.W.3d 528 (Ky. 2005).
· cites it 2× “, the employee rejected coverage under the Workers' Compensation Act, KRS 342.395(1); the employee forfeited compensation benefits by failing to give timely notice of the accident, KRS 342.”
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
· cites it 2× “In addition, KRS 342.395(3) provides that until and unless an employee files a written notice of rejection of the Act, i.”
Roethke v. Sanger, 68 S.W.3d 352 (Ky. 2001).
· cites it 2× “KRS 342.395.) They also sued Chris Sanger, claiming that he negligently supervised the installation of the roof, and "Sanger Crane Service," claiming that it, as Chris Sanger's employer, was vicariously liable for Sanger's negligence.”
Gateway Constr. Co. v. Wallbaum, 356 S.W.2d 247 (Ky. Ct. App. 1962).
· cites it 3× “KRS 342.395 provides that the election of the employer to operate under the Act carries with it "as a part of his contract of hiring" a corresponding acceptance by the employee.”
Dick v. Int'l Harvester Co., 310 S.W.2d 514 (Ky. Ct. App. 1958).
· cites it 5× “82, now *516 KRS 342.395, 1953 edition. See Wells v. Jefferson County, Ky.”
Firestone Textile Co. Div. v. Meadows, 666 S.W.2d 730 (Ky. 1983).
“Nevertheless, it does plainly exhibit a policy that employees should be free to accept or reject coverage without coercion by their employers, KRS 342.395, and that they should not be deceived into foregoing lawful claims for benefits or into accepting less than is due them.”
Gen. Elec. Co. v. Cain, 236 S.W.3d 579 (Ky. 2007).
“The right to accept or reject the Act, now embodied in KRS 342.395, was added and the Act was later upheld: It is quite correct to say that this section operates as a restraint on the General Assembly and prohibits it from attempting to limit the amount of recovery in the cases…”
Boykins v. Hous. Auth. of Louisville, 842 S.W.2d 527 (Ky. 1992).
· cites it 2× “NOTES [1] The policy of KRS 342.395 is that employees should be free to accept or reject coverage without coercion by their employers.”
— Ky. Rev. Stat. § 342.395(1) — 7 cases
Blackstone Mining Co. v. Travelers Ins. Co., 351 S.W.3d 193 (Ky. 2011).
“At various times during the periods of coverage, twenty-three of Blackstone's employees executed Department of Workers' Claims forms [1] rejecting workers' compensation coverage as permitted under KRS 342.395. In lieu of workers' compensation coverage, Blackstone provided the…”
Brown v. Indiana Ins. Co., 184 S.W.3d 528 (Ky. 2005).
“, the employee rejected coverage under the Workers' Compensation Act, KRS 342.395(1); the employee forfeited compensation benefits by failing to give timely notice of the accident, KRS 342.”
— Ky. Rev. Stat. § 342.395(2) — 3 cases
Blackstone Mining Co. v. Travelers Ins. Co., 351 S.W.3d 193 (Ky. 2011).
“At various times during the periods of coverage, twenty-three of Blackstone's employees executed Department of Workers' Claims forms [1] rejecting workers' compensation coverage as permitted under KRS 342.395. In lieu of workers' compensation coverage, Blackstone provided the…”
Dick v. Int'l Harvester Co., 310 S.W.2d 514 (Ky. Ct. App. 1958).
“82, now *516 KRS 342.395, 1953 edition. See Wells v. Jefferson County, Ky.”
— Ky. Rev. Stat. § 342.395(3) — 2 cases
Travelers Indem. Co. v. Reker, 100 S.W.3d 756 (Ky. 2003).
“In addition, KRS 342.395(3) provides that until and unless an employee files a written notice of rejection of the Act, i.”
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