testify.
In any claim for compensation, where the employee has been killed, or is physically or
mentally unable to testify as confirmed by competent medical evidence and where there is
unrebutted prima facie evidence that indicates that the injury was work related, it shall be
presumed, in the absence of substantial evidence to the contrary, that the injury was work
related, that sufficient notice of the injury has been given, and that the injury or death was
not proximately caused by the employee's intoxication or by his willful intention to injure
or kill himself or another.
Effective: December 12, 1996
History: Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 79, effective December
12, 1996. -- Created 1972 Ky. Acts ch. 78, sec. 8, effective January 1, 1973.
Legislative Research Commission Note (12/12/96). 1996 (1st Extra. Sess.) Ky. Acts
ch. 1, sec. 79 stated that it was amending this statute, but the proposed changes to the
statute were eliminated by legislative action on this Act although the statute itself was
not deleted from the bill.
Notes of Decisions
AK Steel Corp. v. Adkins, 253 S.W.3d 59 (Ky. 2008).
· cites it 4× “Moreover, the presumption found in KRS 342.680 applies only to workers who cannot testify because they are dead or physically or mentally unable to do so.”
Williams v. White Castle Sys., Inc., 173 S.W.3d 231 (Ky. 2005).
· cites it 5× “The Workers’ Compensation Board (Board) rejected arguments that the finding was erroneous under the positional risk theory and under KRS 342.680, and the Court of Appeals affirmed the Board.”
Haney v. Butler, 990 S.W.2d 611 (Ky. 1999).
· cites it 3× “” KRS 342.680. With regard to the question of extraterritorial coverage, the ALJ cited KRS *614 342.”
Wilson v. Wizor, 544 S.W.2d 231 (Ky. 1976).
· cites it 2× “10% by weight (ethyl alcohol) will not suffice to strip the decedent Billy Joe Wilson of the presumptions granted him and his dependents by the provisions of KRS 342.680. KRS 189.520(4) applies only to criminal prosecutions for operating a motor vehicle while under the influence…”
Lane v. S & S Tire, Inc., No. 15, 182 S.W.3d 501 (Ky. 2006).
“KRS 342.680 addresses the problem of proving work-relatedness in instances where the injured worker dies and, therefore, is unable to testify.”
Evansville Printing Corp. v. Sugg, 817 S.W.2d 455 (Ky. Ct. App. 1991).
“KRS 342.680 provides: Presumption. — In any claim for compensation, where the employe has been killed, or is physically or mentally unable to testify as confirmed by competent medical evidence and where there is un-rebutted prima facie evidence that indicates that the injury was…”
Teague ex rel. Teague v. South Cent. Bell, 585 S.W.2d 425 (Ky. Ct. App. 1979).
· cites it 2× “” I Was the injury work related? KRS 342.680 offers a presumption in favor of the claimant in situations where the employee suffers an injury and subsequently dies.”
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.