Kentucky Revised Statutes

Ky. Rev. Stat. § 342.780 (2026)

Joinder of uninsured employers' fund

✓ current as of May 2026
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A claimant may, in the original application for benefits, or any party may, by motion accompanied by proper allegations while the case is still pending, and the administrative law judge shall, upon his own motion at any time before the rendition of the final award, cause the uninsured employers' fund to be made a party to the proceedings if it should appear that the named defendant has failed to secure the payment of compensation as required by KRS 342.340. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 514, sec. 34, effective July 14, 2000. -- Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 68, effective December 12, 1996. -- Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 58, effective January 4, 1988. -- Created 1976 Ky. Acts ch. 160, sec. 2.

Notes of Decisions
Cited in 8 cases, 1991–2006 · leading case: Kentucky River Enter., Inc. v. Elkins, 107 S.W.3d 206 (Ky. 2003).
Kentucky River Enter., Inc. v. Elkins, 107 S.W.3d 206 (Ky. 2003). “Templin imposed and upon the claimant’s testimony, the ALJ determined that the claimant lacked the physical capacity to return to the type of work that he was performing at the time of the injury and concluded that the weekly benefit must be multiplied by 8 under KRS…”
Lowe's No. 0507 v. Greathouse, 182 S.W.3d 524 (Ky. 2006). “Convinced that KRS 342.780(l)(c)l refers to work performed in the employment in which the injury occurred, an Administrative Law Judge (ALJ) refused to enhance the claimant’s income benefit.”
Robinson v. Newberg, 849 S.W.2d 532 (Ky. 1993). “Appellants argue the claimant has no duty to prove that disabili *534 ty is permanent and that the AU’s holding is inconsistent with KRS 342.780(3) which provides in part: When an employe, who has sustained disability compensable under this section, and who has filed, or could…”
Commonwealth, Transp. Cabinet v. Guffey, 42 S.W.3d 618 (Ky. 2001). “It also asserts that KRS 342.780 does not authorize compensation for the arousal of the nonwork-related obesity into disability.”
Beale v. Robinson, 822 S.W.2d 856 (Ky. 1991). “730(l)(b), an award for a permanent, partial disability, which follows a period of temporary, total disability, is paid for a full 425 weeks following the period of temporary, total disability.”
Jett v. Peabody Coal Co., 828 S.W.2d 646 (Ky. 1992). “The Teledyne-Wirz decision recognized that there are two separate statutory steps employed to reach an award: (1) The determination of disability payments under KRS 342.780: whether the AU finds claimant to be totally disabled or partially disabled by considering the whole of…”
Uninsured Employers' Fund v. Fox, 862 S.W.2d 902 (Ky. Ct. App. 1993). “KRS 342.780 provides as follows: A claimant may, in the original application for benefits, or any party may, by motion accompanied by proper allegations while the case is still pending, and the administrative law judge shall, upon his motion at any time before the rendition of…”
Uninsured Employers' Fund v. Turner, 981 S.W.2d 544 (Ky. 1998). “780 because B & E was uninsured at the time of the accident.”
— Ky. Rev. Stat. § 342.780(1)(b) — 1 case
Beale v. Robinson, 822 S.W.2d 856 (Ky. 1991). “730(l)(b), an award for a permanent, partial disability, which follows a period of temporary, total disability, is paid for a full 425 weeks following the period of temporary, total disability.”
— Ky. Rev. Stat. § 342.780(3) — 1 case
Robinson v. Newberg, 849 S.W.2d 532 (Ky. 1993). “Appellants argue the claimant has no duty to prove that disabili *534 ty is permanent and that the AU’s holding is inconsistent with KRS 342.780(3) which provides in part: When an employe, who has sustained disability compensable under this section, and who has filed, or could…”
— Ky. Rev. Stat. § 342.780(l)(c) — 2 cases
Kentucky River Enter., Inc. v. Elkins, 107 S.W.3d 206 (Ky. 2003). “Templin imposed and upon the claimant’s testimony, the ALJ determined that the claimant lacked the physical capacity to return to the type of work that he was performing at the time of the injury and concluded that the weekly benefit must be multiplied by 8 under KRS…”
Lowe's No. 0507 v. Greathouse, 182 S.W.3d 524 (Ky. 2006). “Convinced that KRS 342.780(l)(c)l refers to work performed in the employment in which the injury occurred, an Administrative Law Judge (ALJ) refused to enhance the claimant’s income benefit.”
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