2013 Kentucky Revised Statutes CHAPTER 342 - WORKERS' COMPENSATION 342.165 Increase or decrease in compensation for failure to comply with safety law -- Compensation not payable if employee falsely represents physical condition or medical history at time of employment.
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342.165 Increase or decrease in compensation for failure to comply with
safety law -- Compensation not payable if employee falsely represents
physical condition or medical history at time of employment.
(1)
(2)
If an accident is caused in any degree by the intentional failure of the employer
to comply with any specific statute or lawful administrative regulation made
thereunder, communicated to the employer and relative to installation or
maintenance of safety appliances or methods, the compensation for which the
employer would otherwise have been liable under this chapter shall be
increased thirty percent (30%) in the amount of each payment. If an accident is
caused in any degree by the intentional failure of the employee to use any
safety appliance furnished by the employer or to obey any lawful and
reasonable order or administrative regulation of the commissioner or the
employer for the safety of employees or the public, the compensation for which
the employer would otherwise have been liable under this chapter shall be
decreased fifteen percent (15%) in the amount of each payment.
No compensation shall be payable for work-related injuries if the employee at
the time of entering the employment of the employer by whom compensation
would otherwise be payable falsely represents, in writing, his or her physical
condition or medical history, if all of the following factors are present:
(a) The employee has knowingly and willfully made a false representation as
to his or her physical condition or medical history;
(b) The employer has relied upon the false representation, and this reliance
was a substantial factor in the hiring; and
(c) There is a causal connection between the false representation and the
injury for which compensation has been claimed.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1794, effective July 15, 2010. -Amended 2000 Ky. Acts ch. 514, sec. 38, effective July 14, 2000. -- Amended
1994 Ky. Acts ch. 181, Part 13, sec. 62, effective April 4, 1994. -- Amended
1972 Ky. Acts ch. 78, sec. 26. -- Recodified 1942 Ky. Acts ch. 208, sec. 1,
effective October 1, 1942, from Ky. Stat. sec. 4910.
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