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44.070 Board of Claims -- Limitation on damage awards -- Hearing officers -Asbestos related claims.
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A Board of Claims, composed of the members of the Crime Victims
Compensation Board as hereinafter provided, is created and vested with full
power and authority to investigate, hear proof, and to compensate persons for
damages sustained to either person or property as a proximate result of
negligence on the part of the Commonwealth, any of its cabinets, departments,
bureaus, or agencies, or any of its officers, agents, or employees while acting
within the scope of their employment by the Commonwealth or any of its
cabinets, departments, bureaus, or agencies; provided, however, regardless of
any provision of law to the contrary, the Commonwealth, its cabinets,
departments, bureaus, and agencies, and its officers, agents, and employees,
while acting within the scope of their employment by the Commonwealth or any
of its cabinets, departments, bureaus, or agencies, shall not be liable for
collateral or dependent claims which are dependent on loss to another and not
the claimant, damages for mental distress or pain or suffering, and
compensation shall not be allowed, awarded, or paid for said claims for
damages. Furthermore, any damage claim awarded shall be reduced by the
amount of payments received or right to receive payment from workers'
compensation insurance, social security programs, unemployment insurance
programs, medical, disability or life insurance programs, or other federal or
state or private program designed to supplement income or pay claimant's
expenses or damages incurred. Any claim against the Commonwealth, its
departments, agencies, officers, agents, or employees, or a school district
board of education, its members, officers, agents, or employees for damages
sustained as the result of exposure to asbestos before, during or after its
removal from a facility owned, leased, occupied, or operated by the
Commonwealth or a school district board of education shall be brought before
the Board of Claims. Except as herein provided, the board shall be
independent of all agencies, cabinets, and departments of the Commonwealth
except as provided in KRS 44.070 to 44.160.
The board shall be composed of the members of the Crime Victims
Compensation Board. The members shall not be entitled to additional
compensation for their services on the Board of Claims.
The Governor shall designate a member of the board to serve as chairman for
a term of four (4) years. Any vacancy in the chairmanship shall be filled by the
Governor. No member shall, at the same time, serve as chairman of the Crime
Victims Compensation Board and as chairman of the Board of Claims.
The employees of the Crime Victims Compensation Board, without additional
compensation, shall be ex officio employees of the Board of Claims.
Regardless of any provision of law to the contrary, the jurisdiction of the board
is exclusive, and a single claim for the recovery of money or a single award of
money shall not exceed two hundred thousand dollars ($200,000), exclusive of
interest and costs. However, if a single act of negligence results in multiple
claims, the total award may not exceed three hundred fifty thousand dollars
($350,000), to be equitably divided among the claimants, but in no case may
any claimant individually receive more than two hundred thousand dollars
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($200,000).
The Governor shall appoint the necessary number of hearing officers, each of
whom shall be an attorney admitted to practice law in Kentucky and shall have
practiced law for at least three (3) years. These officers, upon the direction of
the chairman or the board, shall conduct hearings, and otherwise supervise the
presentation of evidence and perform any other duties assigned to them by the
chairman or the board, except that such hearing officers shall not render final
decisions, orders, or awards. However, such hearing officers may, in receiving
evidence on behalf of the board, make such rulings affecting the competency,
relevancy, and materiality of the evidence about to be presented and upon
motions presented during the taking of evidence as will expedite the
preparation of the case.
The board may at any time recommend the removal of any hearing officer
upon filing with the Governor a full written statement of its reasons for such
removal.
Upon recommendation to the board by the attorney for the Commonwealth, its
cabinet, department, bureau, agency, or employee thereof, that a settlement
has been reached between the parties to the claim, and upon approval by the
board that the settlement is reasonable for all parties concerned, the agreed
judgment or dismissal may be entered accordingly, even without a party's
admission to liability.
Effective:July 14, 2000
History: Amended 2000 Ky. Acts ch. 304, sec. 4, effective July 14, 2000. -Amended 1986 Ky. Acts ch. 279, sec. 1, effective July 15, 1986; and ch. 499,
sec. 3, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 15, sec. 1,
effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 326, sec. 2. -- Amended
1972 Ky. Acts ch. 234, sec. 1. -- Amended 1960 Ky. Acts ch. 25, sec. 1. -Amended 1958 Ky. Acts ch. 52, sec. 1. -- Amended 1956 (1st Extra. Sess.) Ky.
Acts ch. 7, Art. XIII, sec. 1. -- Amended 1950 Ky. Acts ch. 50, sec. 1. -- Created
1946 Ky. Acts ch. 189, secs. 1 and 3, par. 1.
Formerly codified as KRS 176.290.
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