2009 Kentucky Revised Statutes CHAPTER 342 WORKERS' COMPENSATION 342.680 Presumptions in the case of death or of physical or mental inability to testify.
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342.680 Presumptions in the case of death or of physical or mental inability to
testify.
In any claim for compensation, where the employee has been killed, or is physically or <br>mentally unable to testify as confirmed by competent medical evidence and where there is <br>unrebutted prima facie evidence that indicates that the injury was work related, it shall be <br>presumed, in the absence of substantial evidence to the contrary, that the injury was work <br>related, that sufficient notice of the injury has been given, and that the injury or death was <br>not proximately caused by the employee's intoxication or by his willful intention to injure <br>or kill himself or another.
Effective: December 12, 1996 <br>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 <br>statute were eliminated by legislative action on this Act although the statute itself was <br>not deleted from the bill.
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