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342.770 Determination of employer's compliance -- Recording
constituting a lien in favor of uninsured employer's fund.
(1)
(2)
certificate
Upon the filing of a claim the commissioner shall ascertain whether the employer,
or any other person against whom a claim is filed and who is not exempt by KRS
342.630 or 342.650, has secured payment of compensation by either securing
insurance coverage or qualifying as a self-insurer pursuant to KRS 342.340. Upon
determination that any employer under this chapter has failed to comply with the
provisions of KRS 342.340, the commissioner shall record, as provided by
subsection (2) of this section, a certificate prepared and furnished him or her by the
general counsel showing the date on which such claim was filed, the date of the
injury alleged, the name and last known address of the employer against whom it
was filed, and the fact that the employer has not secured the payment of
compensation as required. Upon recordation, such certificate constitutes a valid lien
against the assets of the employer in favor of the uninsured employers' fund for the
whole amount which may be due as compensation. Such lien shall be superior to the
lien of any mortgage or other encumbrance thereafter created and shall continue for
ten (10) years from the time of such recording, unless sooner released or otherwise
discharged. A copy of such certificate shall be served upon the employer by the
commissioner.
The certificate constituting a lien in favor of the uninsured employers' fund shall be
filed in the following offices:
(a) The office of the county clerk of the county in which the defendant employer
resides.
(b) The office of the county clerk of the county in which the defendant employer
has its principal place of business.
(c) The office of the county clerk in the counties where such employer's property
is located.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1849, effective July 15, 2010. -Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 57, effective January 4, 1988. -Amended 1978 Ky. Acts ch. 384, sec. 486, effective June 17, 1978. -- Created 1976
Ky. Acts ch. 160, sec. 1.
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