AN ACT relating to workers' compensation.

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AN ACT relating to workers' compensation. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 342.610 is amended to read as follows: 3
(1) Every employer subject to this chapter shall be liable for compensation for injury, 4
occupational disease, or death without regard to fault as a cause of the injury, 5
occupational disease, or death. 6
(2) A contractor who subcontracts all or any part of a contract and his or her carrier 7
shall be liable for the payment of compensation to the employees of the 8
subcontractor unless the subcontractor primarily liable for the payment of such 9
compensation has secured the payment of compensation as provided for in this 10
chapter. Any contractor or his or her carrier who shall become liable for such 11
compensation may recover the amount of such compensation paid and necessary 12
expenses from the subcontractor primarily liable therefor. A person who contracts 13
with another: 14
(a) To have work performed consisting of the removal, excavation, or drilling of 15
soil, rock, or mineral, or the cutting or removal of timber from land; or 16
(b) To have work performed of a kind which is a regular or recurrent part of the 17
work of the trade, business, occupation, or profession of such person; 18
shall for the purposes of this section be deemed a contractor, and such other person 19
a subcontractor. This subsection shall not apply to the owner or lessee of land 20
principally used for agriculture. 21
(3) Liability for compensation shall not apply to injury, occupational disease, or death 22
to the employee if the employee willfully intended to injure or kill himsel f, herself, 23
or another. 24
(4) If an employee voluntarily introduced an illegal, nonprescribed substance or 25
substances or a prescribed substance or substances in amounts in excess of 26
prescribed amounts into his or her body detected in the blood, as measured b y a 27
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scientifically reliable test, that could cause a disturbance of mental or physical 1
capacities, [it shall be presumed that ] the illegal, nonprescribed substance or 2
substances or the prescribed substance or substances in amounts in excess of 3
prescribed a mounts shall be the proximate cause of [caused] the injury, 4
occupational disease, or death of the employee and liability for compensation shall 5
not apply to the injury, occupational disease, or death to the employee. 6
(5) If injury or death results to an emp loyee through the deliberate intention of his or 7
her employer to produce such injury or death, the employee or the employee's 8
dependent as herein defined shall receive the amount provided in this chapter in a 9
lump sum to be used, if desired, to prosecute t he employer. The dependents may 10
bring suit against the employer for any amount they desire. If injury or death results 11
to an employee through the deliberate intention of his or her employer to produce 12
such injury or death, the employee or the employee's de pendents may take under 13
this chapter, or in lieu thereof, have a cause of action at law against the employer as 14
if this chapter had not been passed, for such damage so sustained by the employee, 15
his or her dependents or personal representatives as is recoverable at law. If a suit is 16
brought under this subsection, all right to compensation under this chapter shall 17
thereby be waived as to all persons. If a claim is made for the payment of 18
compensation or any other benefit provided by this chapter, all rights to sue the 19
employer for damages on account of such injury or death shall be waived as to all 20
persons. 21
(6) Prior to issuing any building permit pursuant to KRS 198B.060(10), every local 22
building official shall require proof of workers' compensation coverage from the 23
builder before a permit is issued. A person who is exempt under the exception 24
contained in KRS 342.650(2), and any contractor otherwise exempt from this 25
chapter, shall so certify to the local building official, in writing and on a form 26
prescribed by the commissioner, in lieu of providing proof of workers' 27
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compensation coverage. 1
(7) Every employer subject to this chapter, at its principal office and such other 2
locations where employees customarily report for payroll and personnel matters, 3
shall post a notice stating the name of its workers' compensation insurance carrier 4
and policy number, setting forth the means to access medical care for injuries, the 5
employee's obligation to give notice of accidents, and such other matters 6
concerning the employee 's rights under this chapter as may be required by the 7
commissioner so as to afford every employee the opportunity to become informed 8
about the employer's workers' compensation program. The format and contents of 9
the notice shall be established by the comm issioner through administrative 10
regulation, and copies shall be provided to the employer by its insurance carrier. 11