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 amo unts caused the injury, occupational disease, or death of the 4
employee and liability for compensation shall not apply to the injury, occupational 5
disease, or death to the employee. However, if a scientifically reliable test reveals 6
that the employee had a level of five (5) nanograms or more of delta -9-7
tetrahydrocannabinol per milliliter, and no other unprescribed substance or 8
prescribed substance in amounts in excess of prescribed amounts is found 9
through scientifically reliable testing, there shall not be a presumption that the 10
introduction of the delta-9-tetrahydrocannabinol into the employee's body caused 11
the injury, occupational disease, or death of the employee, and the employer shall 12
have the burden of proving the injury, occupational disease, or death was 13
proximately caused by the introduction of delta -9-tetrahydrocannabinol into the 14
employee's body. If a scientifically reliable test reveals that the employee had a 15
level of less than five (5) nanograms of delta -9-tetrahydrocannabinol per 16
milliliter, an d no other unprescribed substance or prescribed substance in 17
amounts in excess of prescribed amounts is found through scientifically reliable 18
testing, there shall be an irrebuttable presumption that the introduction of the 19
delta-9-tetrahydrocannabinol into the employee's body did not cause the injury, 20
occupational disease, or death of the employee. 21
(5) If injury or death results to an employee through the deliberate intention of his or 22
her employer to produce such injury or death, the employee or the employ ee's 23
dependent as herein defined shall receive the amount provided in this chapter in a 24
lump sum to be used, if desired, to prosecute the employer. The dependents may 25
bring suit against the employer for any amount they desire. If injury or death results 26
to an employee through the deliberate intention of his or her employer to produce 27
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such injury or death, the employee or the employee's dependents may take under 1
this chapter, or in lieu thereof, have a cause of action at law against the employer as 2
if this chapter had not been passed, for such damage so sustained by the employee, 3
his or her dependents or personal representatives as is recoverable at law. If a suit is 4
brought under this subsection, all right to compensation under this chapter shall 5
thereby be waived as to all persons. If a claim is made for the payment of 6
compensation or any other benefit provided by this chapter, all rights to sue the 7
employer for damages on account of such injury or death shall be waived as to all 8
persons. 9
(6) Prior to issuin g any building permit pursuant to KRS 198B.060(10), every local 10
building official shall require proof of workers' compensation coverage from the 11
builder before a permit is issued. A person who is exempt under the exception 12
contained in KRS 342.650(2), and any contractor otherwise exempt from this 13
chapter, shall so certify to the local building official, in writing and on a form 14
prescribed by the commissioner, in lieu of providing proof of workers' 15
compensation coverage. 16
(7) Every employer subject to this ch apter, at its principal office and such other 17
locations where employees customarily report for payroll and personnel matters, 18
shall post a notice stating the name of its workers' compensation insurance carrier 19
and policy number, setting forth the means to access medical care for injuries, the 20
employee's obligation to give notice of accidents, and such other matters 21
concerning the employee's rights under this chapter as may be required by the 22
commissioner so as to afford every employee the opportunity to bec ome informed 23
about the employer's workers' compensation program. The format and contents of 24
the notice shall be established by the commissioner through administrative 25
regulation, and copies shall be provided to the employer by its insurance carrier. 26