Kentucky Statutes 342.680 – Presumptions in the case of death or of physical or mental inability to testify
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In any claim for compensation, where the employee has been killed, or is physically or mentally unable to testify as confirmed by competent medical evidence and where there is unrebutted prima facie evidence that indicates that the injury was work related, it shall be presumed, in the absence of substantial evidence to the contrary, that the injury was work related, that sufficient notice of the injury has been given, and that the injury or death was not proximately caused by the employee’s intoxication or by his willful intention to injure or kill himself or another.
Effective: December 12, 1996
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 statute were eliminated by legislative action on this Act although the statute itself was not deleted from the bill.
Effective: December 12, 1996
Terms Used In Kentucky Statutes 342.680
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Compensation: means all payments made under the provisions of this chapter representing the sum of income benefits and medical and related benefits. See Kentucky Statutes 342.0011
- Death: means death resulting from an injury or occupational disease. See Kentucky Statutes 342.0011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injury: when used generally, unless the context indicates otherwise, shall include an occupational disease and damage to a prosthetic appliance, but shall not include a psychological, psychiatric, or stress-related change in the human organism, unless it is a direct result of a physical injury. See Kentucky Statutes 342.0011
- Statute: A law passed by a legislature.
- Testify: Answer questions in court.
- Work: means providing services to another in return for remuneration on a regular and sustained basis in a competitive economy. See Kentucky Statutes 342.0011
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 statute were eliminated by legislative action on this Act although the statute itself was not deleted from the bill.