Kentucky Statutes 342.790 – Award against noncomplying employer as a liquidated claim for damages — Action by Attorney General for uninsured employers’ fund
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When an award is made against an employer who:
(1) Has not secured payment of compensation by either securing insurance coverage or qualifying as a self-insurer; and
(2) Has not made a deposit of security, indemnity, or bond acceptable to the commissioner to secure the payment of compensation liability; and
(3) Has failed to make payment of compensation according to the terms of that award, the award shall constitute a liquidated claim for damages against that employer in an amount commuted to a lump sum which will equal the present value of the total sum of the probable future payments discounted at four percent (4%) true discount compounded annually on each payment, which amount is to be ascertained and fixed by the commissioner, and the commissioner shall certify the same to the Attorney General who shall forthwith institute a civil action against that employer in the name of the uninsured employers’ fund for the collection of that award. In that action, it shall be sufficient for plaintiff to set forth a copy of the award of the administrative law judge relative to the claim as certified by the commissioner and to state that there is due to plaintiff on account of the opinion, order, or award of the administrative law judge a specified sum which plaintiff claims with interest. A certified copy of the award in the claim shall be attached to the complaint and shall constitute prima facie evidence of the truth of the facts therein contained.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1850, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 514, sec. 35, effective July 14, 2000. — Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 69, effective December 12, 1996. — Amended
1994 Ky. Acts ch. 181, Part 15, sec. 98, effective April 4, 1994. — Amended 1987 (1st. Extra. Sess.) Ky. Acts ch. 1, sec. 59, effective January 4, 1988. — Created 1976
Ky. Acts ch. `160, sec. 3.
(1) Has not secured payment of compensation by either securing insurance coverage or qualifying as a self-insurer; and
Terms Used In Kentucky Statutes 342.790
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Commissioner: means the commissioner of the Department of Workers' Claims under the direction and supervision of the secretary of the Education and Labor Cabinet. See Kentucky Statutes 342.0011
- 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
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Self-insurer: is a n employer who has been authorized under the provisions of this chapter to carry his own liability on his employees covered by this chapter. See Kentucky Statutes 342.0011
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(2) Has not made a deposit of security, indemnity, or bond acceptable to the commissioner to secure the payment of compensation liability; and
(3) Has failed to make payment of compensation according to the terms of that award, the award shall constitute a liquidated claim for damages against that employer in an amount commuted to a lump sum which will equal the present value of the total sum of the probable future payments discounted at four percent (4%) true discount compounded annually on each payment, which amount is to be ascertained and fixed by the commissioner, and the commissioner shall certify the same to the Attorney General who shall forthwith institute a civil action against that employer in the name of the uninsured employers’ fund for the collection of that award. In that action, it shall be sufficient for plaintiff to set forth a copy of the award of the administrative law judge relative to the claim as certified by the commissioner and to state that there is due to plaintiff on account of the opinion, order, or award of the administrative law judge a specified sum which plaintiff claims with interest. A certified copy of the award in the claim shall be attached to the complaint and shall constitute prima facie evidence of the truth of the facts therein contained.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1850, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 514, sec. 35, effective July 14, 2000. — Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 69, effective December 12, 1996. — Amended
1994 Ky. Acts ch. 181, Part 15, sec. 98, effective April 4, 1994. — Amended 1987 (1st. Extra. Sess.) Ky. Acts ch. 1, sec. 59, effective January 4, 1988. — Created 1976
Ky. Acts ch. `160, sec. 3.