(1) An award shall be made only after consideration of the facts surrounding the matter in controversy, and no award shall be made unless the Board of Claims is of the opinion that the damage claimed was caused by such negligence on the part of the Commonwealth or its agents as would entitle claimant to a judgment in an action at law if the state were amenable to such action.
(2) Furthermore, any damage claim awarded shall be reduced by the amount of payments received or the right to receive payment from workers’ compensation insurance, Social Security programs, or other federal, state, or private programs designed to supplement income or pay claimant’s expenses or damages incurred.

Terms Used In Kentucky Statutes 49.130

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

Effective: June 29, 2021
History: Amended 2021 Ky. Acts ch. 185, sec. 24, effective June 29, 2021. — Repealed, reenacted, renumbered, and amended 2017 Ky. Acts ch. 74, sec. 13, effective June 29, 2017. — Amended 1960 Ky. Acts ch 25, sec. 6. — Amended 1950
Ky. Acts ch 50, sec. 5. — Created 1946 Ky. Acts ch 189, sec 2.
Formerly codified as KRS § 44.120.
Formerly codified as KRS § 176.340.

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