342.165 Increase or decrease in compensation for failure to comply with safety law

270 words·~1 min read·/ky/342-165

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

-- Compensation not payable if employee falsely represents physical condition

or medical history at time of employment.

(1)If an accident is caused in any degree by the intentional failure of the employer to

comply with any specific statute or lawful administrative regulation made

thereunder, communicated to the employer and relative to installation or

maintenance of safety appliances or methods, the compensation for which the

employer would otherwise have been liable under this chapter shall be increased

thirty percent (30%) in the amount of each payment. If an accident is caused in any

degree by the intentional failure of the employee to use any safety appliance

furnished by the employer or to obey any lawful and reasonable order or

administrative regulation of the commissioner or the employer for the safety of

employees or the public, the compensation for which the employer would otherwise

have been liable under this chapter shall be decreased fifteen percent (15%) in the

amount of each payment.

(2)No compensation shall be payable for work-related injuries if the employee at the

time of entering the employment of the employer by whom compensation would

otherwise be payable falsely represents, in writing, his or her physical condition or

medical history, if all of the following factors are present:

(a)The employee has knowingly and willfully made a false representation as to

his or her physical condition or medical history;

(b)The employer has relied upon the false representation, and this reliance was a

substantial factor in the hiring; and

(c)There is a causal connection between the false representation and the injury

for which compensation has been claimed.