342.770 Determination of employer's compliance -- Recording certificate

301 words·~1 min read·/ky/342-770

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constituting a lien in favor of uninsured employer's fund.

(1)Upon the filing of a claim the commissioner shall ascertain whether the employer,

or any other person against whom a claim is filed and who is not exempt by KRS

342.630 or 342.650, has secured payment of compensation by either securing

insurance coverage or qualifying as a self-insurer pursuant to KRS 342.340. Upon

determination that any employer under this chapter has failed to comply with the

provisions of KRS 342.340, the commissioner shall record, as provided by

subsection

(2)of this section, a certificate prepared and furnished him or her by the

general counsel showing the date on which such claim was filed, the date of the

injury alleged, the name and last known address of the employer against whom it

was filed, and the fact that the employer has not secured the payment of

compensation as required. Upon recordation, such certificate constitutes a valid lien

against the assets of the employer in favor of the uninsured employers' fund for the

whole amount which may be due as compensation. Such lien shall be superior to the

lien of any mortgage or other encumbrance thereafter created and shall continue for

ten

(10)years from the time of such recording, unless sooner released or otherwise

discharged. A copy of such certificate shall be served upon the employer by the

commissioner.

(2)The certificate constituting a lien in favor of the uninsured employers' fund shall be

filed in the following offices:

(a)The office of the county clerk of the county in which the defendant employer

resides.

(b)The office of the county clerk of the county in which the defendant employer

has its principal place of business.

(c)The office of the county clerk in the counties where such employer's property

is located.