342.790 Award against noncomplying employer as a liquidated claim for damages -

257 words·~1 min read·/ky/342-790

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

- Action by Attorney General for uninsured employers' fund. 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.