49.130 Conditions of awards -- Reduction of award.

116 words·~1 min read·/ky/chapter-49/49-130

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

(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.