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Exposure to Asbestos Father brought Home from Work Escapes Exclusivity Bar on Ky. Tort Claim
Exposure to Asbestos Father brought Home from Work Escapes Exclusivity Bar on Ky. Tort Claim

Case File Evidence that the daughter of a worker developed mesothelioma from exposure to asbestos he brought home on his work clothes, and not from a brief summer job she held, allowed the daughter's estate […]

  • Mar 24, 2026
  • Frank Ferreri
Kentucky’s Exclusive Remedy
Kentucky’s Exclusive Remedy

BASIC RULE Workers’ compensation is an employee’s exclusive remedy for injuries that arise out of employment and occur in the course of employment. KRS 342.690(1). This means that the employee cannot sue the employer in […]

  • Mar 16, 2026
  • Chris Parker
Did ‘Beer Goggles’ Cause Safety Worker to get hit by Speeding Driver?
Did ‘Beer Goggles’ Cause Safety Worker to get hit by Speeding Driver?

What Do You Think? Kentucky employers should think twice before trying to avoid paying a claim merely based on alcohol intoxication. A case involving a road safety worker who had alcohol in his blood when […]

  • Mar 15, 2026
  • Chris Parker
‘Up-the-Ladder’ Immunity Prevents Ky. Worker from Suing for 700-lb Cart Injuries
‘Up-the-Ladder’ Immunity Prevents Ky. Worker from Suing for 700-lb Cart Injuries

Case File Did a manufacturer who contracted for the delivery and transportation of raw materials qualify as a "contractor" entitled to "up-the-ladder" immunity from tort liability? Because hauling limestone was necessary to enable the manufacturer […]

  • Mar 13, 2026
  • Frank Ferreri
NCCI Court Case Update: Kentucky
NCCI Court Case Update: Kentucky

On February 19, 2026, the Supreme Court of Kentucky, in Minova USA, Inc. v. Jolly, considered whether a manufacturer that contracts with a freight carrier for transporting raw materials may be sued by the carrier's employee […]

  • Mar 07, 2026
  • NCCI
Who’s a ‘Contractor’ for ‘Up-the-Ladder’ Exclusive Remedy Immunity in Kentucky?
Who’s a ‘Contractor’ for ‘Up-the-Ladder’ Exclusive Remedy Immunity in Kentucky?

Do You Know the Rule? Under Kentucky law, a party against which a worker makes a claim, but which is not the direct employer of the claimant, may claim "up-the-ladder immunity" by first presenting proof […]

  • Jan 23, 2026
  • Frank Ferreri
Was Deceased Worker’s COVID Compensable in Ky.? Top Court Looks to ‘Nature of Employment’
Was Deceased Worker’s COVID Compensable in Ky.? Top Court Looks to ‘Nature of Employment’

Case File When is COVID compensable in Kentucky? According to the commonwealth's top court, only when the claimant "clearly establishes" that the risk of contracting the disease is increased by the nature of the employment […]

  • Dec 02, 2025
  • Frank Ferreri
Kentucky Top Court Finds no Problem in KEMI’s Delay for Certification
Kentucky Top Court Finds no Problem in KEMI’s Delay for Certification

Case File In Kentucky, after a change in workers' compensation coverage, which insurer is responsible for paying workers' compensation benefits? According to the Kentucky Supreme Court, timing is everything. Simply Research subscribers have access to […]

  • Nov 23, 2025
  • Frank Ferreri
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