07RS HB398

HB398

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Includes opposite chamber sponsors where requested by primary sponsors of substantially similar bills in both chambers and jointly approved by the Committee on Committees of both chambers. Opposite chamber sponsors are represented in italics.


HB 398 (BR 1688) - J. Gray

     AN ACT relating to workers' causes of action.
     Amend KRS 342.610 to permit a civil action in tort by an employee, or the employee's estate, when injury or death occurs because of an employer's gross negligence, recklessness, or violation of safety standards; provide that exclusive remedy does not bar such civil action.

HB 398 - AMENDMENTS


     HFA (1, B. Farmer) - Amend to delete the no-fault provision and make employer liable if gross negligence is proven.

     HFA (2, B. Farmer) - Amend to restore deliberate intention of employer who has engaged in gross negligence, recklessness, or who has violated a safety standard, as justification for a civil action by the employee.

     HFA (3, J. DeCesare) - Amend to permit civil actions against employer, employee, agent, or other individual who knew or should have known of gross negligence, recklessness, or safety violation; preclude civil action from inclusion of joint and several liability in any tort action.

     HFA (4, D. Keene) - Amend to provide that there shall be no liability for compensation if voluntary intoxication, including prescribed pharmaceuticals, caused, in part, an employee's injury or death.

     Feb 9-introduced in House
     Feb 12-to Labor & Industry (H)
     Feb 15-posted in committee
     Feb 22-reported favorably, 1st reading, to Calendar
     Feb 23-2nd reading, to Rules
     Feb 26-floor amendments (1) (2) and (3) filed
     Feb 27-floor amendment (4) filed
     Feb 28-recommitted to Labor & Industry (H); posting waived


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