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An Analysis of the 1960 Amendments to the Kentucky Workmen's Compensation Law

Herbert L. Segal

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Abstract

In a recent issue of the KENTUCKY LAW JouRNAL there appeared an historical analysis of the Kentucky Workmen's Compensation Law and all of its amendments to that date.'That article contained the following statement: "Most of the amendments to the Act have been by agreement between the representatives of the employer groups and labor groups.Without an 'agreed bill' the chances for passage of proposed amendments have been extremely limited." 2 The statement was true at the time.However, the 1960 amendments, effective June 16, 1960, were not the result of an "agreed bill".Essentially this is a continuation of the previous article, and the same general format, i.e., an analysis of each amendment and its effect on the existing statute and case law, will be used. KRS § 342.005-EMPLOYERS AND EMPLOYEES TO WHOM CHAPTER APPLIES; VOLUNTARY ELECTION TO COMM UNDER CHAPTER.The changes in this section, i.e. new subsections (2) and ( 8), provide that the Board shall apportion the aggregate extent and duration of disability among, but not limited to, the following contributive causes: 00 Ky.Rev. Stat.ch.342 (1960) (hereinafter cited as KRS).* Mr. Segal is a former member of the Kentucky Workmen's Compensation Board and a member of the Labor Committee of the American Bar Association.A member of the Louisville, Kentucky, and American Bar Associations, Mr. Segal is a practicing attorney in Louisville, Kentucky, where he specializes in labormanagement relations and labor law.1

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In a recent issue of the KENTUCKY LAW JouRNAL there appeared an historical analysis of the Kentucky Workmen's Compensation Law and all of its amendments to that date.'That article contained the following statement: "Most of the amendments to the Act have been by agreement between the representatives of the employer groups and labor groups.Without an 'agreed bill' the chances for passage of proposed amendments have been extremely limited." 2 The statement was true at the time.However, the 1960 amendments, effective June 16, 1960, were not the result of an "agreed bill".Essentially this is a continuation of the previous article, and the same general format, i.e., an analysis of each amendment and its effect on the existing statute and case law, will be used. KRS § 342.005-EMPLOYERS AND EMPLOYEES TO WHOM CHAPTER APPLIES; VOLUNTARY ELECTION TO COMM UNDER CHAPTER.The changes in this section, i.e. new subsections (2) and ( 8), provide that the Board shall apportion the aggregate extent and duration of disability among, but not limited to, the following contributive causes: 00 Ky.Rev. Stat.ch.342 (1960) (hereinafter cited as KRS).* Mr. Segal is a former member of the Kentucky Workmen's Compensation Board and a member of the Labor Committee of the American Bar Association.A member of the Louisville, Kentucky, and American Bar Associations, Mr. Segal is a practicing attorney in Louisville, Kentucky, where he specializes in labormanagement relations and labor law.1

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In a recent issue of the KENTUCKY LAW JouRNAL there appeared an historical analysis of the Kentucky Workmen's Compensation Law and all of its amendments to that date.'That article contained the following statement: "Most of the amendments to the Act have been by agreement between the representatives of the employer groups and labor groups.Without an 'agreed bill' the chances for passage of proposed amendments have been extremely limited." 2 The statement was true at the time.However, the 1960 amendments, effective June 16, 1960, were not the result of an "agreed bill".Essentially this is a continuation of the previous article, and the same general format, i.e., an analysis of each amendment and its effect on the existing statute and case law, will be used. KRS § 342.005-EMPLOYERS AND EMPLOYEES TO WHOM CHAPTER APPLIES; VOLUNTARY ELECTION TO COMM UNDER CHAPTER.The changes in this section, i.e. new subsections (2) and ( 8), provide that the Board shall apportion the aggregate extent and duration of disability among, but not limited to, the following contributive causes: 00 Ky.Rev. Stat.ch.342 (1960) (hereinafter cited as KRS).* Mr. Segal is a former member of the Kentucky Workmen's Compensation Board and a member of the Labor Committee of the American Bar Association.A member of the Louisville, Kentucky, and American Bar Associations, Mr. Segal is a practicing attorney in Louisville, Kentucky, where he specializes in labormanagement relations and labor law.1

Key concepts: Law, Compensation (psychology), Workers' compensation, Political science, Psychology, Social psychology

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