Workers Comp: REALTY IMPROVEMENT CO., INC. V. RALEY (SC 6/15/2006)

REALTY IMPROVEMENT CO., INC. V. RALEY
WORKERS COMP: 30% increase in benefits for Safety Violation
2005-SC-000499-WC.pdf
PUBLISHED
AFFIRMING
DATE:  6/15/2006

This case and AIG/AUI Ins. V. South Akers Mining address the issue of whether the 30% increase in benefits for a safety violation on the part of the employer causing injury is applicable to fatality cases, and whether the workers’ compensation carrier can be made to pay the penalty even if the insurance contract exludes that coverage. Because KRS 342.375 requires the insurer to cover all liability of the employer, the Court held that the insurer is required to pay this liability.

Peter Naake ed.