Amburgey v. Daniel Construction Co.

AKER, Justice.

This is a workmen’s compensation case in which we are presented with the question of whether or not benefits are payable to dependents where an injured employee has filed a valid claim during his lifetime but subsequently dies from causes other than the injury.

We are asked to decide this question in light of KRS 342.730(4) which reads as follows:

“When an employee, who has sustained disability under KRS 342.730, and who has filed or could have timely filed a valid claim in his lifetime, dies from causes other than the injury before the expiration of the compensable period…