Newberg v. Hudson

STEPHENS, Chief Justice.

The contested issues in this workers’ compensation case involve the employer’s notification obligations under KRS 342.038 and KRS 342.040 and the effect of an employer’s failure to comply with these provisions. KRS 342.038 requires an employer to notify the Workers’ Compensation Board (Board) of a work-related injury. KRS 342.040 requires the employer to notify the Board of the employer’s termination of compensation payments or of the failure to make payments when due. KRS 342.040 also places a duty upon the Board to then notify an employee of his or her right to…