Ernest Simpson Construction Co. v. Conn

STEPHENS, Justice.

The issue we decide is whether the penalty clause of KRS 342.165 can be invoked against a general contractor when the claimant is an employee of a subcontractor which has secured the requisite compensation benefits.

Roy Cecil Conn was an employee of Geneva Construction Company, (hereinafter referred to as Geneva), which was a subcontractor to movant, Ernest Simpson Construction Company (Simpson). Simpson was the general contractor for the construction of the Lawrence County High School.

Although there is some factual dispute, it is clear that Conn was killed while doing *851masonry…