Chaney v. Dags Branch Coal Co.

OPINION OF THE COURT

KRS 342.165(1) provides a 30% increase in compensation if an accident results in any degree from an employer’s intentional failure to comply with any specific safety statute or regulation. An Administrative Law Judge (ALJ) determined that Eric Chaney’s fatal accident resulted to some degree from a lack of warning devices but that the claimants failed to show the requisite intent. The Workers’ Compensation Board affirmed in a 2-to-l decision as did the Court of Appeals.

We reverse. An employer is presumed to know what specific state and federal statutes and regulations…