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HB 398 (BR 1688) - J. Gray

     AN ACT relating to workers' causes of action.
     Amend KRS 342.610 to permit a civil action in tort by an employee, or the employee's estate, when injury or death occurs because of an employer's gross negligence, recklessness, or violation of safety standards; provide that exclusive remedy does not bar such civil action.


     HFA (1, B. Farmer) - Amend to delete the no-fault provision and make employer liable if gross negligence is proven.

     HFA (2, B. Farmer) - Amend to restore deliberate intention of employer who has engaged in gross negligence, recklessness, or who has violated a safety standard, as justification for a civil action by the employee.

     HFA (3, J. DeCesare) - Amend to permit civil actions against employer, employee, agent, or other individual who knew or should have known of gross negligence, recklessness, or safety violation; preclude civil action from inclusion of joint and several liability in any tort action.

     HFA (4, D. Keene) - Amend to provide that there shall be no liability for compensation if voluntary intoxication, including prescribed pharmaceuticals, caused, in part, an employee's injury or death.

     Feb 9-introduced in House
     Feb 12-to Labor & Industry (H)
     Feb 15-posted in committee
     Feb 22-reported favorably, 1st reading, to Calendar
     Feb 23-2nd reading, to Rules
     Feb 26-floor amendments (1) (2) and (3) filed
     Feb 27-floor amendment (4) filed
     Feb 28-recommitted to Labor & Industry (H); posting waived

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