In any claim for compensation, where the employee has been killed, or is physically or mentally unable to testify as confirmed by competent medical evidence and where there is unrebutted prima facie evidence that indicates that the injury was work related, it shall be presumed, in the absence of substantial evidence to the contrary, that the injury was work related, that sufficient notice of the injury has been given, and that the injury or death was not proximately caused by the employee's intoxication or by his willful intention to injure or kill himself or another.
KRS 342.680
Presumptions in the case of death or of physical or mental inability to testify
Applied in 10 court decisions — leading case Haney v. Butler (1999)
Most recently applied in Eddie's Service Center v. Donna Thomas Administratrix of the Estate of Eddie Ray Thomas, Jr. (December 2016)
Effective: December 12, 1996 History: Amended 1996 (1st Extra
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.