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ERNEST SIMPSON CONST. CO. v. CONN

625 S.W.2d 850 (1981)

ERNEST SIMPSON CONSTRUCTION COMPANY, Movant, v. Elizabeth CONN, Widow of Roy Cecil Conn., deceased; and Worker's Compensation Board of Kentucky, Respondents.

Supreme Court of Kentucky.

December 15, 1981.

Attorney(s) appearing for the Case

Ralph T. McDermott, and David O. Welch, Ashland, for movant.

W. Jeffrey Scott, Creech, Conn, Dill & Scott, Ashland, Gerald V. Roberts, Director, Worker's Compensation Bd., Dept. of Labor, Frankfort, for respondents.

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...

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