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HARDIN v. ACTION GRAPHICS, INC.

Nos. 1999-CA-001646-MR, 1999-CA-002669-MR.

57 S.W.3d 844 (2001)

Sonja HARDIN, Legal Guardian of Stephen Shane Hardin, a minor, Appellant, v. ACTION GRAPHICS, INC., Appellee, and Thomas Shaun Gray, an infant, by and through his statutory guardian, natural mother, and next friend, Penny Jones, Appellant, v. Robert Jackie Yates and Phillip's Brothers of Hardin County, Inc., Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied November 14, 2001.

Attorney(s) appearing for the Case

Kevin C. Burke, Jason Todd Hardin, Louisville, for Appellant Sonja Hardin.

Gary R. Hillerich, Louisville, KY, Dwight Preston, Elizabethtown, for Appellant Thomas Shaun Gray.

C. Thomas Hectus, Louisville, for Appellee Action Graphics, Inc..

Reford H. Coleman, Matthew C. Hess, Elizabethtown, for Appellees Robert Jackie Yates and Phillips Brothers of Hardin County, Inc.

Before GUDGEL, Chief Judge; BARBER and COMBS, Judges.

OPINION

COMBS, Judge:

In these consolidated appeals we are asked to decide whether a child's claim for loss of parental consortium falls within the purview of Kentucky's Workers' Compensation Act and, as a result, is barred by its exclusive remedy provisions. We conclude that such claims — like claims for loss of spousal consortium — are barred by the provisions of KRS 342.690. Thus, we affirm the dismissal of both civil actions.

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