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UNINSURED EMPS' FUND v. CITY SALYERSVILLE

No. 2007-SC-000183-WC.

260 S.W.3d 773 (2008)

UNINSURED EMPLOYERS' FUND, Appellant, v. CITY OF SALYERSVILLE; Marty Smith; E & D Mountain View Construction; Honorable John W. Thacker, Administrative Law Judge; and Workers' Compensation Board, Appellees.

Supreme Court of Kentucky.

Rehearing Denied September 18, 2008.

Attorney(s) appearing for the Case

Patrick M. Roth, Assistant Attorney General, Frankfort, KY, Counsel for Appellant, Uninsured Employers' Fund.

J. Logan Griffith, Wells, Porter, Schmitt & Jones, Paintsville, KY, Counsel for Appellee, City of Salyersville.

Thomas G. Polites, Wilson, Polites & McQueen, Lexington, KY, Counsel for Appellee, Marty Smith.

J. Thomas Hardin, Hardin Law Office, Inez, KY, Counsel for Appellee, E & D Mountain View Construction.

OPINION OF THE COURT

KRS 342.610(1) requires every employer that is subject to Chapter 342 to be liable for workers' compensation benefits without regard to fault. KRS 342.610(2)(b) includes among liable employers a "person" who contracts with another to have work performed that is a regular or recurrent part of the person's trade, business, occupation, or profession. KRS 342.630 identifies classes of employers that are subject to Chapter 342. Finally, KRS 342.690...

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