Kentucky Supreme Court

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U.S. Chamber files amicus brief

February 16, 2006

The Kentucky Supreme Court agreed to consider the proper standard governing whether an independent contractor’s employee’s work is “regular or recurrent” in nature so as to support resolution of a workplace injury claim by the workers’ compensation system. In this case, the plaintiffs sued under the theory of premises liability alleging that the defendants failed to exercise reasonable care in maintaining properties contaminated with asbestos.

In its brief, NCLC explained the rationale behind the workers’ compensation system and the importance to the business community of not upsetting the balance it struck between the employee’s need for recovery and the employer’s need for predictability.


February 16, 2006

The circuit court granted summary judgment for the defendants and the appeals court affirmed.