Apex Mining v. Blankenship
In Apex Mining v. Blankenship, Ky., 918 S.W.2d 225 (1996), the Supreme Court held that substantial evidence had been presented to support an inference that the employer had intentionally violated KRS 338.031 when he provided the employee with a road grader that contained throttle, decelerator and brake defects.
In Apex Mining, the employer was aware of the defective condition of the grader.
In Apex Mining, the Court stated that "under those circumstances, we agree that substantial evidence supported the ALJ's inference that the employer's violation of KRS 338.031 was intentional," and that "this finding satisfies the requirement of KRS 342.165 that the work-related accident be caused 'in any degree' by the employer's safety violation." (Apex Mining at 228.)