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Westfield Companies4/8/2005
for the payment of compensation or any other benefit provided by this chapter, all rights to sue the employer for damages on account of such injury or death shall be waived as to all persons.
Kentucky Associated does not cite us to any provision of the contract which includes this as an exclusion and, in its brief, admits " he election of remedies does not apply to the civil suit brought in Ohio because Ohio allows such suits." As the exclusive remedy provisions of KRS Chapter 342 are not incorporated into the employers' liability policy issued by Kentucky Associated to Quality Signs, we conclude that this argument is without merit.
For the foregoing reasons the judgment of the Boone Circuit Court is affirmed.
ALL CONCUR.
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