Kentucky Statutes 342.215 – Workers’ Compensation Board — Authority — Appointment — Qualifications — Term — Vacancies — Retirement system coverage
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(1) The Workers’ Compensation Board is hereby created and established. The board shall rule on appeals of decisions rendered by administrative law judges under this chapter. The board shall rule on an appeal of a decision of an administrative law judge no later than sixty (60) days following the date on which the last appeal brief was filed.
(2) The Workers’ Compensation Board shall consist of three (3) members appointed by the Governor. Each member shall hold no other public office and shall devote his or her full time to the duties of his or her office. Each member shall be exempt from the classified service, and his or her support staff may be exempt from the classified service.
(3) Of the members of the board appointed under this section, one (1) shall serve a term that shall expire on January 4, 2002; one (1) shall serve a term that shall expire on January 4, 2003; and one (1) shall serve a term that shall expire on January 4, 2004, as designated by the Governor at the time of appointment. Thereafter, each term of a board member shall run for four (4) years from the date of expiration of the term for which the member’s predecessor was appointed, except that a person appointed to fill a vacancy prior to the expiration of a term shall be appointed for the remainder of the term. The Governor shall not appoint a member of the board to fill the unexpired term of another board member, nor shall the Governor reappoint a member of the board who has been removed from his or her position prior to the expiration of his or her term. The members of the board shall have the qualifications required of appeals court judges, except for residence in a district, and shall receive the same salary and shall be subject to the same standards of conduct. The Governor shall designate a member of the board to serve as chairman. Any vacancy in the chairmanship shall be filled by the Governor. The Governor may at any time remove any member for cause after furnishing the member with a written copy of the charges against him or her and giving the member a public hearing if he or she requests it.
(4) A decision concurred in by any two (2) of the three (3) members shall constitute a decision of the board.
(5) Members of the Workers’ Compensation Board and the administrative law judges shall be members of the Kentucky Employees Retirement System.
(6) The Workers’ Compensation Board shall be attached to the Department of
Workers’ Claims in the Education and Labor Cabinet.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 158, effective July 1, 2022. — Amended 2017 Ky. Acts ch. 82, sec. 7, effective June 29, 2017. — Amended
2010 Ky. Acts ch. 24, sec. 1798, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 514, sec. 11, effective July 14, 2000. — Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 8, effective December 12, 1996. — Amended 1994
Ky. Acts ch. 181, Part 3, sec. 10, effective April 4, 1994. — Amended 1987 (1st
Extra. Sess.) Ky. Acts ch. 1, sec. 23, effective January 4, 1988. — Amended
1984 Ky. Acts ch. 414, sec. 36, effective July 13, 1984. — Amended 1972 Ky. Acts ch. 78, sec. 29. — Amended 1964 Ky. Acts ch. 192, sec. 15. — Amended
1956 Ky. Acts ch. 3, sec. 1; and ch. 77 sec. 15. — Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4618-112, 4920.
(2) The Workers’ Compensation Board shall consist of three (3) members appointed by the Governor. Each member shall hold no other public office and shall devote his or her full time to the duties of his or her office. Each member shall be exempt from the classified service, and his or her support staff may be exempt from the classified service.
Terms Used In Kentucky Statutes 342.215
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: means the Workers' Compensation Board. See Kentucky Statutes 342.0011
- Compensation: means all payments made under the provisions of this chapter representing the sum of income benefits and medical and related benefits. See Kentucky Statutes 342.0011
- Department: means the Department of Workers' Claims in the Education and
Labor Cabinet. See Kentucky Statutes 342.0011 - Person: means any individual, partnership, limited partnership, limited liability company, firm, association, trust, joint venture, corporation, or legal representative thereof. See Kentucky Statutes 342.0011
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(3) Of the members of the board appointed under this section, one (1) shall serve a term that shall expire on January 4, 2002; one (1) shall serve a term that shall expire on January 4, 2003; and one (1) shall serve a term that shall expire on January 4, 2004, as designated by the Governor at the time of appointment. Thereafter, each term of a board member shall run for four (4) years from the date of expiration of the term for which the member’s predecessor was appointed, except that a person appointed to fill a vacancy prior to the expiration of a term shall be appointed for the remainder of the term. The Governor shall not appoint a member of the board to fill the unexpired term of another board member, nor shall the Governor reappoint a member of the board who has been removed from his or her position prior to the expiration of his or her term. The members of the board shall have the qualifications required of appeals court judges, except for residence in a district, and shall receive the same salary and shall be subject to the same standards of conduct. The Governor shall designate a member of the board to serve as chairman. Any vacancy in the chairmanship shall be filled by the Governor. The Governor may at any time remove any member for cause after furnishing the member with a written copy of the charges against him or her and giving the member a public hearing if he or she requests it.
(4) A decision concurred in by any two (2) of the three (3) members shall constitute a decision of the board.
(5) Members of the Workers’ Compensation Board and the administrative law judges shall be members of the Kentucky Employees Retirement System.
(6) The Workers’ Compensation Board shall be attached to the Department of
Workers’ Claims in the Education and Labor Cabinet.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 158, effective July 1, 2022. — Amended 2017 Ky. Acts ch. 82, sec. 7, effective June 29, 2017. — Amended
2010 Ky. Acts ch. 24, sec. 1798, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 514, sec. 11, effective July 14, 2000. — Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 8, effective December 12, 1996. — Amended 1994
Ky. Acts ch. 181, Part 3, sec. 10, effective April 4, 1994. — Amended 1987 (1st
Extra. Sess.) Ky. Acts ch. 1, sec. 23, effective January 4, 1988. — Amended
1984 Ky. Acts ch. 414, sec. 36, effective July 13, 1984. — Amended 1972 Ky. Acts ch. 78, sec. 29. — Amended 1964 Ky. Acts ch. 192, sec. 15. — Amended
1956 Ky. Acts ch. 3, sec. 1; and ch. 77 sec. 15. — Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4618-112, 4920.