342.215 Workers' Compensation Board -- Authority -- Appointment --
496 words·~2 min read·
/ky/342-215A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Qualifications -- Term -- Vacancies -- Retirement system coverage.
(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, any member appointed to
fill an unexpired term shall immediately assume the office subject to the
confirmation by the Senate in accordance with KRS 11.160 for the remainder of the
term. Any member not currently pending reappointment by the Senate with a term
expiring on or before:
(a)December 1, 2025, shall continue serving a term that shall expire on June 1,
2026;
(b)December 1, 2026, shall continue serving a term that shall expire on June 1,
2027; or
(c)December 1, 2027, shall continue serving a term that shall expire on June 1,
2028.
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.