342.285 Appeal to Workers' Compensation Board -- Remanding claim to
326 words·~1 min read·
/ky/342-285A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
administrative law judge.
(1)An award or order of the administrative law judge as provided in KRS 342.275, if
petition for reconsideration is not filed as provided for in KRS 342.281, shall be
conclusive and binding as to all questions of fact, but either party may in
accordance with administrative regulations promulgated by the commissioner
appeal to the Workers' Compensation Board for the review of the order or award.
(2)No new or additional evidence may be introduced before the board except as to the
fraud or misconduct of some person engaged in the administration of this chapter
and affecting the order, ruling, or award, but the board shall otherwise hear the
appeal upon the record as certified by the administrative law judge and shall dispose
of the appeal in summary manner. The board shall not substitute its judgment for
that of the administrative law judge as to the weight of evidence on questions of
fact, its review being limited to determining whether or not:
(a)The administrative law judge acted without or in excess of his powers;
(b)The order, decision, or award was procured by fraud;
(c)The order, decision, or award is not in conformity to the provisions of this
chapter;
(d)The order, decision, or award is clearly erroneous on the basis of the reliable,
probative, and material evidence contained in the whole record; or
(e)The order, decision, or award is arbitrary or capricious or characterized by
abuse of discretion or clearly unwarranted exercise of discretion.
(3)Within sixty
(60)days following the date on which the last appellate brief was filed,
the board shall enter its decision affirming, modifying, or setting aside the order,
decision, or award, or in its discretion remanding the claim to the administrative law
judge for further proceedings in conformity with the direction of the board. The
board may, before decision and upon a sufficient showing of fact, remand the claim
to the administrative law judge.