The Governor has appointed Stephanie Kenny to the position of ALJ, replacing Chief ALJ Landon Ovefield, who will be retiring at the end of the year. The governor has also reappointed Franklin Stivers to the Workers’ Compensation Board.

Click here to view the Discount Rate for 2015.

The Ky. mileage reimbursement rate beginning Oct. 1 – Dec. 31, 2014 is 46¢ per mile.

You may refer to the Controller’s web page for all related travel information at http://finance.ky.gov/services/statewideacct/Pages/travel.aspx

Workers’ Compensation Board Member Position

The Workers’ Compensation Nominating Commission is now accepting applications to fill a position on the Workers’ Compensation Board. This is a full-time position for a term expiring on January 4, 2019.   The appointee shall not hold any other public office.

An applicant for the Workers’ Compensation Board Member position must be an attorney and must have the qualifications required of an Appeals Court Judge (except for residence in a district), shall receive the same salary and shall be subject to the same standards of conduct.

APPLICATIONS MUST BE RECEIVED AT THE DEPARTMENT OF WORKERS’ CLAIMS IN FRANKFORT ON OR BEFORE 4:30 PM (EDT) THURSDAY, OCTOBER 2, 2014.  APPLICATIONS RECEIVED AFTER THAT TIME WILL NOT BE CONSIDERED.  Applications must clearly state the desire to be considered for the Workers’ Compensation Board position. Interested parties are required to send one original resume, along with a cover letter containing an e-mail address, to the attention of Brenda Majcher, Nominating Commission Clerk, Kentucky Department of Workers’ Claims, Prevention Park, 657 Chamberlin Avenue, Frankfort, KY  40601.  Questions may be directed to Ms. Majcher at 502-782-4439 or brenda.majcher@ky.gov.

Administrative Law Judge Position

The Workers’ Compensation Nominating Commission is now accepting applications to fill an unexpired term as Administrative Law Judge for the Kentucky Department of Workers’ Claims.  The term will begin January 1, 2015, and will expire December 31, 2017.  This is a full-time position and appointee shall not hold any other public office or maintain any private practice.

Applicants for the Administrative Law Judge position must be licensed attorneys and must have five (5) years experience in the Commonwealth in the practice of workers’ compensation law or a related field and extensive knowledge of workers’ compensation law [KRS 342.230(3)].  The salary to be paid is that of a Circuit Court Judge.

APPLICATIONS MUST BE RECEIVED AT THE FRANKFORT OFFICE OF THE DEPARTMENT OF WORKERS’ CLAIMS ON OR BEFORE 4:30 PM (EDT) THURSDAY, OCTOBER 2, 2014. APPLICATIONS RECEIVED AFTER THAT TIME WILL NOT BE CONSIDERED.  Applications must clearly state the desire to be considered for the Administrative Law Judge position.  Interested parties are required to send one original resume, along with a cover letter containing an e-mail address, to the attention of Brenda Majcher, Nominating Commission Clerk, Department of Workers’ Claims, 657 Chamberlin Avenue, Frankfort, Kentucky  40601.  Questions may be directed to Mrs. Majcher at (502) 782-4439 or brenda.majcher@ky.gov.

Kentucky’s 2015 workers’ compensation benefits schedule has been released.  Click here. 

2015 benefits schedule pull-out

CLICK ON IMAGE TO ENLARGE

 

2017 07 mileage

Rahla v. Medical Center at Bowling Green, No. 2013-CA-001712-WC (Ky.App. 2014):  Injuries sustained by job candidates during pre-employment activities are not compensable.

In Rahla, a Kentucky Court of Appeals decision to be published, the Court considered the case of Michelle Rahla who was injured during a post-job-offer physical examination.  The physical examination included physical activity consisting of lifting weights ranging from 10 to 61 pounds.  Rahla injured her neck during the examination and thereafter officially began her employment with the Medical Center.  She eventually required surgery for the neck injury, but  the claim was denied on the grounds she was not an employee at the time of the injury. The ALJ dismissed the claim and the Workers’ Compensation Board as well as the Court of Appeals affirmed, holding that Rahla was “not in the service of, under any contract of hire with, or performing any service in the trade, business, profession, or occupation of, the Medical Center.”  The Court distinguished the facts of this case from Hubbard v. Henry, 231 S.W.3d 124 (Ky. 2007) where the claimant was injured actually performing work for the employer on a trial basis prior to the official hiring.

Gardens Glen Farm v. Balderas, No. 2014-CA-000191-WC (Ky.App. 2014):  In a reopening of a claim, a negotiated settlement might not reflect the claimant’s actual disability and any change in occupational disability is the difference between the claimant’s actual occupational disability on the date of settlement and his or her occupational disability at the time of reopening.

In Balderas, a Court of Appeals opinion to be published, the Court addressed the reopening of a negotiated settlement which compromised the return to work factor.  In finding an increase in occupational disability, the ALJ calculated the increase based on the actual occupational disability the claimant had on the date of settlement (in this case more than what was negotiated) and the disability at the time of reopening.  The Court, as did the Workers’ Compensation Board, relied on Whittaker v. Rowland, 998 S.W.2d 479 (Ky. 1999) and Newburg v. Davis, 841 S.W.2d 164 (Ky. 1992) for the proposition that “The figure for occupational disability which is contained in a settlement agreement represents a compromise and might or might not equal the workers’ actual occupational disability at the time…” Whittaker at 482.

UPDATE:  Governor Beshear has appointed Udell Levy to fill the unexpired term of former ALJ Hays.  The term will expire on December 31, 2015.

The DWC Nominating Commission has recommended three attorneys to be considered by Governor Beshear for filling the unexpired term of former ALJ Ed Hays.  They are:  Louisville attorney, Udell Levy; Louisville attorney, Stephanie Kinney and Northern Kentucky attorney, Gregory N. Schabell.  Levy and Schabell have appeared on the Commission’s recommendation list before.  This is Kinney’s first time on the list.

The Commonwealth of Kentucky Finance and Administration Cabinet Office of the Controller has announced the mileage reimbursement rate for April – June 2014 is 46¢ per mile.

 

mileage rate june august 2014

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