FROM THE DWC -The Workers’ Compensation Nominating Commission is now accepting applications to make nomination for one Administrative Law Judge and one Workers’ Compensation Board member for the Kentucky Department of Workers’ Claims.  The Administrative Law Judge position term will expire December 31, 2019.  The Workers’ Compensation Board member position term will expire January 4, 2020.  These are full-time positions and appointees 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.

Applicants for the Workers’ Compensation Board Member position must be a licensed attorney for a minimum of eight (8) years and must have the qualifications required of an Appeals Court Judge, except for residence in a district, and shall receive the same salary and shall be subject to the same standards of conduct.

APPLICATIONS MUST BE RECEIVED AT THE FRANKFORT OFFICE OF THE DEPARTMENT OF WORKERS’ CLAIMS ON OR BEFORE NOON, THURSDAY, NOVEMBER 19, 2015. APPLICATIONS RECEIVED AFTER THAT TIME WILL NOT BE CONSIDERED.  Applications must clearly state the desire to be considered for the Administrative Law Judge position or 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, Department of Workers’ Claims, 657 Chamberlin Avenue, Frankfort, Kentucky  40601.  Questions may be directed to Mrs. Majcher at (502) 782-4439 or

Applicants and employees in this classification may be required to submit to a drug screening test and background check.  The Commonwealth of Kentucky does not discriminate on the basis of race, color, religion, national origin, sex, age, disability, sexual orientation, gender identity, ancestry or veteran status in the admission or access to, or participation or employment in, its programs or services.


Governor Beshear has reappointed R. Scott Borders, Grant Roark, Chris Davis, Doug Gott, Jonathan Weatherby, Greg Allen and Udell Levy as administrative law judges. However, he rejected the Nominating Commission’s recommendation for retention of William Rudloff.

The Kentucky DWC’s proposed online litigation management system (LMS) is in the works and is expected to be functioning at least as a beta version some time in the near future.  It has encountered some hurdles from members of the workers’ compensation bar resistant to this much needed change in the administration of workers’ compensation claims.  Hopefully those dissident voices will be eventually ignored so that this necessary technology can be launched. To learn more about the LMS, visit this link.

Frankfort – The Workers’ Compensation Nominating Commission has recommended the retention of eight ALJs, whose appointments will soon expire.  Those judges are:  J. Gregory Allen, R. Scott Borders, Marc C. Davis, Douglas W. Gott, Udell B. Levy, Grant S. Roark, William J. Rudloff and Jonathan R. Weatherby. It will be up to the Governor now to extend some or all of those appointments.

mileage oct dec 2015

july15 mileage

New info for the Paducah Hearing Site is:

DWC — Paducah
Hipp Building, Suite H
2855 Jackson Street
Paducah, KY 42003
Tel:      (270) 575-7589
Fax:    (270) 575-7592

The KY state mileage reimbursement rate for April 1 through June 30, 2015 is $.41.

Lowe’s Home Centers, Inc. v. Middleton, No. 2014-CA-001136-WC (Ky.App. 2015):  The Fawbush rule is not applicable to circumstances where a claimant returns, post-injury, to exactly the same pre-injury employment and admittedly maintains the capacity to perform it on the date of her award; it is only applicable where a claimant proves he or she no longer has the capacity to work the same type of pre-injury employment, and has either returned to some accommodated form of prior employment or to a different form of employment.

Middleton was injured during the course and scope of her employment with Lowe’s.  The parties agreed that due to her anterior cervical discectomy and fusion, she incurred an impairment rating of 27%, but the parties differed over application of the multipliers under KRS 342.730(1)(c)1 and (1)(c)2.  Middleton returned to work at her same pre-injury job, earning a higher wage than she did pre-injury.  Nonetheless, the ALJ awarded benefits based on the triple multiplier of KRS 342.730(1)(c)1 presumably based on plaintiff’s assumption she might someday require accommodations and might someday require a prescription for pain relief.  The Court determined the record was void of any restrictions on her activities other than a recommendation that she avoid certain activities.  Every physician had released her to resume her pre-injury employment, and Middleton returned to that same pre-injury work.  Because of this, KRS 342.730(1)(c)1 did not apply and, thus, a Fawbush analysis was not appropriate since the Fawbush rule requires that both KRS 342.730(1)(c)1 and (c)2 must apply.  As such, the Court concluded the evidence merely supported reopening, “per KRS 342.730(1)(c)4, for an application of the KRS 342.730(1)(c)2 two-times multiplier to any benefit period during which Middleton’s employment ceases in the future for a reason relating to her injury.”

Governor Beshear has reappointed Sherri Keller of Nicholasville, Kentucky to the Workers’ Compensation Nominating Commission (WCNC).  He has also appointed McKinnley Morgan of London to replace Roger Riggs (also of Morgan’s firm) on the WCNC. Both terms will expire December 4, 2018.


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