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Jeff V. Layson and W. Greg Harvey, both of Bowling Green, have been appointed as ALJs with the Ky. Department of Workers’ Claims.  Layson’s term expires July 14, 2020, while Harvey’s term expires December 31, 2017.

The DWC has announced that per a KBA opinion issued May 1, 2017, preparation and filing of a Form 110-Agreement as to Compensation constitutes the practice of law under SCR 3.020.  Therefore, the DWC will no longer accept Form 110 settlement agreements prepared by individuals not licensed to practice law in the Commonwealth of Kentucky.

Beginning July 1, 2017, all Department of Workers’ Claims (DWC) submissions must be made in electronic format via the DWC’s Litigation Managment System (LMS).  However, due to the ongoing development of the capacity of the LMS to receive and process settlement agreements in electronic format, the DWC will continue, until further notice, to accept Form 110 Settlement Agreements in paper format subsequent to July 1, 2017.

The Workers’ Compensation Nominating Committee has recommended three nominees for the Administrative Law judge position, term expiring December 31, 2017, in the Department of Workers’ Claims.

Nominees are:  Anthony Gray, a defense attorney with Quintairos Prieto Wood Boyer of Lexington, KY; W. Greg Harvey, a Bowling Green, KY defense attorney with Kerrick Bachert; and Gregory Schabell, a Covington, KY plaintiff’s attorney with Berger and Cox.  This is Schabell’s 4th nomination for the position.

Sorry-were-closed-signThe Kentucky DWC announces that effective June 30, 2017, the Louisville DWC hearing site at 410 W. Chestnut Street will permanently close.  Beginning July 1, 2017 all Louisville dockets will be temporarily relocated and conducted at the Frankfort hearing site, 1025 Capital Center Drive, Frankfort, Kentucky.

Kentucky Department of Workers’ Claims (DWC) Chief Administrative Law Judge (ALJ) Robert L. Swisher has been appointed as the Acting Commissioner of the DWC beginning April 1, 2017.  Swisher has been an ALJ since 2010 and has been Chief ALJ since 2014.

The DWC has issued the Ky. Workers’ Compensation Benefit Schedule for 2017.  Click here to view the schedule.

The Lexington Herald-Leader reports that Kentucky Gov. Matt Bevin has done some backpedaling with regard to changes he made to the Kentucky Workers’ Compensation Nominating Commission in May.  Specifically, Bevin has issued a new Executive Order, which rescinds his previous changes by altogether abolishing the Workers’ Compensation Nominating Commission, creating a new panel called the Workers’ Compensation Nominating Committee and making new appointments to that new panel.

In addition to  re-naming the panel the Workers’ Compensation Nominating Committee, Bevin has reduced the number of members from 7 to 5.  He has also appointed a member of the “old” workers’ compensation nominating commission, Charles McCoy, to the new committee.  McCoy is a petitioner in the lawsuit filed against Bevin seeking an injunction against Bevin’s original executive order dissolving the Workers’ Compensation Nominating Commission. That panel was comprised of appointments of the Beshear administration.  Bevin’s earlier executive order reconstituted that panel with his own appointments.

The members of the new Workers’ Compensation Nominating Committee are:  Louis D. Kelly of Florence, Charles E. McCoy of Owenton, Runan S. Pendergrast of Lexington, Megan E. Mersch of Park Hills and Joshua W. Davis of Louisville.

 

 

 

 

The Lexington Herald-Leader reports that Franklin Circuit Judge Phillip Shepherd has “temporarily blocked Gov. Matt Bevin’s executive order abolishing the Kentucky Workers’ Compensation Nominating Commission and then re-creating it with new members.” Shepherd said the temporary injunction will remain in effect until he issues a final judgment. An expedited hearing will take place on June 13, 2016.

Read more here: http://www.kentucky.com/news/politics-government/article82495702.html#storylink=cpy

 

lawsuit2

A variety of petitioners have filed suit against Kentucky Gov. Matt Bevin alleging that he abused his executive power by dissolving the Workers’ Compensation Nominating Commission (WCNC) — even though none of its members’ tenures were up — and reconstituting it with his own appointments.

The WCNC is charged with recommending workers’ compensation administrative law judge (ALJ) appointments to the governor. The dissolved WCNC was composed of appointees of the Beshear administration.

The suit alleges, among other complaints, that by dissolving the WCNC and populating it with his own appointees, Bevin is attempting to tilt the balance of ALJ appointments to more conservative, employer-friendly judges.

The newly constituted WCNC was scheduled to meet May 23, 2016, to recommend new ALJs to fill six vacancies recently created by Bevin’s failure to reappoint ALJs Borders, Allen, Levy, Wolff, Polites and Bolton — all of whom were Beshear appointees.

But given the pending lawsuit, no further action is being taken until Franklin Circuit Court has ruled in the case. A hearing on the petitioners’ motion for a temporary restraining order (TRO) will be June 1, 2016, before Franklin Circuit Judge Phillip J. Shepherd.

Read a copy of the petition here.

 

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