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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.

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.

As we previously reported in December, former Gov. Steve Beshear had appointed Tyra Redus to replace ALJ William Rudloff. Why then is former state Rep. Tanya Pullin, D-South Shore, taking Rudloff’s place?

Newly elected Gov. Matt Bevin issued an executive order soon after taking office in December rescinding Beshear’s appointment, Jack Brammer reported in the Lexington Herald-Leader (LHL). Bevin’s order said Redus had withdrawn from the appointment. The LHL reported that Redus did not respond to a request for comment; only Pullin could be reached by the LHL for comment.

“There will be some traveling in the job for hearings but not as much as in the legislature,” Pullin — who lives in South Shore, in northeastern Kentucky — told the LHL. “Given my family status, that is appealing to me.”

Pullin’s workers’ compensation background is unknown. It does not appear she has ever practiced before the Department of Workers’ Claims. Pullin’s Votesmart.org biography indicates she last practiced law in 1997 with Baker & McKenzie out of the firm’s Hong Kong office. No standard legal directories make mention of her current legal practice.

Pullin’s appointment as an ALJ and her departure from the House follows a series of similar appointments that Bevin, a Republican, has made of House Democrats, leading pundits to theorize that Republicans are poised to take over that state legislative chamber for the first time since 1921.

The Kentucky DWC has issued the following proposed BRC/Hearing Calendar for 2014.  The Chief ALJ notes this calendar is subject to change if unforeseen events necessitate.

FROM THE DWC:

“Online Order Capability for Kentucky Medical Fee Schedule!

“The Department of Workers’ Claims is pleased to announce a new online feature for submitting/paying for the Medical Fee Schedule for Physicians! This allows you to request and purchase a Kentucky Medical Fee Schedule in an online environment. Once your order is received and payment processed, your item(s) will be shipped to you within 1-3 business days. You may still utilize the traditional form and mail in your order if you so choose. We look forward to serving you! Please click the following link to place your order:

https://secure.kentucky.gov/formservices/WorkersComp/Physicians “

The Kentucky Workers’ Compensation Nominating Commission has recommended Carla H. Montgomery, Carole Meller Pearlman and Rebekkah B. Rechter to fill the unexpired term of Board Member Lawrence Smith, who recently died.  Montgomery is former General Counsel with the Department of Workers’ Claims, Pearlman is a Louisville, Ky attorney and Rechter is a Louisville, Ky attorney and Kentucky Supreme Court staff attorney. The Kentucky Workers’ Compensation Board consists of three members and is the first level of review in the Kentucky workers’ compensation appeal process.  Current Board Members are Franklin Stivers and Michael Alvey.

Click here to view the 2013 Ky. workers’ comp benefits schedule.

Note the following for 2013:

  • Minimum TTD rate is $150.54
  • Maximum TTD rate if $752.69
  • Maximum PPD rate is $564.52 [maximum TTD rate applies to KRS 342.730(1)(c)1 & (1)(d)]

UPDATE:  Governor Steve Beshear has rejected the Workers’ Compensation Nominating Commission’s recommendation to re-appoint ALJs Richard Joiner and  Caroline Pitt Clark.

The Ky. Workers’ Compensation Nominating Commission has recommended ALJ Caroline Pitt Clark and Otto Daniel Wolff for reappointment as administrative law judges.  ALJ Joseph W. Justice has advised he will not be seeking another term.

The new mileage reimbursement rate beginning January 1 through March 31, 2012 is 45¢ per mile.

The Controller’s website has been updated to reflect this change.  Refer to the Controller’s web page for all related travel information at http://http://finance.ky.gov/internal/travel/

If you would like to be added to the Controller’s Travel Information Distribution list, please contact me at patricia.boler@ky.gov

FROM THE KENTUCKY DEPARTMENT OF WORKERS’ CLAIMS:

The  Workers’ Compensation Nominating Commission is now accepting applications for one (1) position for Workers’ Compensation Board Member. This is a four-year, full-time position with the term expiring on January 4, 2016.   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 ON OR BEFORE NOON (EDT), MONDAY, SEPTEMBER 26, 2011.  Interested parties are required to send one original resume and seven copies, 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.

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. 

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