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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.

 

 

 

 

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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.

 

fired_stampBy Executive Order filed on May 9, 2016, Kentucky Governor Matt Bevin dissolved and reconstituted the Workers’ Compensation Nominating Commission.  The previous WCNC consisted of Chairman William Grover Arnett, Sherri Keller, Charles J. Baird, Robert W. Carlisle, Brockton L. Edwards, Charles E. McCoy and McKinnley Morgan.

The newly reconstituted board consists of Mark Flores of Lexington, Megan E. Mersch of Park Hills, Joshua W. Davis of Louisville, Jordan Tong of Owensboro, Victoria E. Boggs of Louisville, Louis D. Kelly  of Florence and Runan S. Pendergrast of Lexington.  Eastern Kentucky is no longer represented on the new WCNC.

 

From the DWC:

The Workers’ Compensation Nominating Commission is now accepting applications to make nominations for the position of Administrative Law Judge of the Kentucky Department of Workers’ Claims.  Pursuant to KRS 342.230(3), the term for the Administrative Law Judge positions expires effective December 31, 2019, or later.  These are full-time positions, subject to appointment by the Governor of Kentucky and confirmation by the Kentucky State Senate.  Appointees shall not hold any other public office or maintain any private practice.

Pursuant to KRS 342.230(3), 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.  The salary to be paid to an Administrative Law Judge is the same as a Kentucky Circuit Court Judge.

Interested applicants are required to send a packet which consists of his or her résumé and a cover letter containing an e-mail address to the following:

Attn: Derrick Hill
Nominating Commission Clerk
Department of Workers’ Claims
657 Chamberlin Avenue
Frankfort, Kentucky  40601
 

Applications must be received at the Frankfort office of the Department of Workers’ Claims on or before 12:00 noon on Friday, May 13, 2016.  Any and all applications received after that time will not be considered.  Questions may be directed to Mr. Hill at derrick.hill@ky.gov.

Those serving on the Workers’ Compensation Nominating Commission are:

William Grover Arnett, Chairman

Salyersville, KY

 

Charles J. Baird

Pikeville, KY

 

Sherri P. Brown-Keller

Nicholasville, KY

 

Robert W. Carlisle

Villa Hills, KY

 

Brockton L. Edwards

Louisville, KY

 

Charles E. McCoy

Owenton, KY

 

McKinnley Morgan

London, KY

 

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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The Kentucky Senate adjourned last week without considering the reappointment of ALJs Greg Allen, Scott Borders and Udell Levy.  As such, these ALJs will not be reappointed and three ALJ vacancies will now need to be filled. The Senate did confirm the reappointment of Rebekka B. Rechter  as Board Member for a new four year term.

The Senate has also confirmed the reappointments of the following ALJs for four year terms: Christopher Davis, Douglas W. Gott, Tanya Pullin , Grant S. Roark and Jonathan Weatherby.

ALJs Thomas Polites, Otto Daniel Wolff, IV, Jane Rice Williams and Steven G. Bolton are also up for reappointment and have been recommended for such by the Workers’ Compensation Nominating Commission.

The Workers’ Compensation Nominating Commission is comprised of William Grover Arnett, Chairperson; Charles J. Baird; Sherri P. Brown-Keller; Robert W. Carlisle; Brockton L. Edwards; Charles E. McCoy and McKinnley Morgan.

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.

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.

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.

 UPDATE:  Governor appoints Jones, Weatherby and Rudloff to fill vacant ALJ positions. 

The Kentucky Workers’ Compensation Nominating Commission (WCNC) has made nine recommendations to fill three vacant Administrative Law Judge positions with the Department of Workers’ Claims, all for terms to end December 31, 2015.

To fill the ALJ position presently held by James L. Kerr, whose term expires December 31, 2011, the WCNC recommended Allison Emerson Jones, Tyra I. Redus and Peter J. Naake.  Jones is a Louisville attorney formerly with Stites & Harbison.  Redus is presently employed by the Kentucky Transportation Cabinet’s Office of Civil Rights .  Naake is a Louisville attorney with the plaintiff’s workers’ compensation firm of Priddy, Cutler, Miller & Meade, PLLC.

The WCNC recommended Jonathan R. Weatherby,  Samuel J. Bach and John W. Mann to fill the ALJ position presently held by Lawrence F. Smith, recently appointed to the Kentucky Workers’ Compensation Board.  Weatherby is assistant general counsel with Thomas & King of Lexington, Kentucky.  Bach is a Henderson attorney with the firm of Bach Hamilton & Armstrong LLP.   Mann is a former DWC arbitrator and current Chief Specialist with the DWC’s Division of Ombudsman & Workers’ Compensation Specialists Services.

To fill the ALJ position presently held by Howard E. Frasier, Jr., whose term expires December 31, 2011, the WCNC recommended William J. Rudloff, Gregory N. Schabell and Laura R. Beasley. Rudloff is a plaintiff’s attorney in Bowling Green Kentucky.   Schabell is a Northern Kentucky plaintiff’s attorney.  Beasley is an attorney with U’sellis & Kitchen, a workers’ compensation defense firm in Louisville, Kentucky.

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