KRS 278.440: Evidence to be heard by court -- Remand.

Any action brought under KRS 278.410 shall be heard and decided by the court upon the

evidence submitted to the commission as shown by the record, and no other evidence

shall be received. If any party satisfies the court that evidence has been discovered s ince

the hearing before the commission that could not have been obtained for use at that

hearing by the exercise of reasonable diligence and will materially affect the merits of the

case, the court may remand the record and proceedings to the commission, with directions

to take the newly -discovered evidence, and after consideration thereof, enter and file a

proper order, which may be reviewed in the same manner as any other final order of the

commission.