KRS 342.285: Appeal to Workers' Compensation Board -- Remanding claim to

administrative law judge.

(1) An award or order of the administrative law judge as provided in KRS 342.275, if

petition for reconsideration is not filed as provided for in KRS 342.281, shall be

conclusive and binding as to all questions of fact, but either party may in

accordance with administrative regulations promulgated by the commissioner

appeal to the Workers' Compensation Board for the review of the order or award.

(2) No new or addition al evidence may be introduced before the board except as to the

fraud or misconduct of some person engaged in the administration of this chapter

and affecting the order, ruling, or award, but the board shall otherwise hear the

appeal upon the record as certified by the administrative law judge and shall dispose

of the appeal in summary manner. The board shall not substitute its judgment for

that of the administrative law judge as to the weight of evidence on questions of

fact, its review being limited to determining whether or not:

(a) The administrative law judge acted without or in excess of his powers;

(b) The order, decision, or award was procured by fraud;

(c) The order, decision, or award is not in conformity to the provisions of this

chapter;

(d) The order, decision, or award is clearly erroneous on the basis of the reliable,

probative, and material evidence contained in the whole record; or

(e) The order, decision, or award is arbitrary or capricious or characterized by

abuse of discretion or clearly unwarranted exercise of discretion.

(3) Within sixty (60) days following the date on which the last appellate brief was filed,

the board shall enter its decision affirming, modifying, or setting aside the order,

decision, or award, or in its discretion remanding the claim to the administrative law

judge for further proceedings in conformity with the direction of the board. The

board may, before decision and upon a sufficient showing of fact, remand the claim

to the administrative law judge.