{"data":{"id":"us-ky/krs-342.285","jurisdiction":"us-ky","citation":"KRS 342.285","heading":"Appeal to Workers' Compensation Board -- Remanding claim to","body":"administrative law judge.\n(1) An award or order of the administrative law judge as provided in KRS 342.275, if\npetition for reconsideration is not filed as provided for in KRS 342.281, shall be\nconclusive and binding as to all questions of fact, but either party may in\naccordance with administrative regulations promulgated by the commissioner\nappeal to the Workers' Compensation Board for the review of the order or award.\n(2) No new or addition al evidence may be introduced before the board except as to the\nfraud or misconduct of some person engaged in the administration of this chapter\nand affecting the order, ruling, or award, but the board shall otherwise hear the\nappeal upon the record as certified by the administrative law judge and shall dispose\nof the appeal in summary manner. The board shall not substitute its judgment for\nthat of the administrative law judge as to the weight of evidence on questions of\nfact, its review being limited to determining whether or not:\n(a) The administrative law judge acted without or in excess of his powers;\n(b) The order, decision, or award was procured by fraud;\n(c) The order, decision, or award is not in conformity to the provisions of this\nchapter;\n(d) The order, decision, or award is clearly erroneous on the basis of the reliable,\nprobative, and material evidence contained in the whole record; or\n(e) The order, decision, or award is arbitrary or capricious or characterized by\nabuse of discretion or clearly unwarranted exercise of discretion.\n(3) Within sixty (60) days following the date on which the last appellate brief was filed,\nthe board shall enter its decision affirming, modifying, or setting aside the order,\ndecision, or award, or in its discretion remanding the claim to the administrative law\njudge for further proceedings in conformity with the direction of the board. The\nboard may, before decision and upon a sufficient showing of fact, remand the claim\nto the administrative law judge.","path":["KRS Chapter 342"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32465","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:31Z","sha256":"1069d5428384b7815809cdffc8274130afabc7d76423646df30bd72d949bac89","source_id":"us-ky","stale":false,"prev":"us-ky/krs-342.281","next":"us-ky/krs-342.290"},"notice":"GroundRules: Original legal text. Not legal advice."}