44-555c.Workers compensation board; jurisdiction;composition andappointment; term of office; qualifications, salary and expenses; nominatingcommittee; panels; final orders, content and issuance.(a) There is hereby established the workers compensationboard. The board shall have exclusive jurisdiction to review all decisions,findings, orders and awards of compensation of administrative law judges underthe workers compensation act.The review by the board shall be upon questions of law and fact as presentedand shown by a transcript of the evidence and the proceedings as presented, hadand introduced before the administrative law judge.The board shall be within thedivision of workers compensation of the department oflabor and allbudgeting, personnel, purchasing and related management functions of the boardshall be administered under the supervision and direction of the secretary oflabor. The board shall consist of five memberswho shall beappointed by the secretary in accordance with this section and who shall eachserve for a term of four years, except as provided for the first membersappointed to the board under subsection (f).
(b) Each board member shall be an attorney regularly admitted to practicelaw in Kansas for a period of at least seven years and shall have engaged inthe active practice of law during such period as a lawyer, judge of a court ofrecord or any court in Kansas or a full-time teacher of law in an accreditedlaw school, or any combination of such types of practice.
(c) Each board member shall receive an annual salary in an amount equal tothe salary prescribed by law for a district judge, exceptthat the member who is the chairperson of the workers compensation board shallreceive an annual salary in an amount equal to the salary prescribed for adistrict judgedesignated as chief judgeof a district court of Kansas. The board members shall devote full time to theduties of such office and shall not engage in the private practice of lawduring their term of office. No board member may receive additionalcompensation for official services performed by the board member. Each boardmember shall be reimbursed for expenses incurred in the performance of suchofficial duties under the same circumstances and to the same extent as judgesof the district court are reimbursed for such expenses.
(d) Applications for membership on the board shall be submitted to thedirector of workers compensation. The director shall determine if an applicantmeets the qualifications for membership on the board prescribed in subsection(b). Qualified applicants for the board will be submitted by the director tothe workers compensation board nominating committee for consideration.
(e) There is hereby established the workers compensation board nominatingcommittee which shall be composed of two members appointed as follows: TheKansas AFL-CIO and the Kansas chamber of commerce and industry shall eachselect onerepresentative to serve on the workers compensation board nominating committeeand shall give written notice of the selection to the secretary who shallappoint such representatives to the committee. In the event of a vacancyoccurring for any reason on the nominating committee, the respective membershall be replaced by the appointing organization with written notice of theappointment to the secretary of labor within 30days of such vacancy.
(f) (1) Upon being notified of any vacancy on the board or of the need toappoint a member pro tem under subsection (i), the nominating committee shallconsider all qualified applicants submitted by the director for the vacantposition on the board or themember pro tem position and nominate a person qualified therefor. Thenominating committee shall be required to reach unanimous agreement on anynomination to the board. With respect to each person nominated, the secretaryeither shall accept and appoint the person nominated by the nominatingcommittee to the position on theboard for which the nomination was made or shallreject the nomination and request the nominating committee tonominate another person for that position. Upon receipt of any such requestfor the nomination of another person, the nominating committee shall nominateanother person for that position in the same manner.
(2) The first members of the board established by this section are herebyappointed as follows: Each person who was a member of the workers compensationboard which was in existence on January 12, 1995, is hereby appointed,effective January 13, 1995, as a member of the board established by thissection. The term of office of each person so appointed as a member of theboard established by this section is for the period equal to the remainder ofthe term of office such person had as of January 12, 1995, as a member of theworkers compensation board which was in existence on January 12, 1995.
(3) Each member of the board shall hold office for the term of theappointment and until the successor shall have been appointed. Successors tosuch members shall be appointed for terms of four years.
(4) If a vacancy should occur on the board during the term of a member, thenominating committee shall nominate an individual from the qualified applicantssubmitted by the director to complete the remainder ofthe unexpired portion of the term. With respect to each person so nominated,the secretary either shall accept and appoint the person nominated to theboard or shall reject the nomination and request the nominating committee tonominate another person for the position. Upon receipt of any such request forthe nomination of another person, the nominating committee shall nominateanother person for the position in the same manner.
(g) Following the completion of a term, board members who wish to beconsidered for reappointment to the board shall be deemed to have met thequalification requirements for selection to the board and shall be consideredfor renomination by the workers compensation board nominating committee.
(h) The members of the board shall annually elect one member to serve aschairperson.
(i) If illness or other temporary disability of a member of the board willnot permit the member to serve during a case or in any case in which a memberof the board must be excused from serving because of a conflict or is otherwisedisqualified with regard to such case, the director shall notify the workerscompensation nominating committee of the need to appoint a member pro tem. Uponreceipt of such notice, the committee shall act as soon as possible andnominate a qualified person to serve as member pro tem in such case inaccordance with subsection (f). Each member pro tem shall receive compensationat the same rate as a member of the board receives, prorated for thehours ofactual service as a member pro tem and shall receive expenses under the samecircumstances and to the same extent as a member of the board receives. Eachmember pro tem shall have all the powers, duties and functions of a member ofthe board with regard to the case.
(j) The board shall maintain principal offices in Topeka,Kansas, and the board may conduct hearings at a courthouse of any county inKansas or at another location specified by the board. The secretary oflabor shall provide a courtroom and othersuitable quarters in Topeka, Kansas, for the use of the board and its staff.When the board conducts hearings at any location other than in Topeka, Kansas,the director shall make suitable arrangements for such hearings. Subject to theprovisions of appropriation acts, the director shall provide such supplies andequipment and shall appoint such support personnel as may be necessary for theboard to fulfill the duties imposed by this act, subject to approval by thesecretary.
(k) For purposes of hearing cases, the board may sit together or in panelsof two members or more, designated by the chairperson of the board,except that an appeal from a preliminary award entered under K.S.A.44-534a, and amendments thereto, may be heard by a panel of onememberdesignated by thechairperson.Allmembers of the board shall determine each matterbefore the board. All decisions, reviews and determinations by the board shallbe approved in writing by at least three board members. Whenever the boardentersa final order in any proceeding, the board shall make written findings of factand conclusions of law forming the basis of the board's determination and finalorder. The findings of fact and conclusions of law oftheboard shall be made a part of the final order. The board shall mail a copy ofthe final order of the board to all parties to the proceeding within three daysfollowing the issuance of the final order.
44-555c.Workers compensation board; jurisdiction;composition andappointment; term of office; qualifications, salary and expenses; nominatingcommittee; panels; final orders, content and issuance.(a) There is hereby established the workers compensationboard. The board shall have exclusive jurisdiction to review all decisions,findings, orders and awards of compensation of administrative law judges underthe workers compensation act.The review by the board shall be upon questions of law and fact as presentedand shown by a transcript of the evidence and the proceedings as presented, hadand introduced before the administrative law judge.The board shall be within thedivision of workers compensation of the department oflabor and allbudgeting, personnel, purchasing and related management functions of the boardshall be administered under the supervision and direction of the secretary oflabor. The board shall consist of five memberswho shall beappointed by the secretary in accordance with this section and who shall eachserve for a term of four years, except as provided for the first membersappointed to the board under subsection (f).
(b) Each board member shall be an attorney regularly admitted to practicelaw in Kansas for a period of at least seven years and shall have engaged inthe active practice of law during such period as a lawyer, judge of a court ofrecord or any court in Kansas or a full-time teacher of law in an accreditedlaw school, or any combination of such types of practice.
(c) Each board member shall receive an annual salary in an amount equal tothe salary prescribed by law for a district judge, exceptthat the member who is the chairperson of the workers compensation board shallreceive an annual salary in an amount equal to the salary prescribed for adistrict judgedesignated as chief judgeof a district court of Kansas. The board members shall devote full time to theduties of such office and shall not engage in the private practice of lawduring their term of office. No board member may receive additionalcompensation for official services performed by the board member. Each boardmember shall be reimbursed for expenses incurred in the performance of suchofficial duties under the same circumstances and to the same extent as judgesof the district court are reimbursed for such expenses.
(d) Applications for membership on the board shall be submitted to thedirector of workers compensation. The director shall determine if an applicantmeets the qualifications for membership on the board prescribed in subsection(b). Qualified applicants for the board will be submitted by the director tothe workers compensation board nominating committee for consideration.
(e) There is hereby established the workers compensation board nominatingcommittee which shall be composed of two members appointed as follows: TheKansas AFL-CIO and the Kansas chamber of commerce and industry shall eachselect onerepresentative to serve on the workers compensation board nominating committeeand shall give written notice of the selection to the secretary who shallappoint such representatives to the committee. In the event of a vacancyoccurring for any reason on the nominating committee, the respective membershall be replaced by the appointing organization with written notice of theappointment to the secretary of labor within 30days of such vacancy.
(f) (1) Upon being notified of any vacancy on the board or of the need toappoint a member pro tem under subsection (i), the nominating committee shallconsider all qualified applicants submitted by the director for the vacantposition on the board or themember pro tem position and nominate a person qualified therefor. Thenominating committee shall be required to reach unanimous agreement on anynomination to the board. With respect to each person nominated, the secretaryeither shall accept and appoint the person nominated by the nominatingcommittee to the position on theboard for which the nomination was made or shallreject the nomination and request the nominating committee tonominate another person for that position. Upon receipt of any such requestfor the nomination of another person, the nominating committee shall nominateanother person for that position in the same manner.
(2) The first members of the board established by this section are herebyappointed as follows: Each person who was a member of the workers compensationboard which was in existence on January 12, 1995, is hereby appointed,effective January 13, 1995, as a member of the board established by thissection. The term of office of each person so appointed as a member of theboard established by this section is for the period equal to the remainder ofthe term of office such person had as of January 12, 1995, as a member of theworkers compensation board which was in existence on January 12, 1995.
(3) Each member of the board shall hold office for the term of theappointment and until the successor shall have been appointed. Successors tosuch members shall be appointed for terms of four years.
(4) If a vacancy should occur on the board during the term of a member, thenominating committee shall nominate an individual from the qualified applicantssubmitted by the director to complete the remainder ofthe unexpired portion of the term. With respect to each person so nominated,the secretary either shall accept and appoint the person nominated to theboard or shall reject the nomination and request the nominating committee tonominate another person for the position. Upon receipt of any such request forthe nomination of another person, the nominating committee shall nominateanother person for the position in the same manner.
(g) Following the completion of a term, board members who wish to beconsidered for reappointment to the board shall be deemed to have met thequalification requirements for selection to the board and shall be consideredfor renomination by the workers compensation board nominating committee.
(h) The members of the board shall annually elect one member to serve aschairperson.
(i) If illness or other temporary disability of a member of the board willnot permit the member to serve during a case or in any case in which a memberof the board must be excused from serving because of a conflict or is otherwisedisqualified with regard to such case, the director shall notify the workerscompensation nominating committee of the need to appoint a member pro tem. Uponreceipt of such notice, the committee shall act as soon as possible andnominate a qualified person to serve as member pro tem in such case inaccordance with subsection (f). Each member pro tem shall receive compensationat the same rate as a member of the board receives, prorated for thehours ofactual service as a member pro tem and shall receive expenses under the samecircumstances and to the same extent as a member of the board receives. Eachmember pro tem shall have all the powers, duties and functions of a member ofthe board with regard to the case.
(j) The board shall maintain principal offices in Topeka,Kansas, and the board may conduct hearings at a courthouse of any county inKansas or at another location specified by the board. The secretary oflabor shall provide a courtroom and othersuitable quarters in Topeka, Kansas, for the use of the board and its staff.When the board conducts hearings at any location other than in Topeka, Kansas,the director shall make suitable arrangements for such hearings. Subject to theprovisions of appropriation acts, the director shall provide such supplies andequipment and shall appoint such support personnel as may be necessary for theboard to fulfill the duties imposed by this act, subject to approval by thesecretary.
(k) For purposes of hearing cases, the board may sit together or in panelsof two members or more, designated by the chairperson of the board,except that an appeal from a preliminary award entered under K.S.A.44-534a, and amendments thereto, may be heard by a panel of onememberdesignated by thechairperson.Allmembers of the board shall determine each matterbefore the board. All decisions, reviews and determinations by the board shallbe approved in writing by at least three board members. Whenever the boardentersa final order in any proceeding, the board shall make written findings of factand conclusions of law forming the basis of the board's determination and finalorder. The findings of fact and conclusions of law oftheboard shall be made a part of the final order. The board shall mail a copy ofthe final order of the board to all parties to the proceeding within three daysfollowing the issuance of the final order.
44-555c.Workers compensation board; jurisdiction;composition andappointment; term of office; qualifications, salary and expenses; nominatingcommittee; panels; final orders, content and issuance.(a) There is hereby established the workers compensationboard. The board shall have exclusive jurisdiction to review all decisions,findings, orders and awards of compensation of administrative law judges underthe workers compensation act.The review by the board shall be upon questions of law and fact as presentedand shown by a transcript of the evidence and the proceedings as presented, hadand introduced before the administrative law judge.The board shall be within thedivision of workers compensation of the department oflabor and allbudgeting, personnel, purchasing and related management functions of the boardshall be administered under the supervision and direction of the secretary oflabor. The board shall consist of five memberswho shall beappointed by the secretary in accordance with this section and who shall eachserve for a term of four years, except as provided for the first membersappointed to the board under subsection (f).
(b) Each board member shall be an attorney regularly admitted to practicelaw in Kansas for a period of at least seven years and shall have engaged inthe active practice of law during such period as a lawyer, judge of a court ofrecord or any court in Kansas or a full-time teacher of law in an accreditedlaw school, or any combination of such types of practice.
(c) Each board member shall receive an annual salary in an amount equal tothe salary prescribed by law for a district judge, exceptthat the member who is the chairperson of the workers compensation board shallreceive an annual salary in an amount equal to the salary prescribed for adistrict judgedesignated as chief judgeof a district court of Kansas. The board members shall devote full time to theduties of such office and shall not engage in the private practice of lawduring their term of office. No board member may receive additionalcompensation for official services performed by the board member. Each boardmember shall be reimbursed for expenses incurred in the performance of suchofficial duties under the same circumstances and to the same extent as judgesof the district court are reimbursed for such expenses.
(d) Applications for membership on the board shall be submitted to thedirector of workers compensation. The director shall determine if an applicantmeets the qualifications for membership on the board prescribed in subsection(b). Qualified applicants for the board will be submitted by the director tothe workers compensation board nominating committee for consideration.
(e) There is hereby established the workers compensation board nominatingcommittee which shall be composed of two members appointed as follows: TheKansas AFL-CIO and the Kansas chamber of commerce and industry shall eachselect onerepresentative to serve on the workers compensation board nominating committeeand shall give written notice of the selection to the secretary who shallappoint such representatives to the committee. In the event of a vacancyoccurring for any reason on the nominating committee, the respective membershall be replaced by the appointing organization with written notice of theappointment to the secretary of labor within 30days of such vacancy.
(f) (1) Upon being notified of any vacancy on the board or of the need toappoint a member pro tem under subsection (i), the nominating committee shallconsider all qualified applicants submitted by the director for the vacantposition on the board or themember pro tem position and nominate a person qualified therefor. Thenominating committee shall be required to reach unanimous agreement on anynomination to the board. With respect to each person nominated, the secretaryeither shall accept and appoint the person nominated by the nominatingcommittee to the position on theboard for which the nomination was made or shallreject the nomination and request the nominating committee tonominate another person for that position. Upon receipt of any such requestfor the nomination of another person, the nominating committee shall nominateanother person for that position in the same manner.
(2) The first members of the board established by this section are herebyappointed as follows: Each person who was a member of the workers compensationboard which was in existence on January 12, 1995, is hereby appointed,effective January 13, 1995, as a member of the board established by thissection. The term of office of each person so appointed as a member of theboard established by this section is for the period equal to the remainder ofthe term of office such person had as of January 12, 1995, as a member of theworkers compensation board which was in existence on January 12, 1995.
(3) Each member of the board shall hold office for the term of theappointment and until the successor shall have been appointed. Successors tosuch members shall be appointed for terms of four years.
(4) If a vacancy should occur on the board during the term of a member, thenominating committee shall nominate an individual from the qualified applicantssubmitted by the director to complete the remainder ofthe unexpired portion of the term. With respect to each person so nominated,the secretary either shall accept and appoint the person nominated to theboard or shall reject the nomination and request the nominating committee tonominate another person for the position. Upon receipt of any such request forthe nomination of another person, the nominating committee shall nominateanother person for the position in the same manner.
(g) Following the completion of a term, board members who wish to beconsidered for reappointment to the board shall be deemed to have met thequalification requirements for selection to the board and shall be consideredfor renomination by the workers compensation board nominating committee.
(h) The members of the board shall annually elect one member to serve aschairperson.
(i) If illness or other temporary disability of a member of the board willnot permit the member to serve during a case or in any case in which a memberof the board must be excused from serving because of a conflict or is otherwisedisqualified with regard to such case, the director shall notify the workerscompensation nominating committee of the need to appoint a member pro tem. Uponreceipt of such notice, the committee shall act as soon as possible andnominate a qualified person to serve as member pro tem in such case inaccordance with subsection (f). Each member pro tem shall receive compensationat the same rate as a member of the board receives, prorated for thehours ofactual service as a member pro tem and shall receive expenses under the samecircumstances and to the same extent as a member of the board receives. Eachmember pro tem shall have all the powers, duties and functions of a member ofthe board with regard to the case.
(j) The board shall maintain principal offices in Topeka,Kansas, and the board may conduct hearings at a courthouse of any county inKansas or at another location specified by the board. The secretary oflabor shall provide a courtroom and othersuitable quarters in Topeka, Kansas, for the use of the board and its staff.When the board conducts hearings at any location other than in Topeka, Kansas,the director shall make suitable arrangements for such hearings. Subject to theprovisions of appropriation acts, the director shall provide such supplies andequipment and shall appoint such support personnel as may be necessary for theboard to fulfill the duties imposed by this act, subject to approval by thesecretary.
(k) For purposes of hearing cases, the board may sit together or in panelsof two members or more, designated by the chairperson of the board,except that an appeal from a preliminary award entered under K.S.A.44-534a, and amendments thereto, may be heard by a panel of onememberdesignated by thechairperson.Allmembers of the board shall determine each matterbefore the board. All decisions, reviews and determinations by the board shallbe approved in writing by at least three board members. Whenever the boardentersa final order in any proceeding, the board shall make written findings of factand conclusions of law forming the basis of the board's determination and finalorder. The findings of fact and conclusions of law oftheboard shall be made a part of the final order. The board shall mail a copy ofthe final order of the board to all parties to the proceeding within three daysfollowing the issuance of the final order.
