Franklin Circuit Court Judge Phillip Shepherd has suspended Gov. Matt Bevin’s executive order re-creating the Kentucky Workers’ Compensation Nominating Commission.
In a 16-page order, Shepherd prohibits Bevin from appointing any workers’ comp judges other than those nominated by the old commission, pending final judgment by the court.
He described the Governor’s action as a “mass firing of Commissioners” rather than a “bona fide” reorganization.
Teamsters Local 89, the Kentucky State AFL-CIO, a member of the old commission and three persons with pending workers comp claims filed the suit challenging Bevin’s actions.
The Workers’ Compensation Nominating Commission recommends appointments of Administrative Law Judges who hear workers’ compensation claims.
The Governor’s Press Secretary Amanda Stamper issued the following statement:
“We are surprised and disappointed that the court has ruled against the Governor’s utilization of clear statutory authority to end pay-to-play politics, bring more partisan balance, and eliminate the systemic stranglehold of a few individuals by reorganizing the Workers’ Compensation Nominating Commission.
“The power that the judge is prohibiting Gov. Bevin from exercising has been used by governors 357 times in the last 25 years, including 103 times during the Beshear administration. Three years ago, this same judge ruled that former Gov. Beshear could use the statute at issue to create kynect out of thin air, and yet today ruled that Gov. Bevin cannot use the same statute to create a new Workers’ Compensation Nominating Commission.
“We are confident that the circuit court erred. The Governor’s counsel is looking at available legal options, including a possible immediate appeal.”
Tom Loftus of the Courier-Journal reported on the Judge’s ruling, noting that Shepherd said he will expedite the case and that he has scheduled a pretrial conference for Monday.
Loftus also reported that Robert Colone, general counsel for Teamsters Local 89, said he was pleased with the order, which he said may ultimately have “far greater implications” and affect other reorganizations by Bevin.
See Loftus’ complete story here.
See the NKyTribune’s earlier story about the governor’s action here.
