(1) Any party adversely affected or aggrieved by a final order of the review commission may appeal within thirty (30) days to the Franklin Circuit Court on the record for a review of such order. No new evidence may be introduced in the Circuit Court. An appeal may be taken to the Court of Appeals from any decision of the Circuit Court under this section.
(2) On appeal, the Franklin Circuit Court may award actual expenses incurred, including court costs and attorney's fees, against the department.
(3) The department shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section. The administrative regulations shall comply with the Equal Access to Justice Act, 28 U.S.C. sec. 2412.
(4) The commencement of a proceeding under this section shall operate as a stay of an order of the review commission. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 105, sec. 2, effective June 27, 2025. -- Created 1972 Ky. Acts ch. 251, sec. 10.
Notes of Decisions
Gaines v. Kentucky Occupational Saf. & Health Review Comm'n, 326 S.W.3d 818 (Ky. Ct. App. 2010).
· cites it 8× “Furthermore, it specifically informed Gaines of his right to appeal it within thirty days before the Franklin Circuit Court, pursuant to KRS 338.091. No party contends that this order was in any way defective or void when it was entered.”
Elliot Elec./Kentucky, Inc. v. Kentucky Occupational Saf. & Health Review Comm'n, 323 S.W.3d 373 (Ky. Ct. App. 2010).
· cites it 5× “Referring to the provisions of KRS 338.091, which permits an appeal within thirty days of the Commission’s final order, the Department of Labor contended that the employer’s appeal should have been filed on or before August 9, 2006 (30 days following the finality of the order by…”
Sec'y of Labor v. United Parcel Serv., Inc., 512 S.W.3d 739 (Ky. Ct. App. 2017).
“The Secretary filed a petition for judicial appeal in Franklin Circuit Court pursuant to KRS 338.091, arguing that the Review Commission’s final order was arbitrary and contrary to substantial evidence.”
Ky. Rev. Stat. § 338.091(1): 4 cases
Gaines v. Kentucky Occupational Saf. & Health Review Comm'n, 326 S.W.3d 818 (Ky. Ct. App. 2010).
“Furthermore, it specifically informed Gaines of his right to appeal it within thirty days before the Franklin Circuit Court, pursuant to KRS 338.091. No party contends that this order was in any way defective or void when it was entered.”
Elliot Elec./Kentucky, Inc. v. Kentucky Occupational Saf. & Health Review Comm'n, 323 S.W.3d 373 (Ky. Ct. App. 2010).
“Referring to the provisions of KRS 338.091, which permits an appeal within thirty days of the Commission’s final order, the Department of Labor contended that the employer’s appeal should have been filed on or before August 9, 2006 (30 days following the finality of the order by…”
Ky. Rev. Stat. § 338.091(2): 1 case
Gaines v. Kentucky Occupational Saf. & Health Review Comm'n, 326 S.W.3d 818 (Ky. Ct. App. 2010).
“Furthermore, it specifically informed Gaines of his right to appeal it within thirty days before the Franklin Circuit Court, pursuant to KRS 338.091. No party contends that this order was in any way defective or void when it was entered.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.