Ky. Rev. Stat. » Chapter 342
Kentucky Revised Statutes

Ky. Rev. Stat. § 342.290 (2026)

Review by Court of Appeals

✓ current as of May 2026
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The decision of the board shall be subject to review by the Court of Appeals pursuant to Section 111 of the Kentucky Constitution and rules adopted by the Supreme Court. The scope of review by the Court of Appeals shall include all matters subject to review by the board and also errors of law arising before the board and made reviewable by the rules of the Supreme Court for review of decisions of an administrative agency. Effective: January 4, 1988. History: Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 35, effective January 4, 1988. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 276, effective January 2, 1988. -- Amended 1964 Ky. Acts ch. 192, sec. 23. -- Amended 1962 Ky. Acts ch. 141, sec. 1. -- Amended 1948 Ky. Acts ch. 152, sec. 2. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4936.

Notes of Decisions
Cited in 90 cases (20 in the last 5 years), 1943–2026 · leading case: Vessels Ex Rel. Vessels v. Brown-Forman Distillers Corp., 793 S.W.2d 795 (Ky. 1990).
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Vessels Ex Rel. Vessels v. Brown-Forman Distillers Corp., 793 S.W.2d 795 (Ky. 1990). · cites it 19× “Brown-Forman then filed an appeal to the Court of Appeals, rather than to the circuit court, pursuant to KRS 342.290 and CR 76.25. The Court of Appeals reversed the "new" Board.”
Hutchins v. Gen. Elec. Co., 190 S.W.3d 333 (Ky. 2006). · cites it 14× “KRS 342.290 creates a right of appeal in the Court of Appeals regarding all matters reviewable by the Board and errors of law arising before the Board; however, it does not expressly require the Board to comply with the Court's directives.”
Abel Verdon Constr. v. Rivera, 348 S.W.3d 749 (Ky. 2011). · cites it 4× “It permits an appeal to the Board but provides that the ALJ's decision is "conclusive and binding as to all questions of fact" and, together with KRS 342.290, prohibits the Board or a reviewing court from substituting its judgment for the ALJ's "as to the weight of evidence on…”
Bowerman v. Black Equip. Co., 297 S.W.3d 858 (Ky. Ct. App. 2009). · cites it 2× “KRS 342.290; Whittaker v. Reeder, 30 S.W.”
W. Baptist Hosp. v. Kelly, 827 S.W.2d 685 (Ky. 1992). “" KRS 342.290 gives the Court of Appeals in its review the same power that the new board has and "include[s] all matters subject to review by the board and also errors of law arising before the board and made reviewable by the rules of the Supreme Court.”
Kroger v. Ligon, 338 S.W.3d 269 (Ky. 2011). · cites it 2× “285(2) and KRS 342.290 limit administrative and judicial review of an ALJ’s decision to determining whether the ALJ “acted without or in excess of his powers;” 5 whether the decision “was pro *273 cured by fraud;” 6 or whether the decision was erroneous as a matter of law.”
Bright v. Am. Greetings Corp., 62 S.W.3d 381 (Ky. 2001). · cites it 4× “25(12) unconstitutional, workers' compensation claims that are first judicially reviewed in the Court of Appeals pursuant to KRS 342.290, and there ruled upon, may be appealed to the Kentucky Supreme Court as a matter of right pursuant to Section 115 of the Kentucky Constitution.”
Gaines Gentry Thoroughbreds/Fayette Farms v. Mandujano, 366 S.W.3d 456 (Ky. 2012). · cites it 2× “It permits an appeal to the Board but provides that the ALJ’s decision is “conclusive and binding as to all questions of fact” and, together with KRS 342.290, prohibits the Board or a reviewing court from substituting its judgment for the ALJ’s “as to the weight of evidence on…”
Gen. Elec. Co. v. Cain, 236 S.W.3d 579 (Ky. 2007). “610(2)(b), KRS 342.290(1), and the parties’ evidentiary burdens that were at issue.”
Whittaker v. Rowland, 998 S.W.2d 479 (Ky. 1999). “” KRS 342.290 limits the scope of review by the Court of Appeals to that of the Board and also to errors of law arising before the Board.”
Burton v. Foster Wheeler Corp., 72 S.W.3d 925 (Ky. 2002). “” KRS 342.290 limits the scope of review by the Court of Appeals to that of the Board and also to errors of law arising before the Board.”
Whittaker v. Reeder, 30 S.W.3d 138 (Ky. 2000). · cites it 2× “Since January 4, 1988, KRS 342.290 [previously Ky. St. § 4936] has provided that the scope of review.”
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— Ky. Rev. Stat. § 342.290(1) — 3 cases
Gen. Elec. Co. v. Cain, 236 S.W.3d 579 (Ky. 2007). “610(2)(b), KRS 342.290(1), and the parties’ evidentiary burdens that were at issue.”
Queen City Dinettes, Inc. v. Bowling, 472 S.W.2d 72 (Ky. Ct. App. 1971).
Tucker v. Tri-State Lawn & Garden, Inc., 708 S.W.2d 116 (Ky. Ct. App. 1986).
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