(1) The Workers' Compensation Board is hereby created and established. The board shall rule on appeals of decisions rendered by administrative law judges under this chapter. The board shall rule on an appeal of a decision of an administrative law judge no later than sixty (60) days following the date on which the last appeal brief was filed.
(2) The Workers' Compensation Board shall consist of three (3) members appointed by the Governor. Each member shall hold no other public office and shall devote his or her full time to the duties of his or her office. Each member shall be exempt from the classified service, and his or her support staff may be exempt from the classified service.
(3) Of the members of the board appointed under this section, any member appointed to fill an unexpired term shall immediately assume the office subject to the confirmation by the Senate in accordance with KRS 11.160 for the remainder of the term. Any member not currently pending reappointment by the Senate with a term expiring on or before:
(a) December 1, 2025, shall continue serving a term that shall expire on June 1, 2026;
(b) December 1, 2026, shall continue serving a term that shall expire on June 1, 2027; or (c) December 1, 2027, shall continue serving a term that shall expire on June 1, 2028. Thereafter, each term of a board member shall run for four (4) years from the date of expiration of the term for which the member's predecessor was appointed, except that a person appointed to fill a vacancy prior to the expiration of a term shall be appointed for the remainder of the term. The Governor shall not appoint a member of the board to fill the unexpired term of another board member, nor shall the Governor reappoint a member of the board who has been removed from his or her position prior to the expiration of his or her term. The members of the board shall have the qualifications required of appeals court judges, except for residence in a district, and shall receive the same salary and shall be subject to the same standards of conduct. The Governor shall designate a member of the board to serve as chairman. Any vacancy in the chairmanship shall be filled by the Governor. The Governor may at any time remove any member for cause after furnishing the member with a written copy of the charges against him or her and giving the member a public hearing if he or she requests it.
(4) A decision concurred in by any two (2) of the three (3) members shall constitute a decision of the board.
(5) Members of the Workers' Compensation Board and the administrative law judges shall be members of the Kentucky Employees Retirement System.
(6) The Workers' Compensation Board shall be attached to the Department of Workers' Claims in the Education and Labor Cabinet.