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341.420 Appointment of referees -- Appeals -- Effect on other proceedings.
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The secretary shall appoint one (1) or more impartial referees according to KRS
341.125 to hear and decide appealed claims.
A party to a determination may file an appeal to a referee as to any matter therein
within fifteen (15) days after the date such determination was mailed to his last
known address.
If benefits are allowed by a determination of the secretary, or a decision of a referee,
the commission, the secretary, or a reviewing-court, such benefits shall be paid
promptly without regard to the pendency of an appeal or period for filing an appeal
therefrom. If a determination or decision allowing benefits is modified or reversed
by a subsequent determination or decision, benefits shall be paid or denied for
weeks of unemployment thereafter in accordance with such modification or denial.
No injunction, supersedeas, stay or other writ or process suspending payment of
such benefits shall be issued.
Unless such appeal is withdrawn, a referee, after affording the parties reasonable
opportunity for a fair hearing, shall affirm or modify the determination. The parties
shall be duly notified of his decision, together with the reasons therefor, which shall
be deemed to be the final decision unless within fifteen (15) days after the date of
mailing of such decision, further appeal is initiated under KRS 341.430.
No finding of fact or law, judgment, conclusion, or final order made with respect to
a claim for unemployment compensation under this chapter may be conclusive or
binding in any separate or subsequent action or proceeding in another forum, except
proceedings under this chapter, regardless of whether the prior action was between
the same or related parties or involved the same facts.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 211, sec. 151, effective July 12, 2006. -Amended 1992 Ky. Acts ch. 133, sec. 4, effective July 14, 1992. -- Amended 1974
Ky. Acts ch. 70, sec. 1; and ch. 74, Art. VI, sec. 107(31). -- Amended 1972 Ky. Acts
ch. 21, sec. 29. -- Amended 1952 Ky. Acts ch. 154, sec. 16. -- Amended 1950 Ky.
Acts ch. 206, sec. 1. -- Amended 1948 Ky. Acts ch. 216, sec. 16. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4748g-11.
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