Bill would let officials discipline workers’ compensation judges

The division director could file a complaint seeking discipline or removal of a workers’ compensation judge. Listed grounds include certain crimes, misconduct, habitual intoxication, neglect of duty, incompetence, and acts involving moral wrongdoing or abuse of office. Before filing, the director must notify the judge in writing of the reasons. For alleged neglect of duty or incompetence, the judge has 90 days to address the problem before a complaint may be filed. After a hearing, if the commission finds grounds for discipline, the director may remove, suspend, or otherwise discipline the judge. If it finds no grounds, the judge resumes duties and receives any attorney’s fees due under the cited law. The 90-day period applies only to complaints based on neglect of duty or incompetence.

The division may appoint up to 41 administrative law judges. The limit applies to administrative law judges appointed by the workers’ compensation division. Appropriations are to be based on the needs of each division office. The section applies after August 28, 2005.

An administrative law judge in charge would receive $10,000 above the regular judge salary rate. The salary provisions cover workers’ compensation administrative law judges, including judges in charge. Regular administrative law judge compensation is set at 90 percent of the rate for an associate circuit judge. Judge compensation does not increase when pay raises for executive employees are appropriated. The stated salary schedule begins January 1, 2006.

The state retirement system would stop a beneficiary’s payments if the beneficiary is charged with intentionally killing the judge or legal advisor whose benefits they receive. This applies to a beneficiary of a workers’ compensation administrative law judge or legal advisor. If the beneficiary is convicted, they are no longer entitled to benefits. If the beneficiary is not convicted, payments resume and the system must pay the benefits that were suspended. Payments stop when the beneficiary is charged and remain suspended pending resolution of the charge.