ASSISTANT DIRECTOR, WORKERS' COMPENSATION

4018D3

Pay Grade:  34

DEFINITION OF WORK

Summary

This is specialized legal work presiding over quasi-judicial hearings filed under provisions of the Kansas Workers Compensation Law.

Work involves presiding over quasi-judicial hearings in contested workers compensation claims that have been appealed and/or presiding over quasi-judicial hearings and issuing decisions on cases not decided within time limits set by statute. An incumbent in this class serves in the capacity of an appellate judge by hearing cases that have been disposed of by an Administrative Law Judge and appealed; conducting original quasi-judicial hearings in contested workers compensation claims in the absence of an available Administrative Law Judge; and deciding claims that have been submitted but in which no award has been made within the statutory time limit.

Standard Classification Factors

Supervision Received - LEVEL E: "Under administrative direction…" At this level, employees are free to plan, develop and organize all phases of the work necessary for its completion within program guidance. Generally, they can develop and utilize any procedures and methods which do not conflict with major policies. Supervision is generally exercised over them through staff conference-type discussions and a review of progress reports.

Difficulty - LEVEL C: Considerable… Duties which require a high degree of concentration because of the many factors which must be considered and weighed before a decision can be reached. Usually positions that require planning, developing, and coordinating programs and directing fairly large groups of people fall into this category.

Complexity - LEVEL E: Work is of a highly diverse and/or complex nature characterized by a broad range of activities and frequently changing conditions, situations and problems. Considerable analytical thought is necessary for interpreting a variety of factors, problems and alternatives for methods and procedures. Work requires the origination of ideas, techniques and programs for solving technical problems or complicated situations. Workers at this level exercise a high degree of responsibility for independent judgment and may participate in major program changes or policy decisions. Work may be reviewed by occasional conferences or reports to superiors. When guidelines exist at this level, they are normally characterized by regulations, policies or complex technical manuals.

Consequence of Actions or Decisions - LEVEL C: Consequences of actions or decisions at this level are limited in scope and effect as the work is reviewed occasionally. Errors may cause moderate inefficiency. Costs due to errors may be significant.

Contacts - LEVEL D: The purpose of the contact is to justify, defend, negotiate, persuade or interrogate to settle matters, maintain good will, gain cooperation or reach compromises when the information is controversial or the individuals or groups have strong differences of opinions or diverse viewpoints. Extensive use of communication techniques and well developed communication skills are required for dealing with others.

Physical Demands - LEVEL A: The work is predominantly sedentary and requires minimal or negligible physical exertion. The employee is normally seated; however, the nature of the work allows for periods of standing or walking at will.

Environmental Conditions - LEVEL A: The work environment involves normal everyday hazards or discomforts typical of offices, meeting and training rooms, or libraries. Comfortable levels of temperature, ventilation, lighting and sound are inherent in the work environment. Exposure to deviations from pleasant environmental conditions is only occasional. The likelihood of injury is remote.

Supervision/Leadership - LEVEL B: Involves functional leadership responsibility. As a "senior worker", performing essentially the same or similar work as those overseen, responsibility includes training, instructing, scheduling and reviewing. As a "project leader" may be responsible for a phase(s) of a single project which includes planning, coordinating and reviewing the work of others. This level may also involve limited administrative responsibility such as participating in the evaluation of work performance.

Distinguishing Features

Differs from the Attorney IV class in which the incumbents plan, organize and direct the legal activities of a large state umbrella agency.

EXAMPLES OF WORK PERFORMED

Hears cases that have been disposed of by an Administrative Law Judge and appealed; reads evidence record and writes decision for signature of the Director; reviews and approves Joint Petitions submitted for award.

Conducts quasi-judicial hearings by administering oaths; examining witnesses and ruling on motions and admissibility of evidence in the hearing of contested workers compensation cases when an Administrative Law Judge is unavailable.

Enters decisions and awards on claims submitted in which no award has been made within the statutory time limits.

Gives direction and provides guidance to Administrative Law Judges.

Answers telephone and correspondence inquiries from claimants, employers, and insurance companies.

Meets with advisory committee to discuss proposed legislation; drafts proposed legislation and appears before legislative committees as required; and drafts and edits agency regulations and law handbook.

REQUIRED KNOWLEDGE, ABILITIES, AND SKILLS

Knowledge

Knowledge of laws and legal interpretations applicable to cases arising under the State's Workers Compensation Law and Regulations.

*Knowledge of the rules of evidence under the code of civil procedures and judicial and quasi-judicial procedures.

Abilities

*Ability to read, understand and interpret current appellate court decisions, medical reports and depositions involving both physical and psychological trauma.

*Ability to clearly summarize a volume of evidence and to write clear explanations of the reasoning used in arriving at findings of facts and conclusions of law.

*Ability to write proposed law and agency regulations.

*Ability to maintain order in adversarial courtroom situations.

*Necessary at Entry

MINIMUM REQUIREMENTS:

Certificate of admission to the Bar of the Supreme Court of Kansas or temporary permit to practice law issued by the Supreme Court of Kansas and three years of experience in a licensed law practice.

NC:   06/94
REV: 12/95
REV: 10/98
REV: 02/00
REV: 08/05