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Last Modified:  4/17/2008
Office of Workers' Claims


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Dwight Lovan
Dwight T. Lovan 
Executive Director                 

WELCOME to the Kentucky Office of Workers' Claims (OWC) Web site. With the support of Governor Steve Beshear, the OWC is committed to improving customer service and reducing costs to our customers in the commonwealth.

The Office of Workers' Claims is the agency primarily charged with the administration of the Kentucky program and has exclusive jurisdiction over workers' compensation claims. Approximately 80,000 employers and 1.7 million employees are covered under Kentucky's workers' compensation law. Total program costs in terms of premium, simulated premium and assessments are almost three-quarters of a billion dollars per year. Our Web site is designed to provide users with useful information as to the functions of the commonwealth's workers' compensation program. Visitors to this site can download forms, publications and find the OWC service office nearest them. We welcome analysis of the subject matter and would appreciate receipt of your comments and suggestions.

 

Send us your comments by writing to the Office of Workers' Claims, Attn: Research, 657 Chamberlin Avenue, Frankfort, KY 40601; by way of fax to 502-564-5732.


 

Kentucky’s Workers’ Compensation Program Overview

 

The Office of Workers’ Claims has the overall authority and oversight responsibility for operation of Kentucky’s Workers’ Compensation Program under Chapter 342 of the Kentucky Revised Statutes.  The OWC is administratively attached to the Kentucky Department of Labor.  The primary purpose of Kentucky’s Workers’ Compensation Act is to restore an income stream to an injured worker to the extent it has been severed by an industrial injury or occupational disease; to provide timely medical services for the cure or relief of the injury; and to provide rehabilitation and retraining services to injured workers unable to return to their former jobs.  The primary goal of the OWC is to assure prompt delivery of statutorily enacted benefits, by providing an expedient processing of injury and occupational disease claims through a nonadversarial process, including mediation, and resolution of disputes through prompt adjudication by administrative law judges (ALJs).

 

The General Assembly enacted sweeping reforms to the program in December 1996 upon call of a special session by the governor (House Bill 1).  Total cost in premium dollars of the Kentucky systems in 1996 was equivalent to four times the businesses’ state corporate income tax liability.  The Kentucky coal industry was in crisis.  Premiums in the coal industry had risen 89 percent in the preceding two years.  The number of workers receiving awards in the previous seven years had more than doubled, despite no evidence of increase in on-the-job injuries.

 

Legislation in the Workers’ Compensation Reform of 1996 was enacted, which focused on critical objectives of fairness to injured workers and affordability for employers who pay for the system.  Benefit levels were based on objective impairment ratings under the American Medical Association (AMA) Guides to Functional Impairment; benefit liability was terminated when an injured employee reached 65 years of age; “injury” was redefined to end subjective decision making by ALJs.  Guaranty funds were created for all self-insured employers to offset termination of benefits if employers became insolvent or bankrupt.

 

The General Assembly in 2000 (House Bill 992) increased benefit levels for traumatic injury by taking a worker’s age and educational level into account.  HB 992 also increased death benefits; enhanced penalties against employers for safety violations that result in work injury; reduced the duel level of adjudication by eliminating arbitrators; and reinstated the Workers’ Compensation Board for administrative appeal from ALJs before appeal to the appellate courts were authorized.  Additional refinement to the law was made during the 2002 General Assembly (House Bill 348) providing that coal miners who leave the coal mining industry and are determined to suffer from the occupational disease of coal worker’s pneumoconiosis (black lung) should have an opportunity to make transition to other employment by education and retraining programs.  Miners who are 57 years of age at the time of their last exposure to coal dust could be entitled to monetary indemnity payments.


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Driving Directions to the Office of Workers' Claims

 
 
Office of Workers' Claims
657 Chamberlin Avenue
Frankfort, KY 40601
Phone: 502-564-5550 ext 4423
Fax: 502-564-5732
E-mail: Deborah.Wingate@ky.gov