Claims Processing and Appeals FAQ
Q: Has my Agreement been received and/or approved?
A: Once the Agreement is approved, you will receive an approved copy by U.S. mail. If you are represented by an attorney, your attorney will receive a copy.
Q: In addition to the Form 11, Motion to Substitue Party and Continue Benefits, what documentation do you need to process my request for widow or dependent benefits?
A: You will need to include a copy of the Death Certificate, Marriage License, and any dependent Birth Certificates. You or your attorney will be contacted if any additional information is needed.
Q: What is the discount rate?
A: The discount rate is established each year and information on the current year's rate can be found in the Guides Section of the Publications are of the Department of Workers' Claims website.
Q: Is there a tool available to assist in the calculation of both weekly and lump sum settlements?
A: Yes. The PPD Calculator is a very helpful tool that illustrates how the Discount Rate and other guidelines apply to the Settlement. Because of Social Security regulations, the PPD Calculator cannot be used for workers who reach retirement age, as defined in KRS during the period of income benefits.
Q: How much time do I have to file an appeal to the Workers' Compensation Board?
A: Notices of Appeal to the Board should be filed within 30 days of the Administrative Law Judge's opinion or final order.
Q: When is the Petitioner's brief due?
A: Petitioners have 30 days from the filing of the Notice of Appeal to file a brief.
Q: When is the Respondent's brief due?
A: Respondent's briefs are due 30 days from the filing of the Petitioner's brief.
Claims Assignment
Q: When will a Scheduling Order be issued and what is the pertinent information on it?
A: All Parties of Record will be notified, by letter, of the Judge assigned to the claim along with the date, time and location of the Benefit Review Conference.
Q: Where do I send additional documents associated to the claim such as Motions?
A: Mail all pleadings/documents to:
Department of Workers' Claims
657 Chamberlin Ave.
Frankfort, KY 40601
Q: How can I get my x-ray or other exhibit returned to me?
A: All X-rays are returned after the Claim is resolved and has been closed for at least 60 days to the Party that submitted the exhibit. All other exhibits over $25 in value are destroyed unless otherwise requested. X-rays and other exhibits can only be returned to the party that submitted the exhibit. If you wish to have an exhibit under $25 in value returned, requests must be made in writing to:
Department of Workers' Claims
657 Chamberlin Ave.
Frankfort, KY 40601
Q: I am a physician and need a claim number for billing purposes?
A: The number assigned by the Department of Workers' Claims is for litigation purposes and is not the same number used by the insurance carrier to process a claim. Contact the Employer/Insurance Carrier for payment information.
Claims Review
Q: Where and to whom do I send the Application?
A: Send the Application to:
Department of Workers' Claims
657 Chamberlin Ave.
Frankfort, KY 40601
Q: How many copies of the Application do you need?
A: The Department of Workers' Claims must receive the original and enough copies to serve all Parties listed on the claim.
Q: Has my Claim been received and when was it received?
A: You will receive an Acknowledgement Letter with the date it was received.
Q: Why was an additional Party added to my Claim?
A: The Claim is researched and based on our records, any Party with potential liability is included as a Party to the Claim.
Q: A First Report of Injury has already been filed, so why did I get this letter saying no matching First Report of Injury has been filed?
A: Information submitted on the Application and information filed electronically on the First Report of Injury do not match. Therefore, there is no matching First Report of Injury on record.