Claims Review FAQ
- Where and to whom do I send the Application?
ONLY non-represented (Pro Se) individuals may file by paper application; all others must use the LMS electronic filing system. Unrepresented individuals must send the application to:
Department of Workers' Claims
500 Mero Street, 3rd Floor
Frankfort, KY 40601
- Has my Claim been received and when was it received?
You will receive an Acknowledgement Letter with the date it was received.
- Why was an additional Party added to my Claim?
The Claim is researched and based on our records, any Party with potential liability is included as a Party to the Claim.
- A First Report of Injury has already been filed, so why did I receive a letter saying no matching First Report of Injury has been filed?
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.
Claims Assignment Section
The claims assignment section responsibilities begin with the assignment of new claims, and older claims that have been reopened by order of the Chief Administrative Law Judge.
Once the claims are filed with the Department of Workers' Claims, the claims are prepared, sorted into regions based on the county of residence of the Plaintiff, and assigned to an Administrative Law Judge. When claims are ready to be scheduled, it is this section's responsibility to ensure that all parties are notified by letter that the claims have been assigned to an Administrative Law Judge and scheduled for a Benefit Review Conference at one of the 9 Hearing Sites operated by the Department of Workers' Claims. The Benefit Review Conference is an informal meeting for the parties to define and narrow the issues of the claim, discuss settlement options and consider other relevant matters that may aid in the resolution of the claim.
Other duties include routing motions on claims prior to assignment to an Administrative Law Judge; scheduling court reporters and reserving hearing sites; serving as x-ray and exhibit custodians, and auditing resolved claims to confirm all information is contained in the electronic record before the file is purged.
For further information or questions, please contact:
Connie Morris, Assistant Director
The agreements section falls under the authority of the Chief Administrative Law Judge and processes all Form 110 Settlement Agreements received by the Department. Many agreements come from settlements reached without litigation. The Agreements staff reviews those Form 110’s for statutory compliance. The agreements are ultimately approved or disapproved by the Chief Administrative Law Judge. Form 110’s received at DWC in litigated cases are routed through the Agreements Section for transmittal to the ALJ assigned to the claim and responsible for review and approval. The Agreements Section also processes Form 11’s, which are requests to continue spousal or dependent benefits upon the death of an injured worker.
For further information, contact:
- Has my Agreement been received and/or approved?
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.
- 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?
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.
- What is the discount rate?
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.
- Is there a tool available to assist in the calculation of both weekly and lump sum settlements?
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.