803 KAR 25:170. Filing of claims
information with the Office of Workers' Claims.
RELATES TO: KRS 342.038, 342.039
STATUTORY AUTHORITY: KRS 342.039
NECESSITY, FUNCTION, AND CONFORMITY: KRS
342.039 requires the Executive Director of the Office of Workers' Claims to
promulgate administrative regulations by which each insurance company writing
workers' compensation policies in the Commonwealth, every group of
self-insurers, and each employer carrying its own risk shall file detailed
claim information contained in the model regulation developed by the National
Association of Insurance Commissioners (NAIC) in conjunction with the
International Association of Industrial Accident Boards and Commissions
(IAIABC). This administrative regulation establishes the requirements for
filing claims information with the Office of Workers' Claims.
Section 1. Definitions. (1)
"Carrier" is defined in KRS 342.0011(6).
(2) "Data collection agent"
means a business or entity that keys information in an electronic format and transmits
the resulting data to a value added network used by the Office of Workers'
(3) "Executive director" is
defined in KRS 342.0011(9).
(4) "Value added network" means
a business or entity that accepts electronic data transmissions and sorts the
transmissions for delivery to various addressees.
Section 2. Reporting Requirements. (1)
Each carrier shall file the information required on the Form IA-1 with a data
collection agent or a value added network designated by the Office of Workers'
Claims, in electronic format, according to the time periods prescribed by KRS
(2) Each carrier shall file the
information required on the Form IA-2 with a data collection agent or a value
added network designated by the Office of Workers' Claims, in electronic
(a) As soon as practicable and not later
than one (1) week from the date payments to an employee are commenced,
terminated, changed, or resumed; and
(b) Every sixty (60) days during
temporary total disability.
Section 3. Data Collection Agents. (1) If
a carrier is unable to transmit the information required under this Office of
Workers' Claims using its own facilities and resources, it shall employ a data
collection agent capable of transmitting the information to a value added network
utilized by the Office of Workers' Claims.
(2) The Office of Workers' Claims shall
maintain a directory of authorized data collection agents and value-added
networks. The directory may be accessed at http://labor.ky.gov/dwc/getstart.htm.
Section 4. Acknowledgements. An
acknowledgement of an accepted filing made pursuant to this administrative
regulation, or a request by the Office of Workers' Claims for resubmission of a
report due to incomplete or incorrect information, shall be made in electronic
format through the same data collection agent or value added network used for
Section 5. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) Form IA-1 (October 10, 1995 edition);
(b) Form IA-2 (October 10, 1995 edition).
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Office of
Workers' Claims, Prevention Park, 657 Chamberlain Avenue, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m. (22 Ky.R. 658; Am. 926; 1084;
eff. 12-7-95; 25 Ky.R. 1180; 1883; eff. 2-18-99; 32 Ky.R. 155; 499; eff.