Requests for workers' compensation claims records should be forwarded to the Department of Workers' Claims (DWC). The procedure for requesting prior and current claims information can be found at the DWC's website.
Kentucky Workers' Compensation Funding Comission Open Records Policy
Any open records request submitted to KWCFC must comply with KRS 61.870, KRS 61.872, and KRS 61.876.
KWCFC requires a written application signed by the applicant, with his or her name printed legibly on the application, describing the records to be inspected and including a statement regarding whether the request is for a commercial purpose, as well as a statement regarding the applicant's residency.
You should describe the records as precisely as you are able. Requests for “any and all" records related to a particular subject are generally not proper requests, and may be denied. (See (KRS 61.872(2)(a)) and 14-ORD-013)
Under KRS 61.872, the following may make an open records request:
- An individual residing in the Commonwealth of Kentucky
- A representative of a domestic business entity with a location in the Commonwealth of Kentucky
- A representative of a foreign business entity registered with the Kentucky Secretary of State
- An individual that is employed and works at a location (or locations) within the Commonwealth of Kentucky
- An individual, or a representative of a business entity, that owns real property within the Commonwealth of Kentucky
- A representative of a “news-gathering organization," as defined in (KRS 189.635(8)(b)).
The following records are exempt from public inspection under KRS 61.878:
Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations, if the disclosure of the information would harm the agency.
Preliminary drafts, notes and correspondence with private individuals other than correspondence that is intended to give notice of final action of a public agency.
Preliminary recommendations and preliminary memoranda in which opinions are expressed or policies are formulated or recommended.
All public records or information the disclosure of which is otherwise prohibited by federal law or regulation, and public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by an enactment of the General Assembly.
Other exceptions as specified in (KRS 61.878).
KWCFC may charge a reasonable fee for making copies of nonexempt public records for noncommercial purposes. For requests made for commercial purposes, KWCFC may recover the costs of media, mechanical processing, and staff time required to produce a copy of the records.
You may be asked to certify whether your requests is for a commercial purpose prior to records being produced. (See (KRS 61.874))
KWCFC has five business days (excluding holidays and weekends) to respond in writing whether the records will be made available and, if so, the date the records will be available for inspection. (See (KRS 61.872(5)))
To submit an open records request, please complete the standardized form here and forward by hand, mail, facsimile or e-mail to KWCFC in c/o the following:
Marcus A. Roland
General Counsel
Kentucky Workers' Compensation Funding Commission
42 Mill Creek Park
Frankfort, KY 40601
marcus.roland@ky.gov
Direct line: 502-782-1721
Fax: 502-573-4923
You may appeal decisions made by KWCFC regarding records requests. You may do so by filing a complaint with the Attorney General, Open Records/Open Meetings Division, The Capitol, 700 Capital Avenue, Suite 118, Frankfort, Kentucky 40601, or by filing an original civil action in the appropriate circuit court under KRS 61.882. If you first appeal to the Attorney General but are dissatisfied with the Attorney General's decision, you may further appeal to the circuit court pursuant to (KRS 61.882(5)).