304.13-415 Experience modification factor for workers' compensation -- Written
explanation to workers' compensation policyholders -- Authority for
administrative regulations.
(1)
(2)
(3)
(4)
Every employer that is assigned an experience modification factor for workers'
compensation in order to determine its workers' compensation premium shall be
furnished without charge a complete copy of the data and calculations of the
experience modification by the insurance company or any entity to which the
insurance company may delegate the duty of calculating and promulgating the
experience modification or, if applicable, by any self-insurance group of which the
employer is a member.
Experience modification shall be based upon all payrolls and claims experience for
the applicable period regardless of whether the employer was insured by an
insurance company, was a member of a self-insurance group, or was a member of
the Kentucky Workers' Compensation Assigned Risk Plan for part or all of the
period.
For each workers' compensation insurance policy issued or renewed on or after May
1, 1997, the workers' compensation insurer or the licensed advisory organization
shall provide, in accordance with subsection (1) of this section, the policyholder
with a written explanation of the policyholder's experience modification factor and
the data and methodology utilized in the calculation of the factor.
The commissioner shall promulgate administrative regulations to establish the
guidelines for application of the experience modification factors.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1148, effective July 15, 2010. -Amended 1996 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 52, effective December 12,
1996. -- Created 1994 Ky. Acts ch. 181, sec. 66, effective April 4, 1994.
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