KRS 304.13-415: Experience modification factor for workers' compensation -- Written

explanation to workers' compensation policyholders -- Authority for

administrative regulations.

(1) 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 dele gate the duty of calculating and promulgating the

experience modification or, if applicable, by any self -insurance group of which the

employer is a member.

(2) Experience modification shall be based upon all payrolls and claims experience for

the applicabl e 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.

(3) 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 pol icyholder's experience modification factor and

the data and methodology utilized in the calculation of the factor.

(4) The commissioner shall promulgate administrative regulations to establish the

guidelines for application of the experience modification factors.