Submitting Medical Reports in Kentucky? Here’s what to Know

Compliance Corner

What does the Bluegrass State say for submitting medical reports in a workers' compensation case? Simply Research subscribers have access to that information, but we break it down here.

No More than 2

A party shall not introduce direct testimony from more than two physicians by medical report except upon a showing of good cause and prior approval by an administrative law judge.

What Forms?

Medical reports submitted through the LMS may utilize the web form creating a Form 107 or Form 108 for electronic filing, except an administrative law judge may permit the introduction of other reports that substantially comply with this section and do not exceed 25 pages.

Signature Required

Medical reports shall be signed by the physician making the report, or the notice of filing shall be considered an affidavit from the physician or submitting party.

Qualifications?

Medical reports shall include, within the body of the report or as an attachment, a statement of qualifications of the person making the report. If the qualifications of the physician who prepared the written medical report have been filed with the commissioner and the physician has been assigned a medical qualifications index number, reference may be made to the physician's index number in lieu of attaching qualifications along with a listing of the physician's specialty of practice.

Type it Up

Narratives in medical reports shall be typewritten. Other portions, including spirometric tracings, shall be clearly legible.

Impairment Rating

Notices of filing or motions to file medical reports shall list the impairment rating assigned in the medical report or record in the body of the notice or motion.

Depositions, Medical Reports

Upon notice, a party may file evidence from two physicians, either by deposition or medical report, which shall be admitted into evidence without further order if an objection is not filed.

Objections

An objection to the filing of a medical report shall be filed within 10 days of the filing of the notice or the motion for admission.

Grounds for the objection shall be stated with particularity.

The party seeking introduction of the medical report may file a response within 10 days after the filing of the objection.

The administrative law judge shall rule on the objection within 10 days of the response or the date the response is due.

Rules for Long Records

Records submitted in excess of 20 pages shall provide an indexed table of contents generally identifying the contents of each page. Failure to provide an indexed table of contents shall result in rejection of the records, which shall not be filed or considered as evidence.

Subject to Cross Examination

If a medical report is admitted as direct testimony, an adverse party may depose the reporting physician in a timely manner as if on cross-examination at its own expense.

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