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FRANKFORT, Ky. (Oct. 22, 2018) – The Department of Workers’ Claims (DWC) announces the adoption of ODG by MCG as its treatment guidelines and pharmaceutical formulary provider.

Pursuant to KRS 342.035, as amended in 2018 by House Bill 2, the commissioner of the Department of Workers’ Claims is directed to develop or adopt a pharmaceutical formulary and medical treatment guidelines for use in the treatment of work injuries and occupational diseases. In compliance with that statutory mandate, Commissioner Robert L. Swisher announces the adoption of ODG by MCG.

“We are honored to add Kentucky to the roster of ODG-mandated states, joining the neighboring states of Ohio, Tennessee, and Indiana. The Department of Workers’ Claims and the Medical Advisory Committee should be commended on a thorough, transparent evaluation of evidence-based guidelines and formulary options, placing confidence in a proven solution,” commented Phil LeFevre, Managing Director, ODG by MCG. “The ODG by MCG team is prepared and excited to work with DWC and stakeholders on a successful implementation to deliver improved outcomes for injured workers and the system. Complementary training and support will be offered including Webinars and onsite visits.”

The Department of Workers’ Claims is in the process of drafting administrative regulations implementing the ODG formulary and medical treatment guidelines and establishing their effective dates.


The Workers’ Compensation Nominating Committee has recommended the following individuals to the Governor for appointment to the Ky. Workers’ Compensation Board:

Thomas C. Donkin

James O. Fenwick

Franklin A. Stivers

Beginning July 1, 2017, all Department of Workers’ Claims (DWC) submissions must be made in electronic format via the DWC’s Litigation Managment System (LMS).  However, due to the ongoing development of the capacity of the LMS to receive and process settlement agreements in electronic format, the DWC will continue, until further notice, to accept Form 110 Settlement Agreements in paper format subsequent to July 1, 2017.

The Workers’ Compensation Nominating Committee has recommended three nominees for the Administrative Law judge position, term expiring December 31, 2017, in the Department of Workers’ Claims.

Nominees are:  Anthony Gray, a defense attorney with Quintairos Prieto Wood Boyer of Lexington, KY; W. Greg Harvey, a Bowling Green, KY defense attorney with Kerrick Bachert; and Gregory Schabell, a Covington, KY plaintiff’s attorney with Berger and Cox.  This is Schabell’s 4th nomination for the position.

Sorry-were-closed-signThe Kentucky DWC announces that effective June 30, 2017, the Louisville DWC hearing site at 410 W. Chestnut Street will permanently close.  Beginning July 1, 2017 all Louisville dockets will be temporarily relocated and conducted at the Frankfort hearing site, 1025 Capital Center Drive, Frankfort, Kentucky.

Kentucky Department of Workers’ Claims (DWC) Chief Administrative Law Judge (ALJ) Robert L. Swisher has been appointed as the Acting Commissioner of the DWC beginning April 1, 2017.  Swisher has been an ALJ since 2010 and has been Chief ALJ since 2014.

question-mark10William P. Emrick, without explanation, has been replaced as Acting Commissioner of the Department of Workers’ Claims (DWC) by Michael J. Nemes, who is Deputy Secretary of the Kentucky Labor Cabinet.  No explanation or official statement from the DWC has been issued.

electronic-filingThe DWC has announced that per 803 KAR 25:010 Section 3(1)(b), effective July 1, 2017, it will no longer accept paper filings.  All filings will need to be submitted via Litigation Management System LMS.

The DWC has issued the Ky. Workers’ Compensation Benefit Schedule for 2017.  Click here to view the schedule.

The Lexington Herald-Leader reports that Franklin Circuit Judge Phillip Shepherd has “temporarily blocked Gov. Matt Bevin’s executive order abolishing the Kentucky Workers’ Compensation Nominating Commission and then re-creating it with new members.” Shepherd said the temporary injunction will remain in effect until he issues a final judgment. An expedited hearing will take place on June 13, 2016.

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