For claims under $1,000, an investigation is conducted by an investigator in the Kentucky Claims Commission office. If the Commission investigator finds the state agency (respondent) negligent and responsible for the claimant's damages, loss or injury, an award may be made for the amount the claimant cannot recover through any other source. In many cases awards may cover only the claimant's insurance deductible. If a claim is dismissed, the claimant may ask for a full commission review which is conducted at the Commission meetings. The decision of the Commission is final and cannot be appealed. If negligence is confirmed a payment will be sent to the claimant within 30 days of the Commission order.
For claims of $1,000 or more, if the state agency denies negligence the claim is assigned to a hearing officer. The hearing officer conducts a hearing in the county where the incident occurred and makes a recommendation to the Commission for awarding reimbursement or denying the claim. A claim denied by the board may be appealed to the circuit court of the county in which the hearing was held. If negligence is confirmed, payment is made by the agency or through the general fund.