Franklin Circuit Court: Kentucky's Workers' Comp Fee Schedule Is a Public Record, Not a Private Vendor's Product to Sell

Court finds the Department of Workers' Claims violated the Open Records Act by letting a private consultant charge providers and payers for access to a document the Department itself owns and the law requires them to use

LAKELAND, Fla., Sept. 09, 2026 (GLOBE NEWSWIRE) -- A Franklin Circuit Court judge has ruled that Kentucky's workers' compensation medical fee schedule is a public record that the Commonwealth's Department of Workers' Claims cannot lock behind a private vendor's paywall and licensing agreement.

The ruling, issued September 1, 2026 by Judge Phillip J. Shepherd, grants summary judgment to D1 Data Solutions (d/b/a REFMED), which sued the Department after it denied RefMed’s Open Records Act request for the fee schedule. The Department told RefMed to instead buy the schedule from its contracted vendor and to sign that vendor's licensing agreement.

The court rejected that arrangement outright. Citing the contract between the Department and its vendor, which states the fee schedule "shall be the property of, and owned by, the Department of Workers' Claims," the court found the schedule is a public record under KRS 61.870(2) regardless of who was paid to help produce it.

"This ruling confirms something that should have never been in dispute: the rules everyone in Kentucky's workers' comp system is required to follow can't be sold back to them by a private vendor," said Todd McDaniel, CEO of RefMed. "Physicians and payers have been paying for access to a document their own state government already owns. We brought this case to make sure Kentucky's public records stay public, and the court agreed."

The ruling also invoked the government edicts doctrine, the same principle the U.S. Supreme Court applied in Georgia v. Public.Resource.Org (2020), holding that a document with the binding force of law cannot be copyrighted or fenced off by whoever drafted it. Because the fee schedule is incorporated into regulation and binds every provider and insurance carrier in the state, the court found "no one can own" it.

The court further found the Department "willfully" violated the Open Records Act, noting it denied RefMed's request by citing a legal exemption without ever identifying what law the disclosure would supposedly violate. The court has not yet entered a final, appealable judgment; that will follow a separate ruling on the fee petition.

What it means for Kentucky's workers' comp industry

Every physician, hospital, insurance carrier, and employer operating in Kentucky's workers' comp system is required to use this fee schedule. Until now, obtaining it meant paying the Department's contracted vendor and agreeing to its licensing terms, which barred users from making copies and limited access to a single named user. According to the ruling, the vendor had already been paid $85,010 in taxpayer money to prepare the fee schedule, meaning providers and payers were being asked to pay a second time for a document the public had already funded. This ruling establishes that the fee schedule can instead be obtained directly from the Department through a standard Open Records Act request, at no more than the actual cost of reproduction.

To read the full Summary Judgment Ruling, click here.

About RefMed

RefMed is the leading provider of State, Usual, Customary and Reasonable (UCR), and Medicare fee schedule modules for the workers' compensation and auto casualty industry. With a commitment to accuracy, efficiency, and customer satisfaction, RefMed offers comprehensive solutions that streamline medical billing and reimbursement processes. From delivery of fee schedules to specialized consulting services, RefMed empowers organizations and state governments to navigate complex fee schedules with confidence. For more information, visit www.refmed.com.

Media Contact
Nancy Hamlet
Kokua Creative Group
nancy@kokuacreativegroup.com
770-713-2070