803 KAR 25:036. Computation of life expectancies for purposes including apportionment and attorney's fees

Section 1. Computation of the Apportionment of Benefits Between the Employer and the Special Fund. If an administrative law judge is required to compute the apportionment of benefits between the employer and the Special Fund pursuant to KRS 342.120(3), the portions shall be based on the life expectancies contained in the male or female mortality tables in Appendix A of this administrative regulation. If a claim is reopened, the table in effect on the date of the original opinion, award or order approving the settlement agreement shall continue to be utilized. Section 2. Computation of Attorneys' Fees. If an attorney's fee is being computed by an administrative law judge pursuant to KRS 342.320, the award on which the attorney's fee shall be based shall be as actuarially determined on past and future benefits according to the life expectancies contained in the male or female mortality tables in Appendix A of this administrative regulation. Section 3. Other Computations. If calculation of a life expectancy is necessary for another purpose, including computation of an assessment or reserve for a self-insured employer, the male or female mortality tables in Appendix A shall be utilized.