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House Bill 81 (H.B. 81)
Governor Mike DeWine has signed H.B. 81 and it becomes effective Sept. 15, 2020. It includes changes significant to BWC’s operations. Highlights include:
- Making the “intent to settle” provision of Ohio Revised Code (ORC) 4123.512 retroactive and extending it to all claims. Previously, under H.B. 27, only claims occurring on or after Sept. 29, 2017, were eligible. Customers may now submit a Notice of Intent to Settle (C-512) application for any claim, regardless of date, and we will process it in our normal manner.
- Revising ORC 4123.65 to bar an employer’s objection to a settlement where the claim at issue is outside of the employer’s experience and the claimant no longer works for the employer. This change applies retroactively to all claims and to all employers. For example:
- For private state-funded employers, the final date of impact will be the final survey date.
- For employers participating in the deductible program, a claim will have impact until the deductible is met.
- For individually retrospectively rated employers, the final date of impact will be the 10-year closeout date.
- For public employer tax districts, the final date of impact will be the final survey date.
- Claims with employers that are state agencies and claims with self-insuring employers will always be considered in experience for the purpose of R.C. 4123.65 and a signature is required to perfect an administrative settlement.
- ORC 4123.56 provides new language that limits the payment of wage replacement benefits to situations where the workplace injury “directly caused” an alleged loss of earning capacity. In ORC 4123.58, the term “voluntary abandonment” is eliminated and the statute specifies that a claimant is not permitted to receive permanent total disability if they are not working for reasons unrelated to an allowed injury or occupational disease. The legislature specified that the new language in ORC 4123.56 supersedes all voluntary abandonment case law. Although the General Assembly did not explicitly use the “supersede” language as applied to ORC 4123.58, by removing voluntary abandonment from the statute the General Assembly has effectively superseded pre-existing case law on the subject. These changes will apply to all active claims and claims with a date of injury on or after Sept. 15, 2020.
- The running of the five-year statute of limitations in ORC 4123.52 begins from the date of medical service to the claimant. Previously, the date of payment controlled. The change will apply to all claims occurring on or after July 1, 2020.
- ORC 4121.471 decreases the statute of limitations for filing a Violation of a Specific Safety Requirement to one year from two years. The new limit will apply to all claims occurring on or after Sept. 15, 2020.
- ORC 4123.026 extends payment of post-exposure testing to detention facility employees and to chemical and drug exposures. This will apply to all claims occurring on or after Sept. 15, 2020.
- ORC 4123.66 increases the maximum amount payable for funeral expenses from $5,500 to $7,500 for all claims occurring on or after Sept. 15, 2020.
BWC Board considers Governor DeWine’s $1.5 billion dividend proposal
The BWC Board of Directors will vote next month on Governor DeWine’s proposal to send Ohio employers up to $1.5 billion in dividends to ease the impact of COVID-19 on Ohio’s economy and business community.
The Board will vote on the governor’s proposal at its monthly virtual meeting Sept. 25. If approved, the dividend would be the second one of that magnitude this year to ease the pandemic’s impact and the third since 2019, all at Governor DeWine’s request.
“Once again, this is great news for Ohio’s businesses because it will provide some immediate financial relief for employers amid this ongoing pandemic,” said Governor DeWine.
The proposed dividend would equal 100% of the premium employers paid in policy year 2019. As with prior disbursements, the dividend is possible because of strong investment returns on employer premiums, a declining number of claims each year, and prudent fiscal management. Checks could be mailed as soon as late October.
“Our robust investment earnings indicated a dividend was feasible next year, but providing it now supports Governor DeWine’s efforts to provide businesses relief during this pandemic,” said BWC Administrator/CEO Stephanie McCloud. “This means, in all likelihood, we will not issue a dividend in 2021.”
Of BWC’s $1.54 billion dividend in April, $1.35 billion went to private employers and $184 million went to local government taxing districts, such as counties, cities, townships, and school districts.
Click here for a fact sheet on the proposed dividend and our masks initiative.
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We've Got You Covered
At its Aug. 21 meeting, the BWC Board of Directors approved Governor DeWine’s request to send another round of face coverings to employers to reduce the spread of COVID-19.
We have shipped 20.6 million masks to 197,000 Ohio employers since late May as part of Protecting Ohio’s Workforce — We’ve Got You Covered. In a second round, we will begin this fall sending approximately 23 million masks to employers, who will not be billed for the items. The funding will come from our Division of Safety & Hygiene at no impact to the division’s safety services and grant programs. We are working to purchase as many of these masks as possible from manufacturers making them here in Ohio.
We have also sponsored two new public service announcements created in partnership with the Ohio Restaurant Association, OhioHealth, JobsOhio, and the Ohio Business Roundtable. The first PSA features real Ohioans explaining why all Ohioans should wear a mask. The second PSA features Dr. Steve Markovich, a former Air National Guardsman and fighter pilot, who is CEO of OhioHealth. He encourages younger adults to wear masks to protect family, friends, and coworkers.
For more on COVID-19 as it relates to BWC, visit this Frequently Asked Questions page. For other questions about COVID-19 related to BWC, email BWCCOVID19@bwc.state.oh.us.
For the latest on COVID-19, visit the Ohio Department of Health website coronavirus.ohio.gov, or call 1-833-4-ASK-ODH (1-833-427-5634).
BWC Board approves 10% rate cut for public employers
Ohio’s public employers will pay $14.8 million less in premiums to BWC in 2021 thanks to a rate cut the BWC Board of Directors approved Aug. 21.
The rate reduction means approximately 3,700 counties, cities, public schools, and other public taxing districts will pay an average of 10% less on their annual premiums than this calendar year. The reduction, made possible by declining injury trends and relatively low medical inflation costs, is the twelfth cut for public employers since 2009 and follows a 10% cut that went into effect in January.
“We are pleased to pass these savings along to our public employer community, especially as the COVID-19 pandemic continues to challenge our economy,” said BWC Administrator/CEO Stephanie McCloud. “It is our hope they invest these dollars in workplace safety and improving their communities.”
The 10% reduction represents an average statewide change to premiums and does not include costs related to the administrative cost fund or other funds BWC administers. The actual total premium paid by individual employers depends on several factors, including their expected future claims costs, their recent claims history, and their participation in various BWC programs.
A history of BWC rate changes since 2000 can be found online by clicking this link.
New C-92 regions: Cleveland, Cincinnati, and Columbus
As of Aug. 3, 2020, we have streamlined the C-92 and C-92A process for state fund claims to enhance consistency and efficiency. The regional C-92 teams below are now responsible for processing the C-92 application from date of filing through date of payment.
If you are unsure which region to contact for C-92-related claim information and questions, please email us at BWCRegionalC92Supervisors@bwc.state.oh.us.
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Electronic claim file duplicates
In the past, we have reached out to you for assistance with reducing our electronic claim file duplicate documents. We appreciate and thank you for all your efforts. While generally we’ve seen a decrease, over the last six months we still received just under 35,000 duplicate documents.
Here are a few suggestions on how you can continue to assist us in avoiding duplicate filings.
- If we already have an application online, such as a C-84 or a MEDCO-14, we do not need another copy of the same document. This also holds true with medical documentation from a provider. Please check www.bwc.ohio.gov prior to faxing an application or medical documentation you have received from a physician’s office or the injured worker.
- When filing a Motion (C-86) or other form requesting action, if the supporting documentation has been previously submitted, there is no need to attach it to the motion. Instead, please reference the supporting evidence in the lower section of the motion or form, note the dates of the supporting evidence, and then note the date it was previously submitted. Also, please be sure you include a claim number on each page of any document you are submitting.
- When you are submitting BWC’s Wages forms (Emp or IW) and supporting information has been previously submitted, please note in the fax cover sheet that the information has been previously submitted with a reference to the date of submission.
With the implementation of the additional feature to upload documents to the online C-92 application, we anticipate duplicate documents will continue to decline. Please remember if the application was filed online, we do not need another copy mailed or faxed to us. We ask that you use www.bwc.ohio.gov to check the electronic documents in the claim file prior to mailing, faxing, or emailing a duplicate copy to us.
Self-insured assessments
We issued self-insuring assessment invoices July 27, covering the period from Jan. 1, 2020, to June 30, 2020. We calculate assessments using the 2018 reported compensation. The invoice is available on your SI policy page when you log into our website. Disabled Workers’ Relief Fund details are also accessible from your policy page. We encourage you to opt in to receive an electronic notification when the invoice is available, in lieu of a paper invoice.
As of July 1, 2019, self-insuring employers are required to pay assessments online using BWC’s Online Payment service offering. Employers can request a waiver of this requirement by providing a written request with documentation demonstrating why they cannot pay assessments online. Please outline your reasons and provide supporting documentation or we will deny the request. Employer representatives can make payments online for the employer.
When paying assessments, please remember to allow enough time for us to process and post the payment prior to the due date to avoid late payment penalties. Self-insuring employers should pay assessments using an electronic check, automated clearing house transfer, or credit card. This will ensure timely payment and provide an audit trail. You can schedule electronic payments in advance to ensure the correct payment date. Using other methods for paying assessments will make challenging late payment penalties more difficult.
Virtual safety services
Like every other Ohio employer, we have had to adapt to the challenges of the COVID-19 pandemic. Our Division of Safety and Hygiene is using technology to continue offering employers a full range of programs and services to make their workplaces safer. We have also created a list of resources and FAQs to help Ohio businesses restart safely in conjunction with the Responsible RestartOhio initiative.
Online safety courses and webinars
We offer free online safety training courses on a wide variety of topics and our new weekly webinar series has become quite popular. Online course times range from 30 minutes to approximately two hours. To get started, register for courses and webinars online using the BWC Learning Center, or call 1-800-644-6292.
Join a safety council – virtually
The majority of our Ohio safety council partners will be offering virtual meetings in the next year instead of in-person meetings. These virtual meetings are another way to stay up to date on safety practices and to learn new methods for protecting workers. We have also made other changes to the program to be respectful of the challenges employers face to resume business and maintain economic viability. Employers may contact their local safety council to learn more.
Virtual safety consultations
BWC's specialists can provide employers with virtual consultative services in the areas of industrial safety, construction safety, ergonomics, and industrial hygiene. We can talk with employers on the phone or do a video chat depending on preference. Employers can also send us pictures, videos, or a written safety program to review and make recommendations. Employers can request a consultation through our website or by calling 1-800-644-6292.
Public employers may also use the specialized virtual consulting services of the Public Employment Risk Reduction Program (PERRP). PERRP is currently scheduling virtual training for employers that perform work activities in work zones, tree operations, confined spaces, and trenching and excavation. For questions or assistance, please request a consultation through our website, send an email to Perrprequest@ohio.gov, or call 1-800-671-6858.
For small- to medium-sized, private employers in high-hazard industries, the OSHA On-Site Consultation Program is also available to help with specialized virtual consulting. Employers can request a consultation through our website or call 1-800-282-1425.
Library reference services and streaming safety videos
The Ohio BWC Library’s streaming video services are available 24 hours a day/seven days a week for remote viewing from any computer. Our selection of online streaming videos covers a range of popular safety and human resource topics. Email us at library@bwc.state.oh.us for information about any of these services.
Better You, Better Ohio!® – workplace health and wellness program
Better You, Better Ohio! is a free health and wellness program for eligible public and private workers. It provides online education and resources employers and employees can access online or over the phone. The program offers information on healthy eating, exercise, and stress management, as well as tips for handling the changes we are all facing. Also, eligible workers can complete an online health assessment, request a biometric screening kit to complete at home, and receive a $75 incentive in the mail! Email BWCBetterYouBetterOhio@bwc.state.oh.us with questions.
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Payment for lumbar fusion surgery rule
This rule – Ohio Administrative Code (OAC) 4123-6-32 – promotes informed decision making for those considering undergoing lumbar fusion surgery and requires full communication among the physician of record or treating physician, injured worker, and operating surgeon. It ensures the best and most current clinical practices for lumbar fusion surgery are used when treating injured workers. Recently, we developed a fact sheet to provide more information on lumbar fusion surgeries. To view this information, visit our Non-Emergent Lumbar Fusion Protocols fact sheet on www.bwc.ohio.gov.
Suggestions or questions
While we are teleworking to help minimize the spread of COVID-19, we want to continue to provide you with the best customer service possible.
Please email us at RepConnect if:
- You have general questions about BWC or any of the articles in this RepConnect.
- You have suggested topic(s) you would like to see in a future RepConnect.
- You know someone who wants to be added to the RepConnect distribution list.
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Payment for Treatment of Concussion Injuries rule
This rule – OAC 4123-6-34 – governs our reimbursement for services in an allowed claim related to concussion. Since its implementation, we have cataloged the questions we received on this rule and have developed a Frequently Asked Questions document. For more information, visit our Frequently Asked Questions fact sheet about this rule.
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